Terms & Conditions

1. General

These General Terms and Conditions (GTC) apply to all current and future offers and contracts of Webbees e.U., FN 545048, 1030 Vienna, Beatrixgasse 27/2/74 (hereinafter referred to as “WebBees”). The applicability of any General Terms and Conditions of WebBees’ contractual partner is expressly excluded, unless explicitly and in writing agreed upon by WebBees.

2. Offer – Conclusion of Contract

The contract with WebBees is concluded upon acceptance of an offer. Acceptance of WebBees' written offer may occur in writing or via email. Should WebBees’ contractual partner present a written offer to WebBees, WebBees may accept this through actual performance. Unless explicitly stated otherwise in the offer, offers from WebBees are non-binding. In such cases, WebBees expressly reserves the right to amend the information contained therein. Price lists, advertisements, or similar, whether published online or in print media, do not constitute an offer by WebBees that can be accepted.

The contractual partner is obligated, upon written request, to provide all requested information regarding their identity and legal and business capacity, by submitting official documents, such as company register extracts, photo IDs, and proof of residence, as well as evidence of signing or representation authority. WebBees is entitled to verify all data provided by the contractual partner, particularly but not exclusively, their creditworthiness.

Should any contract fees apply, they shall be borne solely by the contractual partner, which also includes taxes and other charges. Any necessary permits or approvals, whether of a private or public legal nature, required for the operation or use of WebBees’ services, are solely the responsibility of the contractual partner, including both acquisition and related costs.

WebBees is entitled to request an advance payment customary in the industry, and in such a case, WebBees will begin providing services only after full payment has been received. Any damages incurred by the contractual partner due to delayed payment are solely their responsibility.

3. Service Description

General information provided by WebBees in brochures, advertisements, documentation, product and service descriptions, or similar, are merely descriptions of products and services and do not specifically contain information about the exact nature of these products and services. The exact specifications of products and services are provided exclusively in written offers and contracts. The scope of the contractual services is determined by the respective service description in the specific offer addressed to the contractual partner. This must be checked by the contractual partner for accuracy and completeness, which they confirm by signing. Any subsequent changes will be agreed upon separately between the contracting parties. If WebBees expands the scope of services for products or product groups, the client may not necessarily be notified. An expansion of the scope of products or product groups without an order does not give rise to a claim for the adjustment of existing contracts. If applicable, the scope of services may be expanded for the client for an additional fee.

If it becomes apparent during the execution of the service that the completion of the order in accordance with the service description is factually or legally impossible, WebBees will promptly notify the contractual partner in writing. If the contractual partner does not confirm and order the resulting additional services, WebBees is entitled to withdraw from the contract. The contractual partner is required to reimburse WebBees for the contractually compliant working hours, costs, expenses, and any dismantling costs incurred up until the withdrawal point, according to the agreed and applicable billing rates of WebBees. The shipment of program carriers, documentation, and service descriptions is at the client’s expense and risk. Any requested training or instructions by the client will be invoiced separately. Insurance will only be provided upon explicit order of the contractual partner and exclusively at their cost.

Unless otherwise agreed, WebBees provides its services at its own premises and during normal working hours. Service provision outside of these times or at another location will only be done by mutual agreement. In this case, the additional costs will be invoiced separately to the contractual partner. WebBees is free to choose the employees who will provide the services for the client and is entitled to have services performed by third parties.

The contractual partner will ensure that their organizational conditions at their business location, if this has been agreed as the place of performance, are arranged so that WebBees can perform its services as smoothly as possible. The contractual partner will promptly provide all necessary documents for the provision of services and will immediately inform WebBees of all events and circumstances that are relevant to the performance of the contract. This includes all documents, events, and other circumstances that become known after the conclusion of the contract. Any delayed information to WebBees will extend WebBees’ service deadlines accordingly.

Unless otherwise agreed contractually, the following services are considered outside the scope of the contract: provision and procurement of any data necessary for service delivery; data conversions and data recovery; interface adjustments; elimination of errors caused by the contractual partner or third parties attributable to them; services resulting from changes to operating systems, hardware components, or non-contractual software and interface adjustments; as well as travel, accommodation, and travel time costs for WebBees personnel tasked with the execution of services.

