General Terms and Conditions

Framework of cooperation

The following provisions form the common contractual framework for cooperation with BURN-IN. They apply to services in the areas of agency, gallery, art sales, web store as well as IT and digital services and provide clarity about processes, rights and responsibilities.

General Terms and Conditions of BURN-IN for agency services, gallery, art sales, web store as well as IT and digital services.

Table of Contents

1. General Provisions
2. Agency Services
3. Gallery & Art Sales
4. Webshop & Distance Selling
5. IT & Digital Services
6. Data Protection
7. Final Provisions

1. General

The basis of cooperation with BURN-IN.

1.1 Scope of application

These General Terms and Conditions apply to all contracts, services, deliveries and other business relationships between BURN-IN and its customers.

They apply in particular to services in the areas of agency, communication, positioning, storytelling, branding, strategic consulting, gallery, art sales, editions, commissioned work, web store and IT and digital services.

Deviating terms and conditions of customers shall only apply if they have been expressly recognized by BURN-IN in text form.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. These GTC shall only apply to consumers to the extent that they do not contradict mandatory statutory provisions.

1.2 Conclusion of contract

Offers from BURN-IN are subject to change and non-binding, unless they are expressly designated as binding.

A contract shall be concluded in particular through the acceptance of an offer, an order confirmation, an order in the web store or the start of the provision of services at the request of the customer.

The respective offer, the project description, the product page in the web store, a briefing, a specification sheet, a ticket description or any other service description shall be decisive for the scope of services.

1.3 Services and cooperation

BURN-IN shall provide services with the professional, creative and technical care customary in the respective field.

Customers shall provide all information, documents, content, access, approvals and declarations of rights required for the provision of services in good time.

Delays or additional expenses caused by incorrect, incomplete or late provision of information or lack of cooperation shall not be borne by BURN-IN. Agreed deadlines shall be postponed to a reasonable extent.

BURN-IN shall be entitled to engage suitable third parties to fulfill an order.

1.4 Prices and terms of payment

Unless otherwise stated, all prices shall be net prices plus the applicable statutory VAT.

The prices specified in the offer, order, web store or in the respective agreement shall apply. BURN-IN shall be entitled to demand reasonable payments on account, partial invoices or advance payments.

Unless otherwise agreed, invoices shall be due for payment without deduction within 7 days of the invoice date. In the event of late payment, BURN-IN shall be entitled to charge interest on arrears and the necessary reminder and collection costs to the extent permitted by law.

Until payment has been made in full, goods, works, files and other services provided shall remain the property of BURN-IN, insofar as this is legally permissible.

1.5 External services and third-party providers

External services, in particular printing, shipping, transport, framing, hosting, domains, software licenses, plugins, technical services, platform services or comparable third-party services, shall only form part of the contract if this has been expressly agreed.

Such services may be commissioned in the name of the customer or in the name of BURN-IN for the account of the customer.

BURN-IN shall only be liable for third-party services in the event of its own fault in the selection and only to the extent permitted by law.

1.6 Deadlines and force majeure

Delivery and performance deadlines shall only be binding if they have been expressly agreed as binding.

Events beyond BURN-IN's control, in particular force majeure, official measures, failures of third-party providers, technical disruptions, delivery bottlenecks, transport delays, labor disputes or comparable unforeseeable circumstances, shall extend deadlines and dates appropriately.

Claims for damages due to delays shall be excluded to the extent permitted by law, unless BURN-IN has acted with intent or gross negligence.

1.7 Approvals and corrections

Drafts, concepts, texts, layouts, visualizations, technical specifications, designs, test stands, prototypes or other interim statuses shall be reviewed and approved by the client in a timely manner. Approvals may be given in text form.

Once approval has been given, the services in question shall be deemed approved. Subsequent changes shall be considered additional services and shall be invoiced separately.

Unless otherwise agreed, the usual correction loops shall be included to a reasonable extent. Any additional work shall be remunerated separately.

1.8 Rights of use and intellectual property

All rights to concepts, drafts, texts, designs, photographs, imagery, strategies, digital solutions, software components, data structures, presentations, artistic works and other services of BURN-IN shall remain with BURN-IN or the respective authors.

