Terms & Conditions
01
Scope
These Terms & Conditions (hereinafter T&C) apply to all business relationships between Cevio (Tobias Sonnleitner, Stadlergasse 9a/3, 1130 Vienna, Austria; hereinafter Contractor) and the respective client (hereinafter Client) in the areas of web design, web development, Discord bot development, graphic design and other digital services.
The T&C apply to all current and future contracts, even if not explicitly referenced. Deviating or supplementary conditions of the Client do not become part of the contract unless the Contractor expressly agrees to their validity in writing.
Note: Individual agreements made in writing between Contractor and Client always take precedence over these T&C.
02
Contract Formation
2.1 Formation of Contract
A contract is formed through the Client's acceptance of the Contractor's offer. Acceptance may occur in writing, by email or through conclusive action (e.g. deposit payment, approval of a briefing).
2.2 Offers
The Contractor's offers are non-binding and without obligation unless expressly stated otherwise. An offer is deemed accepted if the Client confirms it within the period specified in the offer (or, if no period is specified, within 14 days).
2.3 Electronic Communication
The parties acknowledge the legal validity of electronic communication (email, contact forms). Order confirmations, approvals and change requests by email are considered written declarations.
03
Scope of Services
3.1 Contractual Basis
The type and scope of services are determined by the individual offer or written order confirmation. Verbal side agreements require written confirmation to be effective.
3.2 Changes and Extensions
Subsequent changes or extensions to the scope of services (change requests) require written agreement. The Contractor is entitled to invoice the resulting additional effort separately. Services already rendered remain unaffected.
3.3 Delivery Dates
Delivery and completion dates specified by the Contractor are non-binding estimates unless a fixed date has been expressly agreed in writing. Delays due to the Client's lack of cooperation (see Section 04) extend agreed deadlines accordingly.
04
Client Cooperation Obligations
Important: Timely and complete cooperation by the Client is an essential prerequisite for proper service delivery.
4.1 Provision of Content
The Client is obligated to provide all content required for service delivery (texts, images, logos, access credentials, briefings) in a timely manner and in a usable format. The Contractor is not obligated to verify the factual accuracy of the content.
4.2 Image and Copyright
The Client warrants that they hold the necessary usage rights to the provided content (particularly images, texts, logos, trademarks) and that their use does not infringe the rights of third parties. The Client indemnifies the Contractor against all third-party claims arising from copyright, trademark or other intellectual property right violations.
4.3 Access and Technical Requirements
The Client provides all necessary access (hosting, CMS, FTP, domain provider, email accounts) in a timely manner. Delays due to missing or incomplete access are at the Client's expense.
4.4 Approvals
The Client is obligated to review and approve interim results and drafts within a reasonable period (usually 7 business days) or communicate specific change requests. If no feedback is received within the set period, the presented results are deemed approved.
4.5 Delay due to Lack of Cooperation
If the Client fails to meet their cooperation obligations or does not meet them in a timely manner, the agreed delivery and completion deadlines are extended accordingly. The Contractor is not liable for resulting delays or damages. In case of persistent lack of cooperation despite written request and reasonable grace period, the Contractor is entitled to invoice services already rendered.
05
Fees & Payment
5.1 Prices
Compensation is based on the individual offer. All stated prices are in euros (EUR). Pursuant to § 6(1)(27) UStG (small business regulation), no VAT is charged.
5.2 Payment Terms
Invoices are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed. The Contractor is entitled to agree on the following payment structure for project work:
- Deposit
- 35% of the order value upon order placement
- Final payment
- 65% upon completion and handover/acceptance of the project
We accept Stripe, PayPal, or SEPA bank transfer to our Austrian bank account.
5.3 Late Payment
In case of non-payment within the agreed payment period of 14 days, the Client receives a written reminder. A grace period of 14 days begins upon receipt of the reminder. In case of late payment, the Contractor is entitled to charge default interest of 9.2 percentage points above the respective base interest rate of the Austrian National Bank p.a. (§ 456 UGB for businesses, § 1000 ABGB for consumers: 4% p.a.) and a reminder fee of €40.00 per § 458 UGB. If payment remains outstanding after the grace period, the Contractor reserves the right to take legal action.