The contractual partner expressly agrees not to make any changes of any kind to the delivered software or to decompile the provided software. Furthermore, the contractual partner agrees not to copy the contractually provided software, even temporarily, and not to store the software on data carriers (hard drives, etc.) of the hardware used by the client, nor to reproduce the software in any other way. Likewise, the contractual partner will not print the program codes or user manuals, nor will they pass them on to any third party.

4. Acceptance of Services

The contractual partner agrees to accept services completed for them no later than two weeks after the completion of the service. The two-week period begins upon receipt of the notification via email about the completion. If the contractual partner does not use this period, the service will be considered accepted. Services that are already in active operation are considered accepted unless a contradiction is made within 3 business days from the provision and notification of this via email. Services in active operation are those that are accessible under a public domain.

If the contractual partner refuses to accept a partial service for any reason, WebBees may discontinue further service provision without providing reasons. Any defects, i.e., deviations from the contractually agreed service description, must be documented and reported in writing by the contractual partner. After the defect has been remedied, a new acceptance must be conducted.

5. Prices

The prices quoted by WebBees are net prices in euros and therefore exclude any statutory value-added tax and shipping costs. Any costs for travel to and from the location, as well as daily allowances and accommodation fees, will be invoiced separately according to the applicable rates. Travel time is considered working time. If WebBees performs the contract in multiple partial units or work steps, WebBees is entitled to issue invoices after the delivery of each individual partial unit. If no specific prices for services have been agreed upon, WebBees' general billing rates will apply, and the contractual partner will be invoiced on an hourly basis. The contractual partner explicitly acknowledges and fully accepts these billing rates, which are included in their offer and at the end of this GTC as an annex.

In the case of ongoing contractual relationships, WebBees is entitled, after the conclusion of the contract, to pass on increases in labor and material costs or other costs and charges to the contractual partner by adjusting the agreed service fee, provided such an increase exceeds 5%. This increase will be calculated based on the Consumer Price Index. The index used for the calculation of value retention is the Consumer Price Index published monthly by Statistics Austria or a similar index that may replace it. For ongoing contractual relationships, the index figure for the month of contract conclusion is used as the reference value. Fluctuations in the index of up to and including 2% (either up or down) will not be taken into account. This margin will be recalculated whenever it is exceeded, and the first index figure outside the applicable margin will form the basis for both the new demand amount and the calculation of the new margin.

The contractual partner will ensure through appropriate account coverage that they can meet their contractual payment obligations in terms of both amount and timing. Any costs associated with the payment processing will be borne by the contractual partner.

Adherence to the agreed payment terms is a fundamental condition for contract fulfillment by WebBees. Failure to adhere to the agreed payments entitles WebBees to suspend the ongoing provision of services and withdraw from the contract. All associated costs, including any potential loss of profit, will be borne by the contractual partner. In the case of delayed payment, default interest will be charged at the prevailing bank rate, but at least 15% per annum. All costs incurred by WebBees due to non-compliance with the agreed payment terms must be fully reimbursed by the contractual partner.

Payments are due immediately upon receipt of the invoice, without deductions. One-time costs are due immediately after the contract conclusion or delivery, ongoing fixed costs are due monthly in advance, and ongoing variable costs are due monthly in arrears, unless otherwise agreed in the contract. The contractual partner is not entitled to withhold payments due to incomplete performance, warranty or guarantee claims, or complaints.

The contractual partner is not entitled to offset any claims against WebBees or withhold payments unless these claims have been expressly acknowledged by WebBees. Section 1052 of the Austrian Civil Code (ABGB) is thus expressly excluded.

If WebBees places invoices in the client area of the contractual partner as agreed or after written notification via email, they will be deemed received once they are made available. A claim will be deemed expressly acknowledged if the contractual partner does not object in writing to an invoice within two weeks of delivery. Delivered goods and services remain the unrestricted property of WebBees until full payment has been made.

