%201.png)
%201%20(2).png)
AGB
Omega Do. is a digital agency with expertise in online digital marketing and operates under Austrian legal regulations from its base in Vienna. We refer explicitly to the General Terms and Conditions (GTC) for advertising and market communication by the Austrian Economic Chamber.
GENERAL TERMS AND CONDITIONS
Omega Do.
Hermann Glück Weg 6/ Staircase 4/ Ground Floor/ Top 1C, 1120 Vienna
Commercial Court: Vienna
Phone: +43 66 56 56 30000
Email: contact(at)omegado.com
1. Scope and Conclusion of Contract
1.1 Omega Do. (hereinafter referred to as “the Agency”) provides its services exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the Agency and the client, even if not explicitly referred to. The GTC apply solely to B2B relationships.
1.2 The version valid at the time of the contract's conclusion is decisive. Deviations from these terms or any supplementary agreements with the client are only effective if confirmed in writing by the Agency.
1.3 Any terms and conditions of the client are not accepted, even if known, unless otherwise agreed in writing in specific cases. The Agency explicitly rejects any customer terms and conditions.
1.4 Any changes to the GTC will be communicated to the client and are deemed agreed upon if the client does not object in writing within 14 days. The client will be specifically informed of the significance of silence as well as the changes made.
1.5 Should individual provisions of these GTC be invalid, this does not affect the binding nature of the remaining provisions and the contracts concluded based on them. The ineffective provision is to be replaced by an effective one that comes closest to the purpose of the original.
1.6 The Agency’s offers are non-binding and without obligation.
2. Social Media Channels
2.1 The Agency explicitly informs the client that providers of social media channels (e.g., Facebook) reserve the right to reject or remove advertisements and accounts for any reason. Providers are not obligated to forward content and information to users, posing an incalculable risk to the Agency that advertisements may be removed without cause.
2.2 The Agency operates on the basis of these providers' terms, over which it has no control, and incorporates these into the client’s order. The client explicitly acknowledges that these terms shape the contractual rights and obligations.
2.3 The Agency intends to execute the client’s order with due diligence, adhering to social media guidelines. However, given current terms and the possibility of content removal, the Agency cannot guarantee the constant availability of the requested campaign.
3. Protection of Concepts and Ideas
3.1 If the client invites the Agency to create a concept before the main contract is concluded, a contractual relationship (“Pitching Contract”) arises upon invitation and acceptance.
3.2 The client acknowledges that the Agency incurs significant pre-performance costs in developing the concept, without the client having yet undertaken any service obligations.
3.3 The concept, including language and graphic elements, is subject to copyright law if it achieves a sufficient level of creativity.
3.4 The concept also includes advertising-relevant ideas that are not protected by copyright but serve as the foundation for all subsequent work, such as slogans, advertising texts, and illustrations. These unique elements are protected as they give the marketing strategy its distinctive character.
3.5 The client agrees not to exploit or utilize these creative advertising ideas presented by the Agency outside a main contract.
3.6 If the client believes they already had the ideas presented by the Agency, they must inform the Agency by email within 14 days, providing evidence.
3.7 Otherwise, it is assumed that the Agency has presented a new idea to the client.
3.8 The client can discharge their obligations by paying appropriate compensation plus 20% VAT.
4. Scope of Services, Project Execution, and Client's Obligations
4.1 The scope of services is based on the service description in the agency contract, order confirmation, or briefing protocol. Subsequent changes to the content require written confirmation from the Agency.
4.2 All Agency services (e.g., drafts, sketches) must be checked by the client within three business days. If no response is received, the work is considered approved.
4.3 The client shall promptly and fully provide the Agency with all information and materials necessary for performing the services.
4.4 The client guarantees that all materials provided are free from third-party rights. The Agency shall not be liable for the infringement of third-party rights.
5. External Services / Commissioning Third Parties
5.1 The Agency may, at its discretion, perform the service itself, use qualified third parties, or substitute services.
5.2 The Agency will select and ensure third-party qualifications when outsourcing work.
5.3 The client shall assume responsibility for third-party obligations that extend beyond the contract term.
6. Deadlines
6.1 Delivery deadlines are approximate unless agreed as binding.
6.2 If delivery is delayed for reasons beyond the Agency's control, obligations are suspended.
6.3 If the Agency is in default, the client may terminate the contract after setting a 14-day grace period.
7. Early Termination
7.1 The Agency may terminate the contract immediately for just cause, including non-performance by the client.
7.2 The client may terminate the contract immediately if the Agency repeatedly violates essential terms.
8. Fees
8.1 Unless otherwise agreed, the Agency is entitled to fees for each service provided.
8.2 The fees are net, exclusive of VAT.
8.3 Any additional services not covered by the agreed fees will be billed separately.
9. Payment, Retention of Ownership
9.1 Fees are due upon receipt of the invoice.
9.2 In the event of delayed payment, the client must compensate for all resulting collection expenses.
10. Ownership and Copyright
10.1 All Agency services remain the property of the Agency until payment is received.
10.2 Changes to services are only permitted with Agency approval.
11. Attribution
11.1 The Agency may credit itself on all advertising materials without charge.
12. Warranty
12.1 The client must notify the Agency of any defects within eight days.
13. Liability and Product Liability
13.1 Liability for slight negligence is excluded.
13.2 Liability claims are limited to the net order value.
14. Applicable Law
14.1 Austrian law applies.
15. Place of Performance and Jurisdiction
15.1 The place of performance is the Agency's headquarters.
15.2 Jurisdiction is at the court responsible for the Agency's headquarters.
Contact Us
Address:
Omega Do.
Hermann Glück Weg 6/ Staircase 4/ Ground Floor/ Top 1C,
1120 Vienna
Phone: +43 66 56 56 30000
Email: contact(at)omegado.com