Contact us
Logo Druckerei Berger

+43 2982 4161-0

Search
Close this search box.
Contact us

General Terms and Conditions

General Terms and Conditions (Terms and Conditions of Delivery and Payment) for the Graphic Arts Industry.  Status as of April 2024 

B2B

I. SCOPE

  1. Deliveries, services, and offers from the contractor to a client who is not a consumer within the meaning of the Consumer Protection Act (KSchG) are made exclusively based on these terms and conditions. These also apply to all future business relationships, even if they are not explicitly agreed upon again. Confirmations from the client referring to their business or delivery terms are hereby contradicted.
  2. Deviations from these terms and conditions are only effective and binding for the contractor if the contractor expressly confirms them in writing.
  3. Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions remains unaffected.

II. CONCLUSION OF THE CONTRACT/PRICES

  1. Confirmation of receipt of an order from the client does not constitute acceptance. A contract is only bindingly concluded when the contractor sends the goods or a shipping confirmation after receiving the order or sends an acceptance letter that the client has received. If the contractor withdraws an acceptance letter before the client receives it, the contract is considered not concluded.
  2. If the contractor is requested by the client to submit an offer, the contract is concluded with the acceptance of the offer by the client.
  3. Electronic contract declarations are considered received by the client on the day following their dispatch by the contractor.
  4. Any modification, deviation, or addition to a concluded contract requires the written consent of the contractor to be legally effective.
  5. All mentioned prices are in EURO. Price offers are non-binding unless otherwise agreed in writing. The prices quoted by the contractor are subject to the condition that the order data remain unchanged. The contractor’s prices are exclusive of VAT and ARA surcharge. The contractor’s prices are ex-works. They do not include freight, postage, insurance, and other shipping costs. Only simple packaging (wrapping) of printed products is included in the prices. If the nature of the printed work does not require packaging, it will be done only upon request and at the client’s expense. If special packaging is desired by the client or necessary due to the nature of the goods (cardboard, carton, pallet, crate), it will be billed separately. If packaging material is returned in good condition within 4 weeks free of charge to the delivery plant, up to two-thirds of the packaging material’s cost can be credited. The contractor has the discretion to assess the good condition.
  6. Minor deviations in the contractor’s acceptance letter from the client’s order must be objected to by the client within 5 working days (Saturday is not a working day) of receipt of the acceptance letter. Otherwise, the contract is considered concluded according to the acceptance letter.
  7. Increases in individual costs (e.g., films, plates, data carriers, paper, cardboard, printing forms, repros, binding materials, data transmission costs, etc.), personnel costs, or other costs underlying the order entitle the contractor to pass on the resulting price increases to the client even after the contract has been concluded, provided these are proportionate to the total invoice amount and the contractor has no influence on the reason for the price increase. This right of the contractor is expressly recognized by the client.
  8. Subsequent changes initiated by the client (e.g., also within the framework of so-called orderer and author corrections), including the resulting machine downtime, will be charged to the client. Subsequent changes also include repetitions of proof prints required by the client.
  9. Additional costs due to circumstances attributable solely or predominantly to the client may be charged by the contractor regardless of their amount. Order changes or additional orders approved by the client in writing will be billed separately.
  10. If a cost estimate forms the basis of an order, it is considered non-binding unless otherwise expressly agreed. The working time required to create a cost estimate will be charged to the client. Cost overruns on a guaranteed cost estimate are to be borne by the contractor. Cost overruns on a non-guaranteed cost estimate may be passed on to the client up to 15% of the estimate without the client’s consent. The contractor will inform the client of any cost estimate overruns.
  11. Design and proofing costs as well as costs for final artwork will be billed separately. The same applies to all special requests, such as the creation of samples, finishing, and assembly of the print job. Samples and drafts created at the client’s request remain the property of the contractor (unless otherwise expressly agreed) and are billed separately even if the order does not proceed.
  12. The client bears the costs of data transmissions initiated by them (e.g., via ISDN).

III. INVOICING

The contractor invoices its deliveries and services on the day it (even partially) delivers, stores for the client, or holds ready for call-off. The contractor is entitled to invoice proportionately for partial deliveries.