5.4 Suspension for Non-Payment
Upon receipt of the reminder per 5.3, the Contractor is entitled to immediately suspend all ongoing services (hosting, maintenance, support, access) temporarily until outstanding claims are fully settled.
5.5 Set-Off
Set-off by the Client is only permitted with undisputed or legally established claims.
06
Usage Rights
6.1 Transfer of Rights
All usage rights to the created works (design, code, graphics, texts) only transfer to the Client upon full payment of the agreed compensation. Until then, all rights remain with the Contractor.
6.2 Scope of Usage Rights
Unless otherwise agreed, the Client receives a simple, non-transferable usage right for the purpose defined in the contract. Transfer to third parties, resale or sublicensing requires the express written consent of the Contractor.
6.3 Reference Right
The Contractor may use completed projects as a reference on their website, in their portfolio and on social media only with the express written consent of the Client. No confidential information of the Client will be disclosed without prior agreement.
6.4 Source Code
Delivery of source code is only owed if expressly agreed in the offer or individual work contract. Otherwise, the Client receives the compiled or deployed end products.
6.5 Open Source Components
If open-source libraries or frameworks are used during creation, these are subject to the respective open-source license terms. The Contractor informs the Client on request about the components used and their licenses.
07
Liability
7.1 Limitation of Liability
The Contractor is only liable for damages attributable to intent or gross negligence. Liability for slight negligence is — to the extent legally permissible — excluded. Liability is in any case limited to the amount of the agreed order value. Consequential damages, lost profits and financial losses are excluded from liability.
7.2 Client Content
The Contractor assumes no liability for content provided by the Client (texts, images, data) — particularly regarding copyright, trademark law, personality rights or competition law. The Client indemnifies the Contractor in this regard against all third-party claims.
7.3 No SEO Guarantee
The Contractor provides no guarantee for specific search engine rankings (e.g. Google). Search engine optimization (SEO) is provided as a consulting and optimization service without success guarantees regarding ranking, traffic or conversion rates.
7.4 External Services and Third Parties
The Contractor is not liable for the availability, functionality or data security of external services (e.g. hosting providers, domain registrars, CDN services, API providers, payment processors), even if they recommended or configured their use.
7.5 Availability
The Contractor provides no guarantee for 100% availability of the created websites, applications or services. Brief outages due to maintenance, server disruptions or force majeure do not constitute grounds for liability claims.
08
Warranty
8.1 Defect Notification
The Client is obligated to inspect the delivered services immediately after handover and to report any defects in writing (email is sufficient) within 14 business days. Defects not reported within this period are deemed approved. Acceptance is also effected by the Client's final payment or productive use of the deliverable.
8.2 Remedy
For justified defect reports, the Contractor has the right to remedy within a reasonable period. The Contractor has the right to at least two remedy attempts before further claims can be asserted.
8.3 Exclusions
The following are excluded from warranty:
- Defects caused by subsequent modifications by the Client or third parties
- Defects attributable to incorrect or late-delivered content
- Functional limitations due to browser updates, operating system changes or updates to external services
- Display variations across different browsers, unless specific browser compatibility was agreed
8.4 Warranty Period
The warranty period is 24 months from handover for consumers under KSchG and 6 months from handover for businesses (B2B), unless a longer period is mandatory by law.
09
Contract Duration & Termination
9.1 Project Contracts
Project contracts (one-time services such as website creation, design) end upon complete delivery and payment of the agreed service.
9.2 Ongoing Contracts — Agency Services
Ongoing contracts for agency services (e.g. maintenance, support) are concluded monthly or annually. Termination requires 1 month's notice to the end of the respective term, in writing by email to contact@cevio.at. The contract continues until the end of the paid term.
- Contract type
- Monthly or annually
- Notice period
- 1 month to the end of the respective term
- Cancellation form
- In writing by email to contact@cevio.at
- Contract end
- End of the paid term
9.3 SaaS Services & Subscriptions
For SaaS products and bot services (e.g. Steam Hour Idler, Discord Bots), management and cancellation are handled directly through the respective payment provider (Stripe). Access ends automatically when the paid period expires. Separate cancellation to the Contractor is not required.
