Clemens Benedikt Mandl, SiteFlip, Mittlerer Bahnweg 13, 8523 Frauental an der Laßnitz, Austria
Last updated: August 2026 (version 2026-08-06)
Download as PDF (German original)
This is a courtesy translation. The German version is the legally binding text of these Terms.
These Terms apply to all services provided by SiteFlip ("Contractor") to businesses within the meaning of the Austrian Commercial Code (UGB) ("Client"). Services are not provided to consumers. These Terms apply exclusively; conflicting or deviating conditions of the Client do not become part of the contract, even if not expressly objected to. By concluding the contract, the Client confirms that it is doing so in the course of its commercial or professional activity.
Offers made by the Contractor are non-binding unless a binding period is stated. The free website preview is non-binding, remains accessible for 14 days and does not create a payment obligation. It is created from publicly available information or information provided by the recipient, is excluded from search engines, and is taken offline and deleted without delay at the recipient's request. No rights are transferred with the preview; it does not establish any claim to further use of the design shown. The contract is formed upon the Client's signature of the offer. A subsequent order confirmation merely reflects the contract content and is not required for the contract to come into effect. The scope of services results conclusively from the service definition of the chosen package.
The service definition in the version valid at the time of contract conclusion is authoritative. Services not expressly named — in particular ongoing SEO support, advertising campaigns, legal review, and custom development — are not owed. Changes or extensions to the scope of services require a separate order and are billed based on time and material or by agreement. An accessible design within the meaning of the Austrian Accessibility Act (BaFG), the Federal Disability Equality Act, and the Web Accessibility Act is not included in the scope of services unless separately commissioned; it is the Client's responsibility to determine whether it falls within their scope of application. Where the Contractor, at the Client's request, arranges third-party services — such as domain registration — such contracts are formed exclusively between the Client and the third party on the third party's terms; the Contractor is liable only for services it provides itself. The Contractor is not obliged to accept any inquiry; declining an order requires no justification and gives rise to no claims.
The Client provides all content, documents and access required for service delivery in a timely manner and generally provides feedback and approvals within 7 days. Delays attributable to the Client extend agreed deadlines accordingly. If, despite a written request and a 30-day grace period, the Client fails to meet its duties to cooperate, the Contractor is entitled to treat the current state of work as complete and issue the final invoice, or to withdraw from the contract; services already rendered are to be remunerated in this case. The Client warrants that it holds all necessary rights to all content provided (texts, images, logos, trademarks) and indemnifies the Contractor against third-party claims arising from a breach of this warranty. The Contractor is entitled to reject delivered content that is manifestly unlawful, violates public morals, or endangers its reputation; there is no obligation to independently review the legality of content.
The Client treats access data and passwords entrusted to it confidentially and additionally keeps its own copies of content and data it provides, so that they can be reconstructed at any time in case of loss.
Legal texts provided by the Contractor (imprint, privacy policy and cookie building blocks) are standardised templates and do not constitute legal advice. Drafting or adapting the Client's own general terms and conditions is not part of the services; any existing terms of the Client are integrated at the Client's own responsibility. Reviewing, adapting and approving the content is the Client's responsibility; review by a lawyer is recommended.
All prices are net amounts plus statutory VAT, which is stated separately on invoices. Should the statutory tax rate change, the rate applicable at the time the service is rendered applies. A deposit of 20% of the creation price is due upon commissioning; it is not refunded if the project is abandoned by the Client. The remaining 80% is invoiced after final approval; go-live or handover take place after payment is received. Support fees are due either monthly in advance or as an annual prepayment, depending on the option chosen; prepayments made are not refunded pro rata upon early termination of the contract, unless the termination is attributable to the Contractor. Additional work is only carried out following prior written approval and is billed in increments of 15 minutes. Payment term: 14 days from the invoice date, by bank transfer. In the event of late payment, the statutory default interest between businesses applies (9.2 percentage points above the base rate, § 456 UGB), plus a flat fee of € 40 for collection costs (§ 458 UGB). The Client is not entitled to withhold payments due to warranty claims or complaints. Set-off is only permitted against a counterclaim acknowledged by the Contractor or established by a court.