IV. PAYMENT TERMS

  1. Payment (net price plus VAT, ARA surcharge, shipping costs, and other price components) is due within 30 calendar days of the invoice date without deduction. For payment within 14 calendar days of the invoice date, the contractor grants a 2% discount on the net price. A prerequisite for a discount is the full payment of all (including previous) unpaid invoices. An unauthorized discount deduction by the client will be billed, including a flat-rate handling fee of EUR 25 plus VAT. For bank transfers, the availability of the invoice amount on the contractor’s specified account determines the timeliness of the payment.
  2. For invoices with a payment term of more than 30 days, VAT must be paid immediately upon receipt of the invoice.
  3. For the provision of large quantities of paper and cardboard, special materials, or pre-services, the contractor may require advance payments.
  4. The contractor is not obliged to execute the order until a requested down payment or advance payment has been made by the client. Section VI.5 of these terms and conditions applies accordingly.
  5. The client can only offset with a claim recognized as undisputed or legally established. The client has no right of retention or set-off.
  6. For order interruptions caused by the client lasting longer than 2 weeks, an interim invoice will be issued. In the case of mutually agreed order cancellation, a proportionate invoice will be issued based on the originally agreed total price, which will be agreed upon between the parties. If the client cancels the order, the contractor is entitled to bill the full invoice amount. However, the contractor must deduct any savings made or other earnings due to the cancellation.

V. PAYMENT DEFAULT

  1. In the event of payment default by the client, the contractor may: a. insist on the fulfillment of the contract (= payment of the purchase price), or b. withdraw from the contract after setting a reasonable grace period and claim compensation from the client, or c. declare all, including not yet due, invoice amounts immediately due if the client is more than 6 weeks in default and has already been reminded with a grace period of 2 weeks.
  2. At the time of the opening of insolvency proceedings over the client’s assets, the contractor has the right to demand immediate payment of all outstanding invoices, including those not yet due.
  3. Additionally, the contractor has the right to make further work on ongoing orders dependent on partial payments. Furthermore, the contractor has the right to withhold goods not yet delivered and to stop further work on ongoing orders in the event of non-payment of partial payments. Section VI.5 of these terms and conditions applies accordingly.
  4. In the event of culpable payment default, default interest of 9.2% p.a. is payable; in the case of non-culpable payment default, 4.0% p.a. above the base interest rate applicable on the first day of the payment default. This does not exclude the assertion of further default damages.
  5. The client undertakes to reimburse the contractor for dunning and collection expenses incurred due to the payment default, provided they are necessary for appropriate legal prosecution. If the contractor handles the dunning process itself, the client undertakes to pay EUR 15 net per reminder and EUR 5 net per half-year for maintaining the debt relationship in the dunning process. Any further damage, particularly the damage resulting from higher interest rates on any credit accounts of the contractor due to non-payment, must be compensated by the client if the client is at fault for the payment default.

VI. DELIVERY TIME/DELIVERY DELAY

  1. Unless otherwise agreed, the delivery period begins with the latest of the following dates:
    • Date of receipt of the acceptance letter by the client,
    • Date of fulfillment of all necessary obligations by the client for the start of the order,
    • Date on which the contractor receives an agreed down payment. The delivery period ends on the day the goods leave the contractor’s premises.
  2. Agreed delivery times are approximate unless expressly confirmed as fixed dates in writing. If the client fails to fulfill their cooperation obligations or does so untimely, the contractor is not liable for adhering to the agreed delivery date or any resulting damage. This also applies in the case of subsequent order changes by the client. Additionally, the contractor is entitled to claim compensation for the additional costs incurred due to the client’s failure to cooperate.
  3. For the duration of the review of transmitted proof copies, proof prints, or sample prints by the client, the delivery period is interrupted. Section VI.5 of these terms and conditions applies accordingly. In the event of a delivery delay, the client can primarily demand fulfillment under the setting of a reasonable grace period and declare withdrawal from the contract only after a new grace period has been set. The grace periods must be appropriate to the nature and scope of the order.
  4. In cases of force majeure or other unforeseen, extraordinary, and unblameable circumstances (e.g., difficulties in material procurement, operational disruptions, strikes, lockouts, lack of transport means, governmental interventions, energy supply difficulties) – even if they occur at suppliers or subcontractors – the delivery period extends appropriately if the contractor is prevented from fulfilling its obligation on time. If delivery or performance becomes impossible or unreasonable due to these circumstances, the contractor is released from the obligation to perform. If the delivery delay exceeds two months, the client is entitled to withdraw from the contract. If the delivery period is extended or if the contractor is released from its obligation to perform, the client cannot derive any claims for damages from this. If the contractor is released from its performance obligation, the contractor is obliged to deliver the goods produced up to that point, and the client is obliged to pay for them proportionately according to the originally agreed invoice amount. The contractor can only invoke the mentioned circumstances if it informs the client immediately.
  5. If adherence to the delivery period depends on the client’s cooperation (e.g., providing flawless data, work documents, reviewing interim results, etc.) and the client does not fulfill these obligations, the contractor is not liable for any delay damages.