6. Data

All materials provided by the contractual partner, such as graphics, texts, data carriers, data, control numbers, programs, and other information required for contract fulfillment, must be in a format and condition suitable for processing by WebBees. WebBees is not obligated to verify the accuracy or authenticity of the provided materials. If additional work is required by WebBees due to defective materials or other reasons for which the contractual partner is responsible, the contractual partner agrees to fully reimburse WebBees for these costs upon receipt of an invoice.

Unless otherwise agreed contractually, the following data formats are to be used by the contractual partner:

.png, .tiff, .jpg for graphics
.eps for logos and other scalable graphics
.txt, .pdf, .doc for texts
.avi, .mpg, .mp4, .mov for videos
.mp3, .aiff, .wav for audio and music

The contractual partner agrees to immediately change access credentials and passwords upon completion of the project and transfer of the product, and to regularly update them according to common security standards. A violation of this provision releases WebBees from any liability for the services and products it has provided.

7. Adherence to Deadlines

WebBees strives to adhere to the agreed-upon service deadlines as accurately as possible. However, this is only possible if the contractual partner fully and timely submits all necessary work and documents and fulfills their obligations to cooperate in full. Delivery delays and any resulting cost increases that arise from incorrect, incomplete, or subsequently modified information or documents provided are not the responsibility of WebBees and do not constitute a delay by WebBees. Any additional costs incurred as a result are entirely the responsibility of the contractual partner.

Delays in service caused by force majeure or events that make it significantly more difficult or impossible for WebBees to perform the service — such as, but not limited to, strikes, lockouts, government orders, failure of communication networks, technical issues with facilities of other providers, disruptions in the communication service provider’s network, etc. — even if they occur with WebBees' suppliers, subcontractors, or their suppliers and subcontractors, are not the responsibility of WebBees. Such events entitle WebBees to postpone the delivery or service for the duration of the delay, plus a reasonable startup time. This also applies in the case of bindingly agreed-upon service deadlines.

In the case of service disruptions caused by the failure of services outside the control of WebBees, no reimbursement of already paid fees will be made. If divisible services have been agreed upon, WebBees is entitled to make partial deliveries and issue partial invoices in such a case.

8. Contract Duration

Unless otherwise agreed in the contract, contracts for ongoing obligations are concluded for an indefinite period. If the contract specifies a duration of at least 12 months, the contractual relationship will automatically renew for the original contract period unless terminated in writing with a three-month notice period.

In the event of termination of the contractual relationship, for whatever reason, WebBees is no longer obligated to continue providing the agreed-upon service and may, at its discretion, permanently delete any stored or readily available data of the contractual partner. It is solely the responsibility of the contractual partner to ensure the storage of this data upon termination of the contractual relationship. The contractual partner therefore cannot claim any rights against WebBees resulting from the deletion of data.

Unless otherwise agreed contractually, WebBees is not obliged to provide the contractual partner with the necessary software to use the data, meaning that even with timely data storage, the contractual partner cannot be guaranteed the ability to further process or fully utilize the data.

9. Extraordinary Termination of Contract

WebBees is entitled to immediately terminate the contract, thereby interrupting or discontinuing the service, if there are reasons caused by the contractual partner or a person attributable to them that would make it unreasonable for WebBees to continue the contract. The following cases are examples, but not exhaustive:

The contractual partner breaches these terms and conditions or any other essential provision of the contract;
The contractual partner made incorrect statements at the time of contract conclusion;
The contractual partner has disproportionate data transfer compared to other WebBees customers or uses the services excessively;
The contractual partner is in arrears with a due payment despite being reminded in writing or electronically, with a 14-day grace period, even partially;
Insolvency proceedings have been initiated or approved against the contractual partner, or the initiation of such proceedings has been rejected due to insufficient assets to cover the costs;
The execution of the delivery or the start or continuation of the service becomes impossible or is further delayed despite setting a reasonable grace period, due to reasons the contractual partner is responsible for;
The contractual partner has disproportionate data transfer compared to the storage space or flat-rate network accesses they use.

It is at the sole discretion of WebBees to decide, in the cases listed above, whether to fully terminate the contract or merely to temporarily interrupt or suspend its services.

