Terms and Conditions
For advertising services on the ALL&EQUAL
§ 1 Scope of Application
These General Terms and Conditions (Terms and Conditions) apply to all contracts for advertising services between iks.haus, FlexCo, Mariahilfer Straße 49/1/15, 1060 Vienna, Austria (hereinafter referred to as "Service Provider") and the respective advertising client (hereinafter referred to as "Client").
These Terms and Conditions apply exclusively to business relationships with entrepreneurs within the meaning of § 1 KSchG (B2B). Deviating or conflicting terms and conditions of the Client will not be recognized unless the Service Provider expressly agrees to their validity in writing.
§ 2 Subject Matter of the Contract
The Service Provider offers advertising services on the inclusive, multimedia platform iks.haus. The platform includes the following advertising channels:
- a) Web Portal (iks.haus) – Display advertising, hero banners, sponsored posts
- b) YouTube – Advertising formats within vodcast productions
- c) Spotify – Advertising formats within podcast productions
- d) TikTok, Instagram, Facebook – Social media advertising collaborations
- e) APP – In-app advertising formats (subject to availability)
The type, scope, duration, and price of the services are specified in the respective individual contract (order confirmation, media plan, offer).
§ 3 Contract Conclusion
Offers made by the Service Provider are non-binding and without obligation. A contract only comes into effect upon written confirmation of the order by the Service Provider or upon actual provision of the services. The written form also includes email.
§ 4 Prices and Payment Terms
All prices are in Euro (EUR) plus the legally applicable value-added tax (currently 20%), unless otherwise stated.
Invoices are due within 14 days of the invoice date, without deduction, unless otherwise agreed in the individual contract.
In the event of payment default, the service provider is entitled to charge default interest at a rate of 9.2 percentage points above the applicable base interest rate according to § 456 of the German Commercial Code (UGB). The right to claim further damages resulting from the default is reserved.
§ 5 Advertising Materials and Content
The client shall provide the advertising materials (texts, images, videos, logos) required for the advertising placement in good time and in the quality and format specified by the service provider.
The client guarantees that the advertising materials provided by them do not violate applicable law, in particular copyright, trademark, competition, or personal rights of third parties, and that they are not discriminatory, racist, sexist, homophobic or transphobic, discriminatory towards people with disabilities, or otherwise dehumanizing.
The service provider reserves the right to reject advertising materials that contradict the values of the iks.haus platform or that are likely to undermine the trust of the target group. This applies in particular to content that promotes discrimination, exclusion, or prejudice.
§ 6 Cancellation and Termination
The client can cancel an advertising order free of charge until 14 calendar days before the agreed start date. For cancellations made later, the following cancellation fees apply:
- a) 7 to 13 calendar days before the start date: 50% of the agreed net price.
- b) Less than 7 calendar days before the start date: 100% of the agreed net price.
Existing advertising contracts can be terminated by either party with one month's notice at the end of the month, unless a different notice period is agreed in the individual contract.
§ 7 Warranty and Liability
The service provider undertakes to provide the agreed services carefully and professionally.
The service provider's liability for slight negligence is excluded to the extent permitted by law, except for damages to life, body, or health. Liability for indirect damages, loss of profit, and consequential damages is excluded to the extent permitted by law.
The service provider's liability is limited to the net value of the respective order.
Defects must be reported immediately, and in any event, no later than 7 business days after publication, in writing.
§ 8 Indemnification
The client shall indemnify the contractor against all claims by third parties arising from the use of advertising materials provided by the client. This includes claims arising from violations of copyright, trademark, unfair competition, and personality rights. The client shall bear the costs of legal defense, including all court and attorney fees.
§ 9 Confidentiality
Both parties are obligated to keep confidential any confidential information that becomes known to them in the course of the contractual relationship and to use it only for the purposes of the respective contract. This obligation continues even after the termination of the contract.
§ 10 Data Protection
The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). To the extent that personal data of the client is processed in the course of the provision of services, the parties may conclude a separate data processing agreement in accordance with Article 28 of the GDPR, if necessary.
§ 11 Performance Report
After completion of the campaign, the contractor shall provide the client with a performance report containing the agreed-upon key performance indicators (e.g., impressions, clicks, reach). The type and scope of the reporting shall be defined in the individual contract.
§ 12 Force Majeure
Neither party shall be liable for delays or failure to perform obligations that are attributable to circumstances of force majeure (e.g., natural disasters, pandemics, government regulations, network outages). The affected party shall inform the other party immediately of the occurrence and the expected duration of the force majeure.
§ 13 Applicable Law and Jurisdiction
Austrian law applies, excluding the conflict of law provisions of international private law and the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction for all disputes arising out of or in connection with contracts based on these general terms and conditions shall be the competent court in Vienna.
§ 14 Severability Clause
Should any provision of these terms and conditions be invalid or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision.
Contact
iks.haus, FlexCo
Mariahilfer Straße 49/1/15, 1060 Vienna, Austria
iks@iks.haus