VII. DELIVERY/TRANSFER OF RISK

  1. Deliveries are made ex-works of the contractor at the client’s expense and risk unless otherwise agreed. Transport insurance is only taken out upon explicit request and at the client’s expense. The risk passes to the client as soon as the consignment is handed over to the person carrying out the transport or has left the contractor’s warehouse for dispatch. If the dispatch is delayed at the client’s request, the risk passes to the client upon notification of readiness for dispatch.
  2. Industry-standard, production-related over- and under-deliveries are permitted up to 5% for less complex orders and up to 10% for medium and highly complex jobs and are billed proportionately based on the print run (increase or decrease the agreed net price). For provided material, the tolerance rates of the supply industry are additionally considered. The classification of an order is based on the “Technical Guidelines for the Printing Industry in Austria” of the Association for Printing & Media Technology.

VIII. PROVIDED MATERIALS AND DATA

  1. Materials provided by the client, such as templates, clichés, films, data carriers of all kinds, paper, etc., must be delivered carriage paid to the contractor’s premises. The contractor has no duty to check or warn regarding materials, data (e.g., via ISDN), and printing devices (such as provided typesetting, proof prints, etc., diskettes, films, etc.) delivered or transmitted by the client or a third party commissioned by the client. In particular, the contractor does not check the accuracy of the data (texts, images, certifications) stored on provided data carriers or transmitted data. The contractor assumes no warranty or liability for errors in or with such printing devices provided directly or indirectly by the client and for errors in the final product due to faulty data. If the contractor is requested by the client to check these, the contractor will charge separately for the check and any corrections if agreed to by the contractor. If the client wishes the production of the printed product to meet the requirements of a certificate or quality mark, such as the Austrian Ecolabel, this must be communicated to the contractor in writing simultaneously with the order. The client is responsible for the accuracy and completeness of the information provided. The contractor assumes no warranty or liability for the use of certificates or quality marks in or in connection with a printed product by the client if the production according to the certificate’s or quality mark’s requirements was not agreed upon or the information provided was incomplete or incorrect.
  2. Templates (e.g., computer printouts, digital proofs) provided by the client are not binding. It is expressly pointed out that the final product may contain deviations in the sense of section XII. of these terms and conditions.
  3. For data delivered or transmitted by the client or a third party commissioned by the client, the client bears the costs for all exposures or prints caused by the file. Data processing is only carried out upon the client’s explicit request and will be billed separately.
  4. The obligation to back up data lies solely with the client. The contractor is nevertheless entitled to make a copy.
  5. The contractor is entitled to charge all costs related to the checking and storage of the provided material.
  6. Packaging material and the usual waste from trimming, punching, printing setup, and printing process become the property of the contractor with processing unless otherwise agreed.

IX. CORRECTIONS BEFORE DECLARATION OF READINESS FOR PRINTING (“PRINT READY”)/CHANGES

  1. Before printing, the print result is simulated by suitable methods free of charge (e.g., correction PDF). Upon the client’s explicit request, a proof print or trial print is made for a fee. However, the contractor is entitled to make a proof print or trial print at its expense even without the client’s request.
  2. The client is obliged to approve the simulated print result before production begins (declaration of print readiness or “print ready”). The contractor may set the client a reasonable period for reviewing the simulated print results, after which the declaration of print readiness is deemed to have been given. From the declaration of print readiness, the contractor is only liable for defects originating from production steps after the declaration of print readiness. The same applies if comparable approval declarations are made in the production process. The contractor is not liable for damages resulting from a delayed declaration of print readiness by the client.
  3. Typesetting, printing, and other errors will be corrected free of charge if caused by the contractor. Changes compared to the print template will be billed to the client based on the time spent. Changes ordered by telephone, fax, or email are carried out by the contractor without warranty or liability for their correctness. If the client requests changes or corrections via email, the client must notify the contractor immediately by telephone. This applies particularly to subsequent changes to already printed correction proofs.
  4. The contractor is not obliged to check the order data or the simulated print result. Exceptions are obvious errors that are immediately recognizable without further examination. If one party notices an error, it must notify the other party immediately.
  5. For German spelling, the latest edition of the Duden (“new spelling”) is authoritative.

X. ACCEPTANCE DEFAULT

  1. The client is obliged to accept the contractual goods sent or ready for collection immediately. If they fail to do so, the delivery is considered made on the day the acceptance should have taken place according to the contract. The risk of accidental loss and slight negligent damage to the goods passes to the client at this time.
  2. The contractor is entitled, in the event of acceptance default or if delivery becomes impossible due to force majeure, to store the goods at the client’s expense and risk or to store them with a forwarding agent.