In the case of a simple service interruption, the service may be resumed by WebBees once the reason for the interruption has been resolved and the contractual partner has covered the costs for the resumption of the service. If the suspension was caused by the contractual partner, this does not exempt them from paying the charges.

10. Copyright

The contractual partner agrees to use the services provided by WebBees only for the specific contractual purpose agreed upon. All copyrights to the services of WebBees (software, documentation, etc.) belong exclusively to WebBees or its licensors. WebBees grants the contractual partner the right to use the subject matter of the contract only for their own purposes, after payment of the agreed fee, and exclusively for the hardware specified in the contract and to the extent of the licenses acquired. Through the contract with WebBees, the contractual partner only acquires a right of use for the work. Any distribution by the contractual partner is excluded. Even if the contractual partner participates in the creation of the service, no rights beyond the agreed-upon use in the contract are acquired. Copyright-protected services may not be altered, either in the original or in reproduction, without the approval of WebBees. Imitations of any kind are not permitted. In case of violations of these provisions, WebBees is entitled to immediately and without prior notice take the service or product offline.

For copyright-protected services of WebBees, where the scope of use was not determined at the time of contract conclusion or where they are intended for commercial trade and unrestricted use, the fee consists of two parts: one part as compensation for the original work and another as compensation for the unrestricted transfer of usage rights. If the fee for the unrestricted transfer of all usage rights was not explicitly defined at the time of contract conclusion, the agreed-upon fee will, in doubt, only represent the compensation for the creation of the services as specified in the contract.

11. Labeling – Reference

WebBees is entitled to display a copyright notice and its logo, including the associated corporate design, on each of its created and/or executed services in an appropriate size. This also applies to services created by a graphic partner of WebBees.

Furthermore, WebBees is entitled to use the subject matter of the contract, whether in its original form or modified, for promotional purposes and/or as a reference in WebBees’ printed materials and other marketing materials, and/or on WebBees' website. WebBees may also publicly display the subject matter and place a link from the contractual partner's website to the WebBees site for promotional purposes. The contractual partner authorizes WebBees to make copies of the website data for these purposes. This agreement remains valid beyond the contract's term, both locally and temporally, without restriction.

All rights to ideas, designs, programs, program parts, source codes, and concepts introduced or realized by WebBees, whether fully executed or not, remain exclusively with WebBees. These constitute entrusted business and trade secrets under the law against unfair competition (UWG).

The contractual partner is responsible for ensuring that the contents provided to WebBees are free of any copyright and competition law violations and agrees to indemnify and hold WebBees harmless from any claims by third parties resulting from the violation of intellectual property rights.

12. Domain and Hosting

If the desired domain is available, WebBees will, upon separate agreement, also handle the mediation and reservation of this domain on behalf of the contractual partner and at their expense. Domains with the extensions .at, .co.at, and .or.at are set up with the registration authority nic.at, while other domain extensions are set up with the relevant registration authority. During the term of the contract, WebBees will act as the invoicing entity for the contractual partner concerning the managed domains, unless otherwise agreed. However, the contractual relationship for the establishment and management of the domain is directly concluded between the contractual partner and the registration authority. The registration fee paid to the registration authority is included in the amounts charged by WebBees to the contractual partner, unless otherwise agreed.

The contractual partner acknowledges that their agreement with the registration authority does not automatically terminate when the contract with WebBees is dissolved. The contractual partner is required to independently cancel the agreement with the registration authority in accordance with the terms of that contract and its general terms and conditions. The contractual partner will independently inform themselves about the general terms and conditions of the relevant registration authority. WebBees assumes no liability for any specific content of the registration authority’s general terms and conditions.

The contractual partner confirms that they have verified the legality of the domain they have agreed upon, particularly from a trademark perspective, that they comply with the applicable legal provisions, and that they do not infringe upon any rights of others, including trademarks or other rights. The contractual partner agrees to indemnify and hold WebBees harmless in this regard.