Customers shall acquire the non-exclusive, non-transferable right of use to the extent expressly agreed and for the agreed purpose upon full payment.

Any use, processing, reproduction, disclosure, publication, post-production or commercial exploitation beyond this requires the prior consent of BURN-IN or the respective rights holder.

Non-selected or non-commissioned concepts, drafts, presentations, sketches, preparatory work and ideas may not be used without express consent.

1.9 Warranty

The statutory warranty provisions shall apply.

In the case of entrepreneurs, recognizable defects must be reported in writing immediately, but at the latest within 7 days of handover or receipt. Hidden defects must be reported in writing immediately after discovery.

BURN-IN shall initially be entitled to improve or replace defective services within a reasonable period of time.

Minor deviations that are customary in the industry or due to technical reasons, in particular with regard to colors, materials, formats, surfaces, print images, screen displays or special craftsmanship, shall not constitute a defect.

1.10 Liability

BURN-IN shall only be liable for damages in the event of intent and gross negligence.

In the event of slight negligence, BURN-IN shall be liable, to the extent permitted by law, only in the event of a breach of material contractual obligations and only for typically foreseeable damage.

Liability for loss of profit, indirect damage, consequential damage, pure financial loss, loss of data, loss of production or damage arising from third-party claims shall be excluded to the extent permitted by law.

Liability for personal injury shall remain unaffected.

BURN-IN shall not be liable for content, data, images, texts, brands, chains of rights, releases or other materials provided by Customers. Customers warrant that they are authorized to use such materials.

1.11 Confidentiality

Both contracting parties undertake to treat as confidential any non-public information, documents, calculations, access data, strategies and business secrets that become known to them in the course of the collaboration. This obligation shall remain in force even after the end of the collaboration.

2. Agency services

For strategy, communication and creative development.

2.1 Scope of services

Agency services provided by BURN-IN include, in particular, strategic consulting, positioning, storytelling, communication, campaigns, text, image, concept, curatorial mediation, brand development, photo shoots, presentations and project-related creative and content services.

2.2 Briefing and changes

The basis for these services is the client briefing.

Changes to the briefing, new requirements or additional coordination steps after the start of the project are considered additional services.

2.3 Presentations and concepts

Unbinding initial meetings serve to get to know each other.

In-depth concepts, presentations, workshops, preliminary studies, analyses or structured project developments are subject to a fee, unless otherwise agreed.

All concepts, ideas, texts, structures and designs created in the course of presentations or preliminary work shall remain the property of BURN-IN and may not be used without a commission.

2.4 Citing references

BURN-IN shall be entitled to name or depict completed projects as references to a reasonable extent, provided there are no overriding confidentiality interests to the contrary.

3. Gallery & Art Sales

For originals, editions and individual works.

3.1 Scope of Art

These provisions apply to originals, editions, prints, multiples, framing, curated art projects, art rental, commissioned art and comparable services in the gallery and sales sector.

3.2 Availability and prior sale

All artworks and editions are subject to availability.

The right to prior sale is reserved unless a work has been expressly reserved in writing.

3.3 Work specifications and presentation

Specifications regarding dimensions, materials, surfaces, framing, designs or editions are made to the best of our knowledge.

Minor deviations, in particular due to craftsmanship, material-related or digital representations, are possible and do not constitute a defect.

Images in the webshop or on the website are for illustrative purposes and may differ slightly from the original.

3.4 Shipping, handover and risk

Packaging, shipping, transport insurance, delivery, customs duties and comparable ancillary costs shall be charged separately, unless otherwise agreed.

In the case of business transactions, the risk shall pass to the customer upon handover to the transport company, insofar as legally permissible. The statutory provisions shall apply to consumers.

3.5 Copyright to the work of art

With the purchase of a work of art, only ownership of the physical work shall be transferred, but not any further copyright right of use.

The reproduction, publication, commercial use or other exploitation of images of the work shall require the prior consent of the respective rights holder.

3.6 Commissioned art and individual productions

In the case of individually commissioned works, the service shall be provided on the basis of a briefing, a coordination of content and, if applicable, design or approval stages.