XI. DEFECT NOTIFICATION/WARRANTY

  1. The client is obliged under § 377 UGB to examine the goods immediately upon receipt for any defects. Any defects must be notified to the contractor in writing and specified immediately after discovery. Hidden defects must be notified in writing and specified to the contractor immediately upon discovery but no later than within 3 months of receiving the goods. Defects in part of the delivery do not entitle the client to complain about the entire delivery. If the client violates their obligation to notify defects, they can no longer assert warranty claims, claims for damages due to the defect itself, or claims arising from a mistake about the defect-free condition of the goods.
  2. The warranty period for movable items is three months.
  3. The presumption rule of § 924 ABGB is excluded. The client must prove the defect existed at the time of handover.
  4. The right of recourse under § 933b, second sentence ABGB, expires two years after the contractor’s service.
  5. In the event of a warranty claim, the contractor is obliged at their discretion to either improve or replace (exchange) the goods. The client can only demand a price reduction if the improvement or replacement (exchange) is associated with disproportionately high costs or is impossible, or if the contractor refuses or fails to carry out the improvement or replacement (exchange) within a reasonable period. The client’s right to rescind the contract is limited to cases where the defective goods can no longer be used for their intended purpose.
  6. The contractor’s liability for consequential damages due to defects is excluded unless the contractor or their agents acted with gross negligence or intent. The client must prove gross negligence.
  7. If the order involves refinement work or further processing of printed products, the contractor and their agents are not liable for the resulting impairment of the product to be refined or processed unless the contractor or their agents acted with gross negligence or intent. The client must prove gross negligence.
  8. For partial deliveries, these provisions apply to the delivered part. Defects in part of the delivered goods do not entitle the client to complain about the entire delivery.
  9. Within industry-standard manufacturing tolerances (e.g., paper weight, final format, color) as per section XIII. of these terms and conditions, the client cannot assert warranty claims, claims for damages due to the defect itself, or claims arising from a mistake about the defect-free condition of the goods.
  10. The contractor is not liable for damages caused by improper storage of the products by the client.
  11. If defective printed products can no longer be returned to the contractor, warranty or compensation is only provided if accurate defect documentation according to a recognized quality control method is presented to the contractor. In such a case, the client acknowledges the contractor’s quality documentation based on a recognized quality assurance method.
  12. The contractor reserves the right to inspect defects reported by the client either by themselves or by an expert.
  13. If the client asserts warranty claims, they are not entitled to withhold their performance.

XII. LIMITATION OF LIABILITY

  1. Claims for damages by the client are excluded unless the damage was caused by intentional or grossly negligent conduct. The client must prove gross negligence.
  2. Claims for damages by the client are limited to the order value.
  3. In the event of liability, only monetary compensation can be demanded. Lost profits cannot be claimed.
  4. The preceding paragraphs also apply to claims for damages from the pre-contractual obligation.
  5. The client cannot derive claims for damages from industry-standard deviations as per section XIII. of these terms and conditions.

XIII. MANUFACTURING TOLERANCES/DATA TRANSMISSION BY THE CLIENT

  1. The “Technical Guidelines for the Printing Industry in Austria” regularly published by the Association for Printing & Media Technology, in their version valid at the time of the contract conclusion, become part of the contract. These guidelines define the requirements for data to be transmitted by the client and industry-standard manufacturing tolerances for binding, paper weight, color, etc. Within industry-standard manufacturing tolerances, the client cannot assert warranty claims, claims for damages, or claims arising from a mistake about the defect-free condition of the goods.
  2. If the contractor does not fulfill their obligations under the Technical Guidelines for the Printing Industry in Austria, the client must bear the additional costs incurred by the contractor, and the contractor is not liable for resulting delay damages.
  3. Regarding data transmission, the following regulations apply in deviation from the “Technical Guidelines for the Printing Industry in Austria”: For data provided by the client, the following points additionally apply: The client must provide a composite file according to ISO 15930-3 in PDF format (preferably PDF/X3). Embedded fonts, imported image files, and fine data (OPI) must be provided. Application formats (e.g., InDesign, Quark, Photoshop, etc.) require prior agreement between the client and the contractor. With the data, the contractor must receive a proof print (1:1) and a list of all files transmitted via data carrier or telecommunications facilities (name, date, time) with the used fonts (font name, manufacturer, version number) and the used programs (name, manufacturer, version number). The source profile of the data and the profile of the output print conditions used for the proof print must be provided (ICC profiles). A Ugra/Fogra media wedge CMYK-TIFF must be printed on a digital proof. On the proof print, the client must clearly mark the following details to avoid errors: text, layout, and image changes desired by the client; “placeholders” for images and texts; format with and without bleed (minimum 3 mm); screen frequency and screen type (e.g., frequency modulated) according to the specifications of the relevant part of the ISO 12647 series of standards. To avoid quality reductions, images must be provided by the client as CMYK data. The client guarantees that only licensed fonts (PostScript fonts only) were used to create the data carrier. The costs for checking the data will be charged to the client based on the time spent. If the client does not provide a proof print and a list of files, the contractor will create these and bill the client additionally.

