Terms & Conditions

1. Scope

These Terms apply to all offers, contracts and services provided by Numix in the version valid at the time the contract is concluded. They are deemed agreed as soon as the Client accepts an offer or commissions a service.

We expressly object to any deviating or supplementary terms of the Client. Such terms only become part of the contract if we agree to their application in writing. Our services are primarily aimed at businesses (entrepreneurs). Where the Client is a consumer, mandatory Austrian consumer protection law takes precedence over any conflicting provisions of these Terms.

2. Services

Numix provides services in brand development, web and interface design, web development as well as content and communication. The specific scope of services results solely from the relevant offer, quote or project agreement. Unless expressly agreed otherwise, we owe a professional performance of services, not a particular commercial result.

3. Offer and Conclusion of Contract

Offers from Numix are non-binding and valid for the period stated in the offer, or for 30 days from issuance if no period is stated. A contract is concluded through our written order confirmation, the Client's acceptance of the offer (including by email) or the commencement of the work. Subsequent changes require our confirmation and may lead to an adjustment of price and deadlines.

4. Client's Cooperation

The Client provides all information, content, texts, image data and access required for the work in good time, complete and in a suitable form, and names a contact person authorised to make decisions. The Client warrants that it holds the necessary rights to the materials it supplies (in particular texts, logos, images, trademarks). Delays resulting from late or deficient cooperation by the Client are not attributable to Numix.

5. Deadlines

Stated dates and deadlines are non-binding unless expressly agreed as binding. They presuppose the timely fulfilment of the Client's duties to cooperate and are postponed accordingly if these are not met.

6. Prices and Payment

The prices stated in the offer apply. As a small business under Section 6 (1) (27) of the Austrian VAT Act, we do not charge value added tax. Unless agreed otherwise, invoices are due within 14 days of the invoice date without deduction. For larger projects we are entitled to request advance payments or partial invoices based on project progress.

In the event of late payment, statutory default interest applies; towards businesses this amounts to 9.2 percentage points above the base rate pursuant to Section 456 of the Austrian Business Code. The Client also bears the costs necessary for appropriate legal enforcement.

7. Usage Rights and Copyright

All works created by Numix – in particular drafts, designs, layouts, source code, texts and concepts – are protected by copyright. Until all fees owed under the contract have been paid in full, all rights remain with Numix.

Upon full payment, we grant the Client the usage rights to the final, approved results required for the agreed purpose. Any broader scope of rights – in particular exclusive rights or rights unlimited in time, territory or content – requires a separate agreement. Intermediate drafts, unselected concepts, working files as well as the tools, libraries and methods we use remain with Numix. Numix is entitled to name and depict the services rendered for reference and self-promotion purposes, unless the Client objects for legitimate reasons.

8. Third-Party Services and Subcontractors

Numix is entitled to engage suitable third parties (e.g. freelancers, agencies, service providers) to fulfil the contract. Services obtained from third parties (e.g. licences, fonts, hosting, stock material) may be subject to separate licence and usage terms, to which we will draw the Client's attention.

9. Acceptance and Warranty

Upon completion we submit the service to the Client for acceptance. The Client shall inspect the service without delay and report any defects specifically and in writing. The service is deemed accepted if the Client does not assert defects within 14 days of submission or puts the service into operation.

Under warranty, we remedy justified, verifiably documented defects by improvement within a reasonable period. Subsequent change requests and impairments attributable to content supplied by the Client, its system environment or third-party interference do not constitute defects.

10. Liability

Towards businesses, Numix is liable only for damage caused by intent or gross negligence. Liability for slight negligence is excluded, except for personal injury. Liability for lost profit, indirect damage, consequential damage and data loss is excluded towards businesses. Liability is limited in amount to the net order value of the affected project. Towards consumers, the above limitations apply only to the extent permitted by law.

11. Confidentiality and Data Protection

Both parties treat the other party's confidential information as confidential and use it only within the scope of the cooperation. Personal data is processed in accordance with our Privacy Policy .

12. Cancellation and Termination

If the Client cancels a placed order, the services rendered up to the cancellation as well as third-party costs incurred must be remunerated. The right of both parties to terminate for good cause remains unaffected. Where the Client is a consumer and the contract was concluded at a distance, a statutory right of withdrawal may apply, about which we inform separately before the contract is concluded.

13. Force Majeure

Events of force majeure that substantially impede or prevent our performance (e.g. failures of infrastructure or service providers, official measures) entitle us to postpone performance for the duration of the impediment. No claims of the Client arise from this.

14. Final Provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. To the extent legally permissible, the court having jurisdiction for Wiener Neustadt is agreed as the place of jurisdiction; towards consumers, the statutory place of jurisdiction applies.

Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.