BURN-IN or the respective artist shall be responsible for the design of the work. or the respective artist retains reasonable artistic freedom of design within the framework of the agreed concept.

Individually created or personalized works are generally excluded from exchange or return, subject to mandatory consumer rights.

4. Webshop & distance selling

For online orders and consumer information.

4.1 Ordering in the online shop

The presentation of products in the online store does not constitute a binding contractual offer, but an invitation to place an order.

Customers can check products before completing the order and correct input errors before submitting it.

Receipt of the order is confirmed electronically. This confirmation does not constitute acceptance of the contract unless expressly stated otherwise.

4.2 Payment methods and delivery

The payment methods shown in the online store apply.

Delivery times are non-binding unless expressly stated as binding.

4.3 Right of withdrawal for consumers

For consumers, the statutory rights of withdrawal apply to distance selling transactions.

Further information on the right of withdrawal and the withdrawal form can be found on BURN-IN's separate page on the right of withdrawal.

Legal exceptions to the right of withdrawal, in particular for individually manufactured or clearly personalized goods and in certain cases of digital content or services, remain reserved.

5. IT & digital services

For web, systems, support and digital implementation.

5.1 Scope of IT

These provisions apply to IT and digital services, in particular web development, website and store implementations, technical consulting, digital design, CMS work, maintenance, support, integrations, interfaces, hosting-related services and comparable technical services.

5.2 Types of services

IT services can be provided as work services, services, maintenance services or support services. The respective agreement shall be decisive.

In so far as no specific success is owed, BURN-IN shall owe professional action, but not a specific overall economic or technical success.

5.3 Service description and cooperation

The basis of the service shall be, in particular, the offer, specifications, user stories, ticket description, coordination protocols or other service descriptions.

Customers must provide content, access, test data, contact persons, approvals and necessary decisions in good time.

If the required cooperation is not provided, the agreed deadlines shall be extended accordingly. Any additional expenses incurred shall be remunerated separately.

5.4 Change requests

Changes to the agreed scope of services after the start of the project, after approvals or during implementation shall constitute change requests.

Such changes may lead to additional costs, postponements or adjustments to the scope of services.

5.5 Acceptance

Work services shall be inspected and accepted by the Client within a reasonable period of time after provision or handover.

Acceptance shall also be deemed to have taken place if no significant defects are reported in writing within a reasonable period of time or if the service is used productively.

5.6 Third-party software and third-party systems

If services are based on third-party components, services or infrastructures, in particular hosting, domains, plugins, modules, APIs, SaaS services, open source components or third-party software, their terms and conditions shall also apply.

BURN-IN shall not be liable for changes, failures, security gaps, incompatibilities or changes in performance of such third-party services unless BURN-IN is responsible for them.

5.7 Maintenance, support and availability

Maintenance, updates, monitoring, backups, response times or support services shall only be owed if they have been expressly agreed.

Without a separate agreement, there is no obligation for ongoing system monitoring, regular updates, permanent availability or a specific response time.

An absolute freedom from errors, reliability or complete security of digital systems cannot be guaranteed.

5.8 Rights to code and digital solutions

Rights to digital solutions created individually for clients shall only be transferred after full payment and only to the agreed extent.

General methods, frameworks, templates, libraries, reusable components, know-how, concepts and non-customized preparatory work shall remain with BURN-IN.

Open source components and third-party software are subject to the applicable license terms.

5.9 Data security and liability in the IT sector

Customers are responsible for the ongoing backup of their data, content and systems, unless expressly agreed otherwise.

BURN-IN shall not be liable for data loss, security incidents, failures or incompatibilities, unless these are attributable to intentional or grossly negligent behavior on the part of BURN-IN.

6. data protection

Information on the handling of personal data.

Information on the processing of personal data can be found in BURN-IN's separate privacy policy. If additional data protection agreements are required for individual services, these shall be concluded separately.

7. Final provisions

The legal basis for conclusion.

7.1 Applicable law and place of jurisdiction

Austrian law shall apply, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

For disputes with entrepreneurs, the jurisdiction of the competent court at the registered office of BURN-IN is agreed. This provision shall only apply to consumers to the extent permitted by law.

7.2 Final provision

Should individual provisions of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.