XIV. STORAGE OF PRINTED PRODUCTS AND DOCUMENTS; DATA ARCHIVING

  1. The contractor is not obliged to store printed products, working aids, intermediate products, printing devices (such as exposable data, films, montages, printing plates, printing cylinders, punching dies, papers, etc.), manuscripts, drafts, templates, printing forms, slides, films, data carriers, and other documents as per section XIII.1. after the order has been carried out unless a special agreement has been made; in this case, the client bears the storage costs.
  2. If a special agreement on temporary storage is expressly made, the contractor is only liable for damages to the stored goods if caused by intent or gross negligence. The contractor is not obliged to take out insurance to cover risks for stored goods.
  3. The contractor charges the client for storing finished or semi-finished products according to the current forwarding tariff for business goods. The temporary waiver of the storage fee for a certain period does not constitute a waiver of future storage fees. Billing occurs at the end of each three-month billing period in arrears; if stored for less than three months, billing occurs on the last day of storage. The agreed obligation to store expires if the client does not pay the calculated costs within 4 weeks after the end of the respective three-month billing period.
  4. The contractor is entitled to store the items and documents mentioned in 1. themselves or to have them stored by a third party.

XV. PERIODIC WORK

If the order includes regularly recurring printing work and an end date or notice period is not agreed, the order can only be terminated in writing with a three-month notice period to the end of a calendar quarter.

XVI. INTERMEDIATE PRODUCTS/OWNERSHIP RIGHTS

The operating equipment, working aids, and intermediate products used by the contractor to produce the order, especially typesetting, data carriers, printing plates, lithographs, films, plates, matrices, dies, stereos, and galvanos, and other aids required for the production process (printing devices) and processed data remain the property of the contractor unless otherwise expressly agreed.

XVII. COPYRIGHT

  1. Insofar as the contractor is the owner of the copyright and related rights to the delivered products or parts thereof, the client acquires only the non-exclusive right to distribute the delivered products upon acceptance of the delivery; the usage rights, particularly the reproduction right, remain with the contractor. The contractor has the exclusive right to use the reproduction means (typesetting, processed data, data carriers, films, reproductions, etc.) and printed products (proofs, raw prints, etc.) produced by them to manufacture reproduction copies. The contractor is not obliged to hand over such reproduction means, not even for usage purposes.
  2. The contractor is not obliged to check whether the client is entitled to reproduce the templates of any kind, to process or change them according to the order, or to use them in any other intended manner.
  3. If the client provides fonts or application software to process the data they supplied, the client assures the contractor that they are entitled to pass on the usage rights to this limited extent. The contractor assures the client that these fonts or application software will only be used to process the specific order.

XVIII. RETENTION OF TITLE/OVERSECURITY

  1. The goods remain the property of the contractor until full payment of the underlying claim against the client. In the case of an ongoing account, the reserved ownership is considered security for the contractor’s balance claim. The client is only entitled and authorized to resell the reserved goods if the claim against the third party from the resale passes to the contractor. For products subject to copyright protection, the client is obliged to transfer the usage rights (exploitation rights) to the contractor. The client is not authorized to make other dispositions over the reserved goods. The client must inform the third party that the contractor is entitled to collect and inform the contractor that a claim has been assigned. If the assignment is made by book entry in the client’s books, the contractor must also be informed immediately. If the contractor incurs costs in collecting an assigned claim against the third party, these costs must be reimbursed by the client up to 3% of the amount of the assigned claim.
  2. If the securities provided to the contractor exceed the underlying claims by more than 200% in value, the contractor must release the excess part upon the client’s written request, provided this is not impossible due to the nature of the provided security (e.g., in the case of indivisibility of a pledge).

XIX. RIGHT OF RETENTION

The contractor has a right of retention under § 369 UGB to the templates, slides, clichés, films, reproductions, manuscripts, data carriers, raw materials, and other items delivered by the client as long as the claims arising from the contract have not been fully satisfied by the client.

XX. REFERENCE MENTIONS/OVERPRODUCTION

The contractor is entitled to produce reference products for orders and present them to potential customers.

XXI. IMPRINT

The client must provide the contractor with the information required to create an imprint according to § 24 Mediengesetz when producing a media work within the meaning of the Mediengesetz. Only when all information is provided can the contractor start production. Section VI.5 of these terms and conditions applies accordingly.

XXII. NAME AND TRADEMARK IMPRINT

The contractor is entitled to affix their company name or trademark to the products of the client being executed.

XXIII. INDEMNITY AND HOLD HARMLESS

The client is obliged to fully indemnify and hold the contractor harmless from all claims made by third parties due to violations of obligations from this contract or violations of third-party rights. This includes claims by third parties due to violations of copyright, related rights, other industrial property rights, personal rights, and competition law claims concerning the content of the printed products, including the provided information. The contractor must inform the client of such claims immediately.

