Terms of Service

Last updated: April 2026

1. Provider

Webagentur Hochmeir e.U.
Jonathan Hochmeir
Moorweg 7, 4845 Rutzenmoos, Austria
Email: hello@webhoch.com
Phone: +43 680 2208354

2. Scope

These Terms apply to all agency services, software development services, maintenance services, online products, SaaS products and related digital services provided by the Provider, unless specific product terms or individual agreements apply.

3. Formation of Contract

A contract is concluded by acceptance of an offer, written confirmation, electronic confirmation, checkout completion, or by the Provider commencing work at the Customer's request.

4. Services

The Provider offers services such as web development, custom software, online marketing, maintenance, hosting-related coordination, automation, integrations and cloud-based software access.

Unless explicitly agreed otherwise, the Provider owes the agreed services, but does not guarantee any specific commercial success, ranking result, lead volume, uptime figure, business outcome or AI-generated output.

5. Customer Obligations

The Customer shall provide all required information, approvals, content, credentials, project input and cooperation in a timely and accurate manner.

The Customer is solely responsible for the legality, accuracy and rights clearance of any content, data or instructions provided to the Provider.

The Customer shall indemnify the Provider against third-party claims arising from Customer content, unlawful use or infringement attributable to the Customer.

6. Third-Party Services

The Provider may rely on third-party services including hosting providers, payment processors, CMS platforms, AI providers, APIs, automation services and cloud infrastructure.

The Provider is not liable for outages, policy changes, pricing changes, feature changes, API changes, suspensions or service disruptions caused by such third-party providers.

7. Fees and Payment

Fees may be charged as fixed price, usage-based price, milestone payments, monthly subscriptions, annual subscriptions or custom enterprise pricing.

Unless agreed otherwise, invoices and subscription fees are payable in advance and without deduction.

If the Customer is in payment default, the Provider may suspend performance, limit access, pause projects or suspend support until outstanding amounts are settled.

8. Acceptance of Project Work

Where a project deliverable is subject to acceptance, the Customer shall review it within 7 calendar days after delivery.

If no substantial defect is reported in text form within this period, the deliverable shall be deemed accepted.

Acceptance shall also be deemed granted if the Customer goes live, uses the deliverable in production, approves the result or otherwise behaves as if acceptance has occurred.

9. Intellectual Property

Upon full payment, the Customer receives the usage rights expressly agreed for the relevant project or service.

All rights to the Provider's pre-existing tools, frameworks, templates, libraries, internal methods, know-how, reusable modules and platform technology remain with the Provider.

No transfer of ownership in software, source code, internal tooling or infrastructure occurs unless explicitly agreed in writing.

10. SaaS Access

Where the Provider offers SaaS products, the Customer receives a limited, non-exclusive, non-transferable right to access and use the software during the paid subscription term and only within the agreed scope.

The Customer may not sublicense, resell, reverse engineer, bypass technical protections or use the service for unlawful purposes.

11. Trials

The Provider may offer free trials or discounted trial periods. The duration, features and conversion logic of such trials are defined in the relevant offer or checkout flow.

12. Availability

The Provider aims to operate its services with reasonable care and reliability. However, no specific uptime or availability commitment is made unless explicitly agreed in a separate SLA.

Maintenance windows, upgrades, infrastructure incidents, third-party issues, force majeure events and security measures may lead to temporary limitations or interruptions.

Any public status pages or historical uptime metrics do not constitute a contractual guarantee unless explicitly stated as such.

13. Customer Data

The Customer may upload, input, store or process data within the services. The Customer remains solely responsible for the legality and appropriateness of such data.

The Customer is responsible for maintaining appropriate backups unless backup or recovery services are explicitly included.

Following termination, Customer data may be deleted after a reasonable retention period, generally up to 30 days, unless legal obligations or legitimate security requirements require otherwise.

14. Data Protection

Where the Provider processes personal data on behalf of the Customer, the parties shall enter into a separate Data Processing Agreement where legally required.

Further details are set out in the Provider's Privacy Policy.

15. Warranty

For business customers, warranty rights are limited to the extent permitted by law. The Provider may first choose to remedy defects within a reasonable period.

No warranty applies to issues caused by misuse, third-party changes, unsupported environments, Customer modifications or external dependencies outside the Provider's control.

Mandatory consumer rights remain unaffected.

16. Liability

The Provider shall have unlimited liability only for intent, gross negligence and injury to life, body or health.

To the extent permitted by law, liability for slight negligence is excluded.

To the extent permitted by law, the Provider shall not be liable for indirect damages, consequential damages, loss of profit, lost savings, business interruption, loss of data, reputational harm, inaccurate AI output, or third-party service failures.

Where liability nevertheless exists, it shall be limited to:

• for project services: the net order value of the affected project;
• for recurring services or SaaS: the net fees paid in the 3 months preceding the event giving rise to the claim.

Mandatory consumer protection law remains unaffected.

17. Termination

Project-based contracts end upon full performance.

Subscriptions and recurring services continue until the end of the paid term unless cancelled.

Either party may terminate for cause. The Provider may terminate or suspend for cause, in particular, in case of payment default, unlawful use, serious breach of contract, security risks or lack of required cooperation.

18. Consumer Right of Withdrawal

If the Customer is a consumer and mandatory distance-selling law applies, statutory withdrawal rights apply in accordance with the separate withdrawal notice.

For digital services, the right of withdrawal may expire early where the consumer expressly consents to performance before expiry of the withdrawal period and acknowledges the loss of the withdrawal right where applicable by law.

19. Governing Law and Jurisdiction

These Terms shall be governed by Austrian law, excluding conflict-of-law rules and the CISG.

If the Customer is a business customer, the competent court at the Provider's registered seat shall have exclusive jurisdiction, to the extent permitted by law.

Mandatory consumer jurisdiction rules remain unaffected.

20. Severability

If any provision of these Terms is or becomes invalid, the remaining provisions shall remain in full force and effect.