13. Special Obligations of the Contractual Partner

The contractual partner is particularly made aware of the provisions of the Pornography Act, the Prohibition Act, and the relevant criminal law provisions, under which the distribution, dissemination, and display of certain content are subject to legal restrictions or prohibited. The contractual partner undertakes to comply with these and all other relevant legal regulations and assumes sole responsibility for ensuring compliance with all applicable legal requirements. The contractual partner agrees to indemnify and hold WebBees harmless in the event that WebBees is held legally accountable, either civilly or criminally, for content provided by the contractual partner, including in court or out-of-court claims, especially in cases of private actions for defamation, insult, or damage to reputation, actions under media law, copyright law, the Unfair Competition Act, or for civil defamation and/or reputation damage. If WebBees is sued by a third party, it is solely WebBees' decision how to respond, without the contractual partner being able to claim insufficient legal defense.

Additionally, the contractual partner commits to complying with child protection regulations. The contractual partner also acknowledges the provisions of the Telecommunications Act, the GDPR, and other data protection laws, as well as the obligations they impose on owners of end devices. The contractual partner agrees to comply with the Telecommunications Act and relevant telecommunications and data protection regulations, as well as all other applicable legal provisions.

The contractual partner agrees to comply with the provisions of the Telecommunications Act and the relevant telecommunications regulations, particularly refraining from using telecommunications equipment for services that require notification, licensed services, or uses subject to other legal regulations, without prior notification.

The contractual partner further commits to not using the contractual services in any manner that would impair the rights of third parties or pose a security or operational risk to WebBees or others. This includes, but is not limited to, unsolicited advertising, spamming (aggressive direct email marketing), or any use of the service to transmit threats, obscenities, harassment, or harm to other internet users. It also includes situations where the contractual partner generates disproportionately high data traffic relative to the storage space used, or allows multiple uses of single-user dial-up accounts (PPP and PPTP connections) that generate excessive data traffic. Additionally, the contractual partner agrees to immediately and fully inform WebBees of any legal or extrajudicial claims related to the use of the services, otherwise, they may be liable for damages.

The contractual partner acknowledges that WebBees does not have an unrestricted obligation to transfer data. There is no such obligation if WebBees would otherwise risk legal action. If WebBees becomes aware of spamming by a contractual partner using another provider's services, WebBees may be entitled and obligated to temporarily suspend data transfer to that contractual partner to protect its own users. In such cases, no claims for compensation will be accepted by the affected contractual partners against WebBees.

14. Warranty

A defect exists when the performance provided by WebBees deviates from the agreed-upon service description, and this deviation is reproducible by WebBees. To thoroughly investigate alleged defects, the contractual partner is obligated to make their computer system (and, in the case of systems connected online with other computers, the corresponding connection), software programs, protocols, diagnostic documents, and data available to WebBees for testing purposes during regular working hours, free of charge, and to support WebBees in the process.

Defects that are attributable to WebBees must be rectified within a reasonable period through a software update or appropriate workaround solutions. The warranty period is 3 months from the acceptance of the service. Defect notifications must be made promptly, and at the latest within 3 working days. They are considered timely if they relate to reproducible defects and are sent via email to the address provided by WebBees on its website in the imprint and are confirmed by WebBees.

Remediable defects will, at WebBees' discretion, be rectified either by correction or replacement delivery. In all cases, improvement takes precedence over price reduction or contract termination. In the case of a justified defect complaint, WebBees will remedy the defect within a reasonable period, provided that the contractual partner enables all necessary measures for investigation and defect remediation.

In the event of unjustified defect complaints—i.e., if no warranty case exists or the returned product is defective or incomplete—WebBees will charge the contractual partner for the costs incurred based on its current billing rates.

Furthermore, WebBees provides no warranty for errors, malfunctions, or damage resulting from improper use, the functionality of data connections to the servers, power outages, server failures outside of WebBees' control, modified operating system components, interfaces and parameters, the use of unsuitable organizational tools and data carriers (where these are required), abnormal operating conditions (especially deviations from installation and storage conditions), transport damages, viruses, worms, etc.

For services that are subsequently modified by the contractual partner or third parties, WebBees assumes no warranty. In cases where the order involves the modification or addition to existing services, the warranty only applies to these modifications or additions. The warranty for the original service is not reinstated as a result.

If the contractual partner acts as an agency and WebBees is indirectly providing services to a third party (the contractual partner’s client), WebBees has no contractual relationship with this third party unless expressly agreed otherwise.

