General Terms and Conditions (GTC)

WelleWest Webdesign GmbH
Version: June 2026

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all contracts between WelleWest Webdesign GmbH (hereinafter referred to as „WelleWest") and its customers.

1.2 Any terms and conditions of the customer that differ from these GTC shall only apply if expressly accepted in writing by WelleWest.

1.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.

2. Subject Matter of the Contract

2.1 WelleWest provides, in particular, the following services:

  • Website design
  • Website development
  • Website relaunches
  • Technical support
  • Ongoing website maintenance
  • Content updates
  • Search engine optimization (SEO)
  • Website performance optimization
  • Consulting
  • Other digital services

2.2 The specific scope of services is defined in the quotation, order confirmation or maintenance agreement.

3. Conclusion of Contract

A contract is concluded upon written acceptance of an offer, electronic confirmation or the customer's commissioning of the agreed services.

4. Performance of Services

4.1 WelleWest shall provide its services with due professional care and in accordance with the current state of technology.

4.2 Delivery dates and deadlines are considered target dates unless expressly agreed as binding.

4.3 Any delay caused by the customer's failure to cooperate shall extend agreed deadlines accordingly.

5. Customer Obligations

The customer shall, in particular:

  • provide all required information in a timely manner
  • supply texts, images and logos on time
  • provide approvals without undue delay
  • ensure that all supplied content complies with applicable law

The customer is solely responsible for the legality of all provided content.

6. Changes and Additional Services

6.1 Requests for changes may be submitted by email or telephone.

6.2 Changes exceeding the agreed scope of services shall be charged separately.

6.3 WelleWest will inform the customer before carrying out any chargeable additional services.

7. Website Maintenance

7.1 If a maintenance agreement has been concluded, WelleWest shall provide, where agreed:

  • technical maintenance
  • security updates
  • content updates within the agreed scope
  • error correction
  • ongoing system maintenance

7.2 Major design changes, new features, additional pages or integrations are not included unless expressly agreed.

7.3 Maintenance services are provided under a fair use policy. An unusually high volume of requested changes may result in additional charges.

8. AI Assisted Services

8.1 WelleWest may use modern artificial intelligence systems to support the provision of its services.

8.2 Artificial intelligence is used solely as an assisting technology.

8.3 WelleWest cannot guarantee that AI generated content will always be completely free from errors.

The customer is responsible for reviewing and approving all content before publication.

9. Acceptance

9.1 Upon completion, the customer shall have the opportunity to review the website.

9.2 If no written notice of significant defects is received within 14 days, or if the website is put into productive use, the website shall be deemed accepted.

9.3 Minor defects shall not justify refusal of acceptance.

10. Prices and Payment Terms

10.1 The prices stated in the quotation shall apply.

10.2 Invoices are payable within 14 days without deduction.

10.3 Monthly maintenance agreements are invoiced in advance.

10.4 In the event of late payment, statutory default interest shall apply.

11. Price Adjustments

For ongoing agreements, WelleWest may adjust prices once per calendar year if personnel, infrastructure, energy or other operating costs increase significantly.

Customers will be notified at least one month in advance.

12. Domains and Hosting

12.1 Domains are generally registered in the customer's name.

12.2 WelleWest shall not be liable for decisions, failures or outages of domain registrars, hosting providers or other third party service providers.

12.3 Unless otherwise agreed, recurring fees charged by third party providers shall be borne by the customer.

13. Intellectual Property

13.1 All concepts, designs, source code and creative work remain the property of WelleWest until full payment has been received.

13.2 Upon full payment, the customer receives the agreed rights of use.

13.3 The following remain the exclusive intellectual property of WelleWest:

  • internal processes
  • automation systems
  • AI agents
  • templates
  • frameworks
  • development methodologies
  • proprietary software

These are not transferred to the customer.

14. Portfolio Reference

Unless the customer expressly objects in writing, WelleWest may present completed projects, including the customer's company name and website, as references for marketing purposes.

15. Warranty

15.1 Statutory warranty provisions shall apply.

15.2 The customer shall notify WelleWest in writing of any apparent defects without undue delay.

15.3 No warranty shall apply to defects resulting from modifications made by the customer or third parties.

16. Liability

16.1 WelleWest shall only be liable for damages caused intentionally or through gross negligence, unless mandatory law provides otherwise.

16.2 To the extent permitted by law, WelleWest shall not be liable for loss of profit, indirect damages or consequential damages.

16.3 WelleWest shall not be liable for:

  • search engine rankings
  • business results or revenue
  • website traffic
  • outages of third party services
  • changes made by Google, Meta or other platforms
  • cyber attacks beyond WelleWest's reasonable control

17. Contract Term and Termination

17.1 Maintenance agreements have a minimum term of 12 months from the activation of the website, unless otherwise agreed.

17.2 After the minimum term, the agreement continues for an indefinite period.

17.3 Either party may terminate the agreement by giving one month's written notice effective at the end of a calendar month, at the earliest upon expiry of the minimum term.

17.4 The right to terminate for good cause remains unaffected.

18. Data Protection

The current Privacy Policy of WelleWest Webdesign GmbH shall apply.

19. Applicable Law and Jurisdiction

19.1 Austrian law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

19.2 The place of performance shall be Villach, Austria.

19.3 To the extent permitted by law, the competent court in Klagenfurt, Austria, shall have exclusive jurisdiction.

20. Final Provisions

Any amendments or supplements to these General Terms and Conditions must be made in writing.

Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.