1.1 These General Terms and Conditions (AGB) apply to all contracts between Kata Csuhaj / 404 agency (hereinafter referred to as “Designer”) and the client (hereinafter referred to as “Client”).
1.2 These terms apply unless otherwise agreed in writing. Deviating client terms shall not be recognized unless expressly agreed upon.
2.1 The Designer provides graphic design services, including but not limited to branding, UI/UX design, and illustration.
2.2 All offers are non-binding. A contract is formed only upon written confirmation by the Designer.
2.3 The Designer reserves the right to refuse projects that conflict with ethical or legal standards.
3.1 Prices are calculated based on an hourly rate or a fixed project fee, as agreed upon in writing.
3.2 A deposit of 15% may be required before work commences.
3.3 The final invoice is due within 14 days of receipt. Late payments may incur reminder fees and statutory interest as per Austrian law.
4.1 The agreed-upon fee includes one main revision and up to three minor tweaks. Additional revisions will be charged separately.
4.2 A revision is defined as a round of modifications requested by the Client that does not exceed 20% of the original design concept. A revision does not include a completely new design direction or fundamental changes after the initial concept has been approved.
4.3 Any client-requested changes after project completion will be billed accordingly.
4.4 If the scope of the project changes, the Designer reserves the right to adjust pricing.
5.1 The Designer retains copyright unless otherwise agreed in writing.
5.2 Upon full payment, the Client receives the agreed-upon usage rights.
5.3 Unpaid work may not be used, modified, or distributed by the Client.
5.4 The Designer retains the right to use work for portfolio and promotional purposes unless otherwise agreed.
6.1 Delivery times are estimated based on project scope.
6.2 Delays due to client inaction (e.g., missing feedback) extend the deadline accordingly.
6.3 The Designer is not liable for delays caused by unforeseen external factors.
7.1 If the Client cancels the project after confirmation, the Designer reserves the right to charge for work already completed.
7.2 If the Designer cancels the project for justifiable reasons, a prorated refund may be provided.
7.3 Both parties may terminate the agreement in writing if significant breaches occur.
8.1 The Designer is not liable for indirect damages, including lost profits.
8.2 The Client must review all deliverables for errors before use. The Designer is not liable for printing or production errors.
8.3 The Designer does not guarantee exclusivity unless explicitly agreed in writing.
9.1 The Designer will treat all Client-provided information as confidential.
9.2 The Designer complies with GDPR regulations and will not share personal data without consent.
9.3 The Client agrees to keep proprietary design processes confidential.
10.1 Austrian law applies to this agreement.
10.2 The place of jurisdiction is Bischofshofen, Austria.
10.3 If any clause of these AGB is deemed invalid, the remaining provisions shall remain unaffected.