15. Limitation of Liability

WebBees assumes no liability for damages caused by a failure to obtain necessary telecommunications regulatory approvals, other official permits, or required private legal consent or approvals from third parties. WebBees is not liable for the content, accuracy, or completeness of transmitted or queried data, or for data accessible through WebBees. In particular, WebBees is not obligated to check the content for possible violations of applicable laws or other regulations.

If third parties hold WebBees liable for potential legal violations arising from the contractual partner's content, the contractual partner agrees to indemnify and hold WebBees harmless, and to compensate WebBees for any costs incurred due to the potential legal violation.

WebBees operates its services with the utmost care, reliability, and availability. However, WebBees does not guarantee that these services will be accessible without interruption, that desired connections can always be established or provided, or that stored data will be preserved under all circumstances. The contractual partner is liable for payment obligations arising from the use of services by third parties.

WebBees is only liable for gross negligence or intentional misconduct. Furthermore, WebBees accepts no liability for damages resulting from modifications made to WebBees' software by the contractual partner without express written approval from WebBees.

16. Data Storage and Processing

WebBees stores personal master data of the contractual partner and processes this data with automated assistance. Upon termination of the contractual relationship, this data will be deleted, unless legal provisions require further storage.

The contractual partner allows WebBees to include their name or company in a reference list. WebBees will store personal mediation data necessary for establishing connections and billing fees, including source and destination IPs and all other log files in accordance with Section 93 of the Telecommunications Act (TKG), due to its legal obligations under Section 87 (3) and Section 93 (2) TKG, for the purpose of resolving open billing issues, and can maintain an access statistics within the legal framework. Content data regarding the transferred messages will be stored only for a short time and only to the minimum extent required for technical reasons. Personal data will not be accessed. The mere fact that a message exchange has occurred is subject to confidentiality. However, routing and domain information must be shared.

The contractual partner acknowledges that WebBees is neither obligated nor authorized to store or keep specific content data for an unlimited period of time or make it available on request. If the contractual partner does not retrieve such data within 5 business days, WebBees cannot assume liability for its future availability. The contractual partner is therefore always responsible for regularly retrieving their data.

The contractual partner acknowledges that WebBees may be required to participate in telecommunications surveillance as per the provisions of the Code of Criminal Procedure (StPO) under Section 89 of the Telecommunications Act (TKG). Additionally, the contractual partner acknowledges that WebBees may be obligated under Section 100 TKG to establish a wiretap or to lift caller ID suppression. Actions taken by WebBees in compliance with these obligations will not give rise to any claims from the contractual partner.

17. Jurisdiction and Choice of Law

The exclusive place of jurisdiction for any legal disputes arising between WebBees and the contractual partner in connection with the contractual relationship is the court with subject-matter jurisdiction for the location of WebBees. Notwithstanding this, WebBees is entitled to file claims against the contractual partner at their general place of jurisdiction.

The contract and all reciprocal rights and obligations, as well as claims between WebBees and the contractual partner, are subject to Austrian substantive law, excluding its conflict of laws provisions and excluding the UN Sales Convention (CISG).

18. Final Provisions

Amendments to these terms and conditions, as well as to the contract and any agreements with the contractual partner, must be in writing. WebBees does not enter into oral agreements. Oral promises or side agreements do not exist. Silence or other actions by WebBees shall not carry any declaratory content and cannot be interpreted as implied expressions of intent.

Should any provisions of these terms and conditions be invalid or ineffective, this will not affect the validity of the remaining provisions. In such a case, WebBees and the contractual partner will replace the invalid or ineffective provision with a valid provision that is as economically and practically close as possible.

Messages to the contractual partner are considered delivered if they are sent to the last known address of the contractual partner or made accessible in the partner's online area. The burden of proof for delivery lies with the contractual partner. Any changes to WebBees' terms and conditions are considered accepted by the contractual partner if they have been sent to the contractual partner in writing via email, and the contractual partner does not object in writing via email within 15 business days.

Billing Rates

EUR 90,-

The stated prices are net prices plus 20% VAT and are quoted per hour.