General Terms and Conditions (GTC)
Web Design · Development · Digital Services (B2B)
Last updated: June 2026 · Hexcore / Omnigenius · Yauhen Buziuma
Note: These GTC are based on the WKO template (UBIT section) and have been adapted for Hexcore/Omnigenius with additions required under EU law (GDPR, EU AI Act, BaFG).
1. Scope and Validity
1.1 All orders are legally binding only upon written confirmation by the contractor. The client's own purchasing conditions are excluded. Offers are non-binding.
1.2 These GTC apply exclusively to businesses (B2B). Hexcore/Omnigenius currently provides services exclusively to businesses.
2. Scope of Services
2.1 Services include: website creation, web design, web development, UX/UI design, web application programming, and digital consulting.
2.2 Execution is based on complete information and materials provided by the client.
2.3 The written service specification (online configurator or offer) is the binding basis.
2.4 Acceptance: no later than 4 weeks after delivery. If the deadline passes without acceptance, the service is deemed accepted. Use in live operation constitutes acceptance.
2.5 Accessibility (BaFG) is not included in the standard offer unless separately agreed. From 28 June 2025, new minimum requirements under BaFG apply.
2.6 Revision rounds: the flat fee includes a maximum of 2 revision rounds (each within 5 business days of presentation). Further changes are billed at EUR 100/h plus VAT.
3. Prices and Taxes
3.1 All prices in euros, net, plus applicable VAT (Austria: 20%; Netherlands: 21%).
3.2 Travel and incidental expenses are invoiced at actual cost. Travel time is billable.
3.3 Down payment: 50% of the project value due at project start unless otherwise agreed.
4. Delivery Dates
4.1 Delivery dates are targets; delays caused by incomplete client cooperation are not the contractor's responsibility.
5. Payment
5.1 Invoices are payable within 14 days of receipt without deduction.
5.2 Late payment interest for B2B transactions: statutory rate pursuant to § 456 UGB (currently base rate + 9.2% p.a.).
6. Intellectual Property and Usage Rights
6.1 Upon full payment, the client receives a non-exclusive, non-transferable right to use the delivered works for the agreed purpose.
6.2 The contractor retains the right to reference the project in its portfolio unless the client objects.
6.3 Third-party components (open source, templates, frameworks) are subject to their respective licences.
7. Use of Artificial Intelligence (EU AI Act)
7.1 The contractor may use AI systems for content creation (text, images, code).
7.2 AI-generated or AI-manipulated content is labelled pursuant to Art. 50 EU AI Act (Regulation (EU) 2024/1689).
7.3 The client is required to verify AI-generated content for accuracy and legality before publication. The contractor is not liable for factual errors caused by AI systems where the client has failed in this duty.
7.4 AI systems classified as ‘high-risk’ or ‘unacceptable risk’ under the EU AI Act are not used without explicit written agreement.
8. Digital Accessibility (BaFG)
8.1 Where expressly agreed, the website is created in accordance with WCAG 2.1 Level AA and the Austrian BaFG.
8.2 The accessibility warranty applies as of the acceptance date. Subsequent content changes by the client are excluded from warranty.
9. Data Protection and Data Processing
9.1 The contractor processes the client's data pursuant to GDPR. Details are governed by the separate Privacy Policy.
9.2 Where personal data of the client's end users is processed during the project, a Data Processing Agreement (DPA, Art. 28 GDPR) shall be concluded.
9.3 Privacy by Design: website architectures are designed with data minimisation as default.
10. Warranty and Liability
10.1 Warranty period: 6 months from handover (presumption under § 924 ABGB excluded).
10.2 Liability arises only for gross negligence or intent; unlimited for personal injury. Liability for indirect damages, lost profits, and data loss is excluded to the extent permitted by law.
10.3 Maximum liability: the net value of the affected individual project.
11. Cancellation
11.1 Cancellations require written consent. Cancellation fee: 30% of the unbilled project value plus costs for work already completed.
12. Confidentiality
12.1 Both parties commit to keeping confidential information secret for the duration of the contract and for 3 years thereafter.
13. Governing Law and Jurisdiction
13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive jurisdiction: the competent court at the contractor's registered place of business.
13.2 Recommendation: commercial mediation (ZivMediatG) before initiating legal proceedings.
14. Final Provisions
14.1 Severability: invalid provisions shall be replaced by the closest valid equivalent.
14.2 Amendments require written form.
Last updated: June 2026 · Hexcore / Omnigenius · Yauhen Buziuma