Last updated: 01 March 2024
GENERAL TERMS AND CONDITIONS ("T&C") are legally binding conditions between SCHMUT/WEISS ("I," "my," "our," "we") and the individual or entity claiming our service ("Contracting Party," "User," "Customer"). The mere interaction with https://schmutweiss.com ("Website") constitutes claiming our service.
Unless otherwise stated, texts, images, databases, features, source code, design, audio, video, graphics, and software ("Content") of the Website are the intellectual property of SCHMUT/WEISS. The Content is provided "As-Is." We do not guarantee that the service will function at all times flawlessly and will be provided without errors. The Content may not be used without express consent from third parties unless it is positive recommendations/advertisements for SCHMUT/WEISS (e.g., newspapers, social media posts).
Any Content provided by the customer remains the exclusive property of the customer. We reserve the right to use your Content in the form of testimonial demonstrations. The finished source code and anything created by us and not licensed by third parties remain our property. The customer receives unrestricted rights to use, and a copy of the original, which they may modify, publish, and resell. Any alteration of this copy and the copy itself are the property of the customer.
Should the end product ("Product") resulting from the use of our service utilize a third-party font that cannot be commercially used free of charge, we will inform the customer in advance. The customer can then decide whether to use the paid font and is responsible for obtaining the font license. Customers must take care of themselves and are legally responsible for changes in the font publisher's licensing terms.
Customer refers to an individual, a company, or a person acting on behalf of a company. The customer is responsible for ensuring that the Product is not used for illegal or ethically unacceptable practices.
The customer may only use the website for its intended purposes. This includes gathering information about the offer, collecting contact information, and other interactions common to websites. The customer may not attempt to obtain sensitive data through the website; impersonate the website owner; take actions that compromise the website's security; copy website content for personal or commercial use; attempt to render the website unusable or degrade the service; implement trojan horses; replicate the website; use the website in a manner that would constitute a violation of the law.
Customer feedback is information that we may use to improve our service. Any feedback provided automatically becomes the intellectual property of SCHMUT/WEISS, meaning we may use it to adjust our service. The customer hereby waives the right to be compensated in any form for actions, enhancements, and improvements resulting from the feedback.
By using the website, the customer agrees to our Privacy Policy. The applicable law is, where possible, the law of the state of Austria and the law of the European Union ("EU"). SCHMUT/WEISS does not sell services to individuals under the age of 18. We reserve the right to unilaterally cancel contracts if the customer, without the consent of a legal representative or contrary to local laws, enters into a contract with us without our knowledge of their age. Customers are required to inform us in advance if they are under 18 years of age.
SCHMUT/WEISS reserves the right to grant refunds at its discretion. If the customer withdraws from the contract without payment and has already received (partial) services, they may not use them, copies and drafts must be deleted, and the Product does not become their property. If we negligently fail to provide a service or a product included in the chosen plan ("Plan"), the customer is entitled to claim a refund of a monthly subscription fee. The customer is not entitled to a refund if we do not fully utilize all hours included in the customer's chosen plan on a monthly basis. Unused hours are also not transferable to the following month, redeemable at a later date, or monetarily/otherwise compensated. If we do not deliver the initial Product ("First Draft") within the first 7 days, we reserve the right to deliver the First Draft up to 7 working days late. If we fail to meet this deadline, the customer is entitled to a refund of already paid subscription fees up to a maximum of one month's fee. The customer may also withdraw from the contract if we do not meet the total deadline of 14 working days, from the conclusion of the contract, for the provision of the First Draft.
SCHMUT/WEISS reserves the right to change the service at any time or delete parts of the service. We reserve the right to shut down the website at any time.
We do not guarantee that the Product will be accessible at all times. We are not liable for any damages resulting from the Product's inaccessibility. We also do not guarantee that the Product will always function flawlessly and forever, nor will it always function as the customer would like.
SCHMUT/WEISS is based in Austria. The applicable law is the law of the Republic of Austria and the law of the European Union. The jurisdiction for legal complaints is Vienna.
The website is provided on an "as-is" and "as-available" basis. Therefore, we do not assume any liability for interruptions, suspensions, or the permanent termination of the service. We do not guarantee that the information on this website is accurate and complete. We are not liable for errors, malware, viruses, or other issues resulting from the use of the service that cause personal/business damage. We also do not guarantee the flawless functioning of third-party software accessible through links on our website. We are not liable for damages of any kind caused by our service or product.
SCHMUT/WEISS and its management, as well as employees, members, and independent third parties or agents, are not liable for direct, indirect, unforeseeable, special, or legal damages and consequential damages caused by our service. We are not liable for damage to business relationships and the reputation of the customer, loss of revenue and profit, legal costs, fines, legal fees, or other costs and damages caused by our product or service. The customer agrees to indemnify, hold harmless, and protect SCHMUT/WEISS from any personal and financial harm.
The customer is responsible for transmitting any content securely. SCHMUT/WEISS is not liable for content publication or content loss. The customer hereby waives the right to any claim for damages for the loss of content or other data.
The customer hereby agrees to be contacted by SCHMUT/WEISS at any time. This may be for marketing purposes or individual business purposes. The customer agrees that primary communication will be via email and that written and oral agreements between SCHMUT/WEISS and the customer are legally binding. The customer hereby waives the requirement for a signature, meaning that agreements between SCHMUT/WEISS and the customer or a representative of the customer that are not signed are legally binding.
If SCHMUT/WEISS provides the customer with a Product, we may use and publish the Product for demonstration purposes. The customer has the right to prohibit SCHMUT/WEISS from publishing with the submission of a reason, such as protection of trade secrets. This prohibition must be explicit and in writing. A prohibition issued after publication does not result in claims for damages or other compensation for the customer.
Our Terms and Conditions are valid to the extent permitted by law. If parts of our Terms and Conditions are not legally covered, they are considered void. Nothing in these Terms and Conditions, Privacy Policies, or on the Website shall be construed to create a joint venture, partnership, employment relationship, or agency relationship between the customer and SCHMUT/WEISS.
If you have any questions, complaints, or other concerns, please feel free to contact us at schmutweiss@gmail.com.