XXIV. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION

  1. Austrian substantive law applies. The applicability of the UN Sales Convention is excluded. The contract language is German.
  2. The place of performance for delivery and payment is the contractor’s registered office.
  3. The place of jurisdiction for disputes arising from the respective contract between the contractor and the client is the competent court at the contractor’s place of business.

XXV. WRITTEN FORM CLAUSE

All contract agreements, including subsequent changes, additions, etc., must be in writing to be valid. Oral agreements, such as those made by field staff, are considered not to have been made unless confirmed in writing.

XXIV. DATA PROTECTION/ORDER PROCESSING

If the contractor processes personal data within the scope of an order, the following provisions on order data processing according to Art 28 GDPR are considered agreed between the contractor and the client:

  1. The contractor processes the personal data provided by the client exclusively to fulfill the contract between the contractor and the client for producing printed products. Further data processing is excluded.
  2. The processing concerns the personal data contained in the order data, templates, and other information provided by the client, such as names, addresses, birthdates, email addresses, IP addresses, bank details, license plate numbers, interests, preferences, and photos of persons. The processed personal data and the affected persons are defined by the respective contract between the contractor and the client for producing printed products.
  3. The order data processing ends with the fulfillment of the respective contract between the contractor and the client.
  4. The contractor, as the processor, processes personal data exclusively within the EU/EEA.
  5. The contractor is obliged to process personal data exclusively based on documented instructions from the client, the respective contract, or legal obligations and to comply with all data protection regulations. The contractor will support the client in fulfilling the rights of the data subjects under Chapter III of the GDPR to the best of their ability.
  6. If the contractor considers an instruction from the client unlawful, they must inform the client immediately in writing. The contractor must suspend order processing until the instruction is confirmed or amended. Obvious illegal instructions must not be followed.
  7. After completing the processing and upon the client’s request, the contractor must delete the personal data unless they are legally required to retain it. If requested by the client, the personal data must be returned to them.
  8. The contractor is obliged to treat all disclosed or otherwise made available personal data and information confidentially. The processing results are also covered by this confidentiality obligation.
  9. The contractor must ensure that all persons involved in processing personal data are bound to confidentiality unless they are already subject to a legal obligation of confidentiality. The confidentiality obligation continues even after the termination of the contractor’s activity.
  10. The contractor must ensure that all persons involved in processing personal data are bound to transmit this data only based on instructions unless this obligation already exists by law. Furthermore, the contractor must inform their employees about the applicable transmission instructions and the consequences of violating data secrecy.
  11. The contractor must take appropriate technical and organizational measures to ensure an adequate level of data protection.
  12. The contractor must implement the following technical and organizational measures:
    • Control access to data processing facilities, e.g., through regulated key management;
    • Control access to data processing systems, e.g., through passwords, automatic locking mechanisms, or logging user logins;
    • Control access to data within the system, e.g., through standard authorization profiles on a “need to know” basis or logging accesses;
    • Classify data as secret, confidential, internal, or public;
    • Protective measures to prevent the destruction or loss of personal data, e.g., through storage in safes or security cabinets, storage networks, software, and hardware protection;
    • Protection against unauthorized reading, copying, modification, or removal during data transfers, e.g., through encryption, content filters for incoming and outgoing data;
    • Verification of whether and by whom personal data has been entered, modified, or deleted in data processing systems, e.g., through logging, regulation of access rights;
    • Separation of data processing for different purposes, e.g., through the use of separate databases, tenant separation, separation of customer servers.
  13. The contractor may commission sub-processors based on a contract in the course of their activity. The sub-processor must be subject to the same obligations as the contractor under these terms and conditions.
  14. The contractor will support the client in fulfilling the obligations under Articles 32 to 36 of the GDPR.
  15. The contractor undertakes to provide the client with all details required to demonstrate compliance with the obligations under Art 28 GDPR.

B2C

I. SCOPE

1. The deliveries, services, and offers of the contractor with a client who is a consumer within the meaning of the KSchG (Consumer Protection Act) are made exclusively based on these terms and conditions. These also apply to all future business relationships, even if they are not expressly agreed upon again. 

2. Deviations from these terms and conditions are only effective and binding for the contractor if the contractor expressly confirms them in writing. 

3. Should individual provisions of these GTC be ineffective, the validity of the remaining provisions remains unaffected.

II. CONCLUSION OF THE CONTRACT/PRICES

1. A confirmation of receipt of an order from the client does not yet constitute acceptance. A contract is only bindingly concluded when the contractor sends the goods or a shipping confirmation after receipt of the order or sends an acceptance letter, and this is acknowledged by the client. If the contractor withdraws an acceptance letter before the client acknowledges it, the contract is deemed not concluded.

2. If the contractor is requested by the client to submit an offer, the contract is concluded with the client’s acceptance of the offer.

3. Any change, deviation, or addition to a concluded contract requires the contractor’s written consent to be legally effective.

4. All quoted prices are in EURO. Price quotes are non-binding unless otherwise agreed in writing. The prices quoted by the contractor are subject to the condition that the order data on which they are based remain unchanged. The contractor’s prices are exclusive of VAT and ARA surcharge. The contractor’s prices are ex works. They do not include freight, postage, insurance, and other shipping costs. The prices only include simple packaging (wrapping) of the printed products. If the nature of the print product does not require packaging, it will only be done at the client’s request and expense. If special packaging is requested by the client or necessary due to the goods (cardboard, cartons, pallets, crates), this will be charged separately. If packaging material is returned in perfect condition within 4 weeks, up to two-thirds of the cost price of the packaging material can be credited. The assessment of the perfect condition is the contractor’s responsibility.

5. Minor deviations in the contractor’s acceptance letter from the client’s order must be objected to by the client within 5 working days (Saturday is not a working day) after receipt of the acceptance letter. Otherwise, the contract is deemed concluded according to the acceptance letter.

6. Increases in individual costs (e.g., films, plates, data carriers, paper, cardboard, printing forms, repros, binding materials, data transmission costs, etc.), labor costs, or other costs underlying the order entitle the contractor to charge the client for the resulting price increases even after the contract is concluded, provided they are in reasonable proportion to the total invoice amount and the contractor has no influence on the reason for the price increase. This right of the contractor is expressly authorized by the client.

7. Circumstances according to point 6 can also lead to a subsequent price reduction.

8. Subsequent changes at the client’s request (e.g., also within the scope of so-called purchaser and author corrections), including machine downtime caused thereby, will be charged to the client. Subsequent changes also include repetitions of proof prints requested by the client.

9. Additional costs due to circumstances solely or predominantly attributable to the client’s sphere may be charged by the contractor regardless of their amount. Order changes or additional orders approved by the client will be charged separately.

10. If a cost estimate is based on an order, it is considered non-binding unless expressly agreed otherwise. The working time necessary for preparing a cost estimate will be charged to the client. Cost overruns on a cost estimate with warranty are borne by the contractor. Cost overruns on a cost estimate without warranty may be charged to the client up to 15% of the cost estimate without the client’s consent. The contractor will inform the client of any cost overruns.

11. Design and proof costs as well as costs for final artwork will be charged separately. The same applies to all special requests, such as the production of samples, completion, and packaging of the printing work. Samples and designs made at the client’s request remain the contractor’s property (unless otherwise expressly agreed) and will be charged separately even if the order is not executed.

12. The client bears the costs for data transfers requested by them (e.g., via ISDN).

III. INVOICING

The contractor invoices its deliveries and services on the day they are (even partially) delivered, stored for the client, or held ready for call-off. The contractor is entitled to invoice in part for partial deliveries.

IV. PAYMENT TERMS/SET-OFF

1. Payment (net price plus VAT, ARA surcharge, shipping costs, and other price components) must be made within 30 calendar days from the invoice date. 

2. For the provision of large quantities of paper and cardboard, special materials, or advance payments, the contractor may require advance payments. 

3. The contractor is not obliged to execute the order before the agreed deposit or advance payment is made. Section VI.6 of these GTC applies accordingly. The client is not entitled to set off any counterclaims unless they are expressly acknowledged by the contractor or have been legally established by a court, the contractor is insolvent, or they are legally connected to the client’s obligation. 

4. The contractor is entitled at any time and without the client’s consent to assign claims against the client and/or have them collected by third parties.

V. DEFAULT IN PAYMENT/LOSS OF DEADLINE

1. In case of the client’s default in payment, the contractor may a. insist on the fulfillment of the contract (= payment of the purchase price), or b. withdraw from the contract after setting a reasonable grace period and claim compensation from the client, or c. make all, even not yet due, invoice amounts immediately payable if the client is in default with payments for more than 6 weeks and has already been reminded with a grace period of 2 weeks. 

2. At the time of the opening of insolvency proceedings over the client’s assets, the contractor has the right to demand immediate payment of all, even not yet due, invoices. 

3. The contractor also has the right to make further work on ongoing orders dependent on partial payments. Furthermore, the contractor has the right to withhold the goods not yet delivered and to stop further work on ongoing orders if the partial payments are not made. Section VI.6 of these GTC applies accordingly. 

4. In the event of default in payment, default interest of 4.0% above the base interest rate applicable on the first day of default is payable. This does not exclude the assertion of further default damages. 