The website is deemed accepted once the Client gives final approval, or if the Client does not raise specific defects in writing within 7 days of the completion notice (the Contractor's notification that the website is ready for final approval). Going live or handover at the Client's request is in any case deemed acceptance.
During the term of the support contract, the website is hosted and operated by the Contractor; the Client may use and promote it without restriction for its business during this period. Passing it on to third parties, having it edited by third parties, or using it for other projects is not permitted during the term. Upon termination of the contract and full payment of all outstanding amounts, the Client receives, together with the export, the non-exclusive, temporally and geographically unrestricted, transferable right to use the created website for its own purposes — including transfer in the course of business sales or restructurings. For the one-time build without ongoing support, this right arises upon full payment and handover. Reusable components, templates and code libraries remain with the Contractor and may continue to be used by it; the Client may not separately resell, license or market them commercially as its own web design service. Open-source components used are subject to their respective licence terms, which does not restrict typical use of the website (operation, adaptation, migration). Images originate either from the Client or from licensed image libraries; in the latter case, the licence acquired by the Contractor is limited to use within the scope of this contract. Upon termination of the contract, the Contractor discloses the third-party licences used for images and fonts; their continued use requires the Client to acquire its own licence.
Content that was predominantly generated in an automated manner is not protected by copyright due to the absence of human creation; no exclusive right can be granted in it. The Contractor is entitled to cite the project as a reference; a discreet mention in the website footer may be omitted at the Client's request.
For support contracts, the option chosen in the offer applies: € 120/month net with a 6-month minimum term, thereafter cancellable by either party at the end of any month (1 month notice; first instalment pro rata in the go-live month) — or an annual prepayment of € 1,296 net for 12 months, due at the latest on the day of go-live; the 6-month minimum term from go-live also applies here, prepayments made are not refunded pro rata upon early termination, and after the paid twelve months have elapsed the contract automatically switches to monthly payment unless a further prepayment is made. Termination requires written form (e-mail is sufficient).
The Contractor is entitled to adjust the monthly support fee at the earliest after the minimum term has elapsed, and thereafter no more than once every twelve months. The relevant benchmark is the change in the consumer price index published by Statistics Austria (VPI 2020 or any index replacing it) since the last adjustment; increases beyond that require the Client's consent. The adjustment is announced in writing at least two months in advance. If the increase exceeds 5% compared to the most recently valid fee, the Client has a special right of termination effective as of the date the increase takes effect, which may be exercised within 14 days of the announcement.
The Contractor aims for 99% availability on a yearly average; this is an availability target, not a guaranteed SLA, and shortfalls do not give rise to a claim for damages. Announced maintenance windows (at least 48 hours in advance, where possible outside business hours), third-party outages, force majeure, third-party attacks, and interventions by the Client or third parties commissioned by the Client are not counted against availability. A backup is created after every content change made by SiteFlip.
If the Client falls into arrears with support fees, the Contractor will issue a written reminder with a grace period. If the outstanding amount remains unpaid three months after the due date, the Contractor is entitled, after separate notice of at least fourteen days, to replace the website with a static notice page that continues to display the Client's imprint and contact details. The support fee does not apply for the duration of this restriction; fees already outstanding remain due. Once all outstanding amounts are paid, the website is restored in full without delay; if the arrears persist for more than six months, the Contractor is entitled to terminate the contract for good cause.
The domain is registered with the Client as the domain holder; the Contractor is entered only as the technical contact. The costs of domain registration and renewal are included in the support fee for the duration of the support contract (one domain). Once the support contract ends, the Client takes over the domain, including its ongoing costs, itself; the Contractor is not obliged to renew the domain after the contract ends. The Contractor notifies the Client of the upcoming handover at least 30 days before the next renewal date. Upon termination of the contract, the Client receives, free of charge and within 14 days, a complete export of the website content as well as the domain's auth code; migration support is only provided by separate agreement, billed based on time and effort. Continued operation on the Contractor's infrastructure is not possible.