- Management
- Directly through the payment provider (Stripe)
- Access end
- Automatically upon expiration of the paid period
- Cancellation
- No separate cancellation required
9.4 Extraordinary Termination
Both parties are entitled to terminate the contract without notice for good cause. Good cause exists in particular when:
- The other party fails to fulfill essential contractual obligations despite written warning and reasonable grace period
- Insolvency proceedings are opened against the other party's assets or the opening is rejected for lack of assets
- The Client is in payment default for more than 30 days despite a reminder
9.5 Consequences of Termination
If the Client terminates before project completion, services rendered up to the point of termination and costs incurred must be fully compensated. Deposits already paid will not be refunded to the extent that corresponding services have been provided.
10
Data Protection
The Contractor processes the Client's personal data exclusively within the framework of applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG).
To the extent the Contractor gains access to the Client's personal data during service delivery (e.g. access credentials, customer data on websites), these are treated confidentially and used exclusively for service delivery.
If data processing per Art. 28 GDPR is required, a separate Data Processing Agreement (DPA) will be concluded.
10.4 Email Communication & Newsletter
The Contractor's website may display pop-ups or forms for subscribing to email notifications and newsletters. Subscription is voluntary and based on explicit consent (opt-in) per Art. 6(1)(a) GDPR. Consent can be withdrawn at any time — either via the unsubscribe link in each email or by notifying contact@cevio.at. Collected email addresses are used exclusively for the stated purpose and are not shared with third parties.
- Privacy policy
- /privacy
- Privacy contact
- contact@cevio.at
11
Special Provisions for Bot Services
The following provisions apply in addition to the other T&C for all Discord bot services and comparable automated systems provided by the Contractor on a subscription basis.
11.1 Usage Right on Subscription Basis
The right to use a bot exists exclusively for the duration of the active, paid subscription. Upon termination of the subscription — regardless of the reason — the usage right automatically expires and the bot is removed from or deactivated on the respective server. Reactivation is possible at any time through a new subscription.
11.2 Retention of Source Code
The complete source code of the bot remains exclusively with the Contractor. No handover, disclosure or licensing of the source code to the Client takes place. The Client only receives the right to use the bot as intended within the subscription.
11.3 Permissions & Transparency
The bot is operated by default only with the permissions technically required for the agreed functions (principle of least privilege). The Contractor assures that the bot contains no hidden, undocumented or malicious functions. On request, the Contractor informs the Client about the required permissions and their purpose.
Note: The Client is responsible for granting the bot the necessary permissions on their Discord server. Functional limitations due to missing or revoked permissions do not constitute a defect.
11.4 Availability & Maintenance
The Contractor strives for high availability of bot services but does not guarantee uninterrupted operation. In particular, outages due to maintenance work, Discord API updates, third-party disruptions or force majeure do not constitute grounds for liability claims. The Contractor informs about planned maintenance in advance where possible.
11.5 Promotional Partnerships & Discount Agreements
In individual cases, a promotional partnership may be agreed between the Contractor and the Client, whereby the Client receives a discount of up to 100% on the monthly fee in return for promoting the Contractor (e.g. mention on the Discord server, in streams or on social media channels).
Such promotional partnerships do not require any particular form, but are documented in the invoicing (invoice with corresponding discount note). The following provisions apply:
- Basis
- Individual agreement between the parties
- Documentation
- Invoice with discount note (up to 100%)
- Revocation
- At any time by either party; bot continues until end of paid period
- After termination
- Regular fee becomes due; subscription cancellation remains possible
Even with a promotional partnership with full discount, this is a regular contractual relationship. All other provisions of these T&C — particularly usage rights, liability and termination — apply without restriction.
12
Final Provisions
12.1 Applicable Law
Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the referral norms of international private law (IPRG).
12.2 Jurisdiction
The competent court in Vienna, Austria, has exclusive jurisdiction for all disputes arising from or in connection with these T&C. For consumers within the meaning of KSchG, the statutory jurisdiction applies.
12.3 Severability Clause
Should individual provisions of these T&C be or become wholly or partly invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, that valid and enforceable provision shall apply whose effect comes closest to the economic objective.
12.4 Written Form Requirement
Amendments and supplements to these T&C require written form. This also applies to the waiver of this written form requirement. Electronic form (email) is also considered written form.
12.5 Assignment
The Client may only assign rights and obligations from the contractual relationship to third parties with the prior written consent of the Contractor.
12.6 Dispute Resolution
The European Commission provides an online dispute resolution platform: ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: 7 May 2026