5. The client undertakes to reimburse the contractor for dunning and collection costs incurred due to the client’s fault, insofar as they are necessary for appropriate legal prosecution and are proportionate to the underlying claim. If the contractor conducts the dunning process itself, the client undertakes to pay an amount of €15 net per successful reminder and an amount of €5 net per half-year for the maintenance of the debt relationship in the dunning process. Additionally, any further damage, especially that arising from higher interest on possible credit accounts on the contractor’s side due to non-payment, is to be compensated if the client is at fault for the payment delay.

VI. DELIVERY TIME/DELIVERY DELAY

1. Unless otherwise agreed, the delivery period begins at the latest of the following dates:

– Date of receipt of the acceptance letter by the client,

– Date of fulfillment of all obligations necessary for the start of the order by the client, or – Date on which the contractor receives an agreed advance payment. The delivery period ends on the day the goods leave the contractor’s premises. 

2. Agreed delivery times are approximate dates unless they have been expressly confirmed in writing as fixed dates. If the client does not fulfill their cooperation obligations or does not do so on time, the contractor is not liable for adhering to the agreed delivery date and any resulting damages. This also applies in the case of subsequent order changes by the client. Moreover, the contractor is entitled to compensation for additional costs incurred due to the client’s failure to cooperate. 

3. The delivery time is interrupted for the duration of the examination of sent brush proofs, proofs, or sample copies by the client. Section VI.6 of these GTC applies accordingly. 

4. In the event of a delivery delay, the client can primarily only demand fulfillment by setting a reasonable grace period and declare withdrawal from the contract only after the expiry of this grace period. The grace periods must be appropriate to the type and scope of the order. 

5. In the event of force majeure or other unforeseeable, extraordinary, and non-culpable circumstances (e.g., difficulties in material procurement, operational disruptions, strikes, lockouts, lack of transport means, official interventions, supply difficulties) – even if they occur at suppliers – the delivery period is extended appropriately if the contractor is prevented from fulfilling its obligations on time. If delivery or performance becomes impossible or unreasonable due to the circumstances, the contractor is released from the delivery obligation. If the delivery delay lasts longer than two months, the client is entitled to withdraw from the contract. If the delivery time is extended or the contractor is released from the delivery obligation, the client cannot derive any claims for damages from this. If the contractor is released from its performance obligation, it is obliged to deliver the goods produced up to that point and the client is obliged to pay for them proportionally according to the originally agreed invoice amount. The contractor can only invoke the circumstances if it notifies the client immediately. 

6. If adherence to the delivery time depends on the client’s cooperation (e.g., provision of error-free data, work documents, examination of intermediate results, etc.) and the client does not fulfill their obligations, the contractor is not liable for any resulting delay damages.

VII. DELIVERY/TRANSFER OF RISK

1. Deliveries are made ex works of the contractor at the client’s expense. The risk passes to the client upon handing over the goods to the client or a third person determined by the client who is not the carrier. If the dispatch is delayed at the client’s request, the risk passes to them upon notification of readiness for dispatch. Transport insurance will only be taken out at the client’s express request and expense. 

2. If the client has concluded a transport contract himself without using the options suggested by the contractor, the risk passes to the client upon handing over the goods to the carrier.

VIII. SUPPLIED MATERIALS AND DATA

1. Materials supplied by the client, such as templates, clichés, films, data carriers of all kinds, paper, etc., must be delivered carriage paid to the contractor’s premises. The contractor has no obligation to inspect and warn regarding the materials, data (e.g., via ISDN), and printing devices supplied or transmitted by the client or a third party commissioned by them, such as provided typesetting, clean copies, disks, films, etc. In particular, the contractor does not check the correctness of the stored data (texts, images, certifications) on supplied data carriers or transmitted data. The contractor assumes no warranty and liability for errors in and with such printing devices supplied directly or indirectly by the client and for errors in the final product resulting from defective data. If the client requests an inspection by the contractor, and the contractor agrees, this and any corrections will be charged separately. If the client wishes the production of the printed product according to the requirements of a certificate or quality mark, such as the Austrian eco-label, this must be communicated in writing to the contractor simultaneously with the order placement, and the client is liable for the accuracy and completeness of the information provided. The contractor does not guarantee and is not liable for the use of certificates or quality marks in or in connection with a printed product by the client if the production according to the requirements of this certificate or quality mark has not been agreed or the information provided was incomplete or incorrect. 

2. Templates underlying the order (e.g., computer printouts, digital proofs) provided by the client are non-binding. It is expressly pointed out that the final product may contain deviations within the meaning of Section XII of these GTC. 

3. In the case of data supplied or transmitted by the client or a third party commissioned by them, the client bears the costs for all exposures or prints caused by the file during mere output. Data processing only takes place at the client’s express request and will be charged separately. 

4. The client is solely responsible for data backup. The contractor is entitled to make a copy regardless. 

5. The contractor is entitled to charge all costs associated with the inspection and storