General Terms and Conditions – As of May 2025

DEROBERHAMMER
we make brands tangible

Titus Oberhammer | Innrain 41 | 6020 Innsbruck | Austria
+43 676 847 966 100 | www.deroberhammer.com

1. Applicability

These General Terms and Conditions apply to all orders between Titus Oberhammer (DEROBERHAMMER) and its clients. By signing an order placed on the basis of a quotation that incorporates these Terms and Conditions, the client expressly acknowledges their validity for the duration of the business relationship. Any conflicting terms on the client's side only become effective if expressly accepted in writing by DEROBERHAMMER. Any deviations from or additions to these Terms must also be made in writing.

2. The Order

Orders may be placed either as single projects or under a framework agreement. The client guarantees that it holds valid rights to all data and materials provided to DEROBERHAMMER, and shall indemnify and hold harmless DEROBERHAMMER against any copyright claims arising from their use. The client expressly consents to the processing, transfer, or disclosure of any personal data provided, to the extent necessary to fulfill the order, including publication online if the order involves website creation, editing, or maintenance. If the client supplies personal data belonging to third parties (e.g., employees or customers), they confirm that those individuals have consented to this disclosure and processing. The client remains fully liable for any incorrect information and must hold DEROBERHAMMER harmless in all respects.

3. Copyright and Usage Rights

The provisions of the Austrian Copyright Act (UrhG) are agreed to apply to this contractual relationship. The client’s collaboration does not create co-authorship rights. DEROBERHAMMER reserves the right to place its name, trade name, or logo—discreetly but visibly—on every work. All rights in the completed work remain with DEROBERHAMMER. Regardless of any usage rights granted to the client (territory, duration, frequency), DEROBERHAMMER may use the deliverables free of charge and without restriction for self-promotion, competition entries, or reference purposes. If any elements are patentable, DEROBERHAMMER, not the client, is the entitled inventor. Digital files may not be reproduced, altered, or corrupted without DEROBERHAMMER’s consent, nor shared with third parties (except for production partners like printers). Production partners must return all files to the client or DEROBERHAMMER upon project completion. Any request for raw (source) files requires a separate agreement and fair compensation. All rights—including moral rights—persist for the statutory protection period and transfer to each party’s legal successors.

4. Laser Work, Engraving, Cutting, etc.

For any orders involving laser processing or similar, initial samples will be produced and must be approved by the client before full production. Sample creation and material testing incur separate fees. Clients acknowledge that laser processing may leave scorch marks, discoloration, or other material changes, which are not grounds for complaint and for which DEROBERHAMMER accepts no liability.

5. Services and Fees

All services are rendered for a fee. The scope of work is defined in the written order; any additional services are billed separately. Absent special agreement, the hourly rate is €110.00 (excl. VAT) for staff time and €200.00 (excl. VAT) per machine hour (laser). The client supplies all necessary information, samples, and technical prerequisites free of charge and in a timely manner. Delays caused by missing materials or decisions fall outside DEROBERHAMMER’s responsibility. DEROBERHAMMER is not obliged to perform partial deliveries or to halt work. Completion is deemed to occur when DEROBERHAMMER notifies the client that the deliverables are ready for handover, which also triggers payment.

6. Delivery Time and Place of Performance

DEROBERHAMMER will conscientiously meet agreed delivery dates, provided no force majeure or delays in outsourced services occur. Any agreement on a fixed date (“Fixgeschäft”) requires written form. Delays in providing materials or decisions by the client will equally postpone delivery dates.

7. Liability

DEROBERHAMMER undertakes to fulfill the order with due care. DEROBERHAMMER is not liable for slight negligence. For gross negligence, liability is limited to the amount of the fee (excluding incidental costs and VAT). Liability beyond this applies only to intentional misconduct. Defects must be reported in writing without delay, specifying a reasonable period for remedy. DEROBERHAMMER assumes no liability for legal compliance of designs (e.g., trademark or competition law), nor for the correctness of text or images approved by the client. Once a website is live on the client’s specified hosting server, responsibility for its content and backups shifts to the client. If maintenance is not performed by DEROBERHAMMER, no guarantee covers client-made changes or external interference (e.g., viruses, hacking). All claims—except for intent or gross negligence—are excluded.

8. Fees and Payment Terms

Agreed fees are due upon delivery of the work. Partial deliveries trigger payment of corresponding portions. In case of default, interest accrues at 15% p.a. from the due date. DEROBERHAMMER may suspend further services until outstanding amounts are paid.

9. Contract Duration, Termination

Orders for individual works conclude upon delivery. Framework agreements end on the contractually agreed date. DEROBERHAMMER may withdraw from the contract if the client seriously neglects its cooperation obligations or falls into payment default, following written warning and a 14-day grace period.

10. Place of Performance, Jurisdiction, and Applicable Law

Innsbruck courts have jurisdiction over all disputes. Austrian law exclusively governs the contractual relationship.

11. General Provisions

Should any provision of these Terms be invalid, the remaining provisions remain effective. The invalid clause is replaced by one that most closely matches its purpose.