Terms and conditions
Last reviewed: 9 August 2026
This English translation is provided for convenience only. The contract language is German and the German version of these General Terms and Conditions is the sole legally authoritative version.
1. Scope and contracting party
These General Terms and Conditions apply to all contracts for web-design services, consulting and the provision of digital goods such as WordPress themes concluded between Tom der Medienmacher (Thomas Zwicklhuber), Hauptstraße 43/3, 4542 Nußbach, Austria, and its customers.
2. Conclusion of contract
A contract is concluded when the customer accepts an offer in writing or by email. Offers from Tom der Medienmacher are non-binding unless expressly stated otherwise.
2a. Consumers: right of withdrawal under the FAGG
If a contract is concluded with a consumer within the meaning of Section 1(1)(2) KSchG at a distance or away from business premises, the consumer generally has a right to withdraw within 14 days after conclusion of the contract under Section 11 FAGG.
If performance is to begin before that period expires, the consumer’s express prior consent will be obtained in writing. If the consumer subsequently withdraws, a proportionate amount may be payable for services already supplied. For services, the right of withdrawal expires only after full performance where the consumer expressly requested early performance and acknowledged the loss of the right after full performance.
Digital content not supplied on a tangible medium is subject to the statutory requirements of Section 18(1)(11) FAGG. The required consent and acknowledgement are obtained separately before delivery.
3. Services and payment
The services and prices are set out in the agreed offer or in the fixed-price packages communicated on the website.
Tom der Medienmacher currently uses the Austrian small-business VAT exemption under Section 6(1)(27) UStG. Communicated prices are therefore final prices and VAT is not shown. If the VAT status changes in future, this will be shown transparently in new offers and invoices; existing contracts remain unaffected.
Unless an invoice states otherwise, payment is due within 14 days after the invoice date without deduction.
3a. Included services and expiry
Time-limited services included in the main packages (Start, Growth and Extended), particularly the three months of Basic Care, end automatically when the agreed period expires. There is no automatic renewal. Continued paid care in the Basic, Active or Growth tier requires a separate express written order. The customer will be informed in good time before the included period expires; if no order is placed, the service ends without replacement.
3b. CALIVO: setup, licence, updates and support
The offer shown on the CALIVO product page is exclusively directed at businesses using CALIVO for their self-employed professional activity. The product page is not a binding online offer and does not provide an immediate purchase mechanism. A contract is formed only when an individual written quotation is accepted.
The one-off CALIVO setup includes installation of the standard version specified in the quotation on a suitable HTTPS hosting environment supplied by the customer, the agreed technical base configuration and a documented handover. After full payment, the customer receives a non-exclusive, non-transferable and perpetual right to use the delivered version for their own practice. Pre-existing components and third-party software remain subject to their respective licence terms.
The update and support package begins on documented handover and has an initial term of twelve months. It renews for further periods of twelve months unless cancelled in text form, including by email, no later than one month before the end of the applicable term. The customer will generally receive a reminder at least six weeks before the end of the term. Either party's right to terminate for good cause remains unaffected.
The annual package includes product and security updates for the supported CALIVO standard version, remediation of reproducible product defects and email support on ordinary Austrian business days. It does not include 24/7 standby, guaranteed response or recovery times, hosting operations, server maintenance, data migration, data cleansing, ongoing backups, restore tests, training, custom features or work on third-party systems unless expressly listed in the quotation.
Price changes to the annual package will be announced at least two months before the start of the next renewal period and take effect no earlier than that period. The customer may cancel by the agreed cancellation deadline. A period that has already started and been paid for is not refunded pro rata upon ordinary cancellation.
3c. CALIVO: payment, third parties and contract end
Recurring payment is currently collected annually by SEPA Core Direct Debit on the basis of a separate mandate. The invoice and pre-notification state at least the amount and due date together with the mandate information required for collection and are generally sent no later than 14 calendar days before the due date unless a different period is agreed. Revoking the mandate does not terminate the contract or any payment obligation already incurred; outstanding amounts must then be paid by bank transfer. Statutory refund rights remain unaffected. Actual chargeback costs may be claimed only where the customer is responsible for the chargeback. Card payment, Stripe Billing and an online customer portal are not currently part of the contract.
Hosting, domains, email/SMTP delivery, SMS, video and other external services are contracted and paid for directly by the customer with the respective provider. CALIVO may provide technical integration and configuration options; Tom der Medienmacher does not owe the availability, pricing, privacy terms or continued functionality of those third-party services.
Updates and support end when the update and support package expires. The fully paid installed version is not remotely disabled and practice data is not deleted by Tom der Medienmacher. The customer is responsible for timely backups and for the secure continued operation of a version that no longer receives updates; such operation is not recommended because sensitive data are processed.
The customer remains the controller within the meaning of the GDPR and determines in particular the legal bases, access rights, retention and deletion. Tom der Medienmacher has no routine access to practice data. If support exceptionally requires access to personal data and constitutes processing on behalf of the customer, access takes place only after documented approval and on the basis of an agreement under Article 28 GDPR. At the end of the processing, supplied data are returned or deleted in accordance with that agreement unless retention is required by law.
4. Customer responsibility for content
The customer is responsible for providing the text, images and other materials required to perform the services. The customer warrants that they possess the necessary rights and that the materials do not infringe third-party rights.
5. Copyright and rights of use
After full payment, the customer receives an unlimited right of use, in time and territory, to the individually created deliverables identified in the offer. This includes the agreed use, editing and further development and transfer to commissioned service providers. Pre-existing tools, libraries, fonts, plugins, open-source components and third-party content remain subject to their respective licence terms. Any different or additional rights must be recorded expressly in the offer.
6. Customer cooperation
The customer must provide all documents and information required for implementation completely and in good time. Delays caused by the customer extend agreed deadlines accordingly.
7. Liability and warranty
Liability is governed by statutory law. To the extent permitted by law, liability for property damage caused by slight negligence in contracts with businesses is limited to foreseeable damage resulting from a breach of material contractual obligations. Mandatory claims, including claims for personal injury and consumer claims, remain unaffected. Legal texts and individual legal advice form part of the service only where expressly included in the offer.
The statutory warranty under Sections 922 et seq. ABGB and, for consumers, Sections 8 et seq. KSchG remains unaffected. For web projects, defects existing on delivery or arising within the statutory warranty period are remedied by repair or replacement. Included care services supplement but do not replace the statutory warranty.
8. Portfolio references
Unless expressly agreed otherwise, Tom der Medienmacher may identify the customer and the completed work as a reference on medienmacher.biz and in its portfolios.
9. Dispute resolution
Complaints may be sent to tom@medienmacher.biz. I am neither obliged nor willing to participate in proceedings before a consumer arbitration board. The former EU Online Dispute Resolution platform was discontinued on 20 July 2025.
10. Final provisions
If an individual provision is invalid, the remaining provisions remain effective. Austrian law applies exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods. To the extent legally permitted, the place of performance and jurisdiction is the registered place of business of Tom der Medienmacher. The contract language is German.