The notification obligation under § 377 UGB applies. The warranty period for functional defects in the created website is 6 months from acceptance; subjective design preferences and subsequent change requests are not defects. Warranty claims lapse one month after the end of the warranty period. The objection against the payment claim within the meaning of § 933 para. 3 ABGB and the presumption of defectiveness under § 924 ABGB are excluded. Rectification takes precedence over price reduction and contract termination. Where the Client itself, or a third party on the Client's behalf, makes changes to the website, the warranty is void to the extent affected.
The Contractor is liable only for intent and gross negligence; liability for slight negligence is excluded, except for personal injury. Liability is capped at the value of the order, or for support contracts at the sum of 12 monthly fees (whichever is higher); liability for lost profits, indirect damages and consequential damages is excluded. Notwithstanding this, liability for data loss is not excluded to the extent that data backup has been expressly agreed as a service; in this case it is limited to restoring the data and, in amount, to 10% of the order value per claim, up to a maximum of € 15,000. Claims for damages lapse in accordance with statutory provisions, but at the latest one year from knowledge of the damage and the party liable.
No liability is assumed for the legal permissibility of content provided or approved by the Client. Content created with AI assistance is subject to the same standard of care as other services.
Both parties treat all trade and business secrets of the other party that come to their knowledge in connection with this contract as confidential and do not disclose them to third parties. Excluded is information that is generally known, was already known to the recipient without a duty of confidentiality, was disclosed to it by a third party without a duty of confidentiality, or must be disclosed pursuant to an administrative or judicial decision. Subcontractors engaged by the Contractor are not considered third parties to the extent they are subject to an equivalent duty of confidentiality. Confidentiality obligations under data protection law remain unaffected and apply without time limit.
Information on the processing of personal data is provided in the Privacy Policy at siteflip.at. For support contracts, the data processing agreement pursuant to Art. 28 GDPR, including annexes, forms part of the contract. In all data-protection matters — in particular the right to issue instructions, sub-processors, erasure, return and liability under Art. 82 GDPR — the provisions of the data processing agreement take precedence over these Terms. The liability limitations in § 10 do not apply to claims by data subjects under Art. 82 GDPR.
If the Contractor is temporarily prevented from providing services due to circumstances beyond its control — in particular illness, accident or force majeure — agreed deadlines are extended accordingly; the Client is informed without delay. If the impediment lasts longer than eight weeks, either party is entitled to withdraw from the contract with respect to services not yet rendered; services already rendered are to be remunerated, and payments received for services not rendered are refunded.
The Contractor is entitled to transfer this contractual relationship, including rights and obligations, to an affiliated company or a legal successor, in particular in the course of a reorganisation or a change of legal form (e.g. incorporation into a GmbH); the Client is informed of this in writing. Where the transfer occurs as a mere change of the Contractor's legal form with continuing economic identity (e.g. incorporation of the sole proprietorship into a GmbH of the same owner), no right of termination exists. In all other cases, the Client may terminate the contract for good cause within 30 days of being notified. A transfer of the Client's rights and obligations under this contract requires the Contractor's consent.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the competent court at the Contractor's registered seat. Amendments and additions require written form; this also applies to waiving this written-form requirement. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by a valid one that comes closest to its economic purpose.
For disputes arising from this contract that cannot be resolved amicably, the parties will engage registered mediators under the Austrian Mediation Act (ZivMediatG) with a focus on commercial mediation before initiating legal proceedings. If no agreement can be reached on the choice of mediator or on substance, legal proceedings will be initiated at the earliest one month after the negotiations have failed. Necessary expenses incurred in doing so may be claimed as pre-litigation costs in any later proceedings.
If you have any questions about these Terms, please contact: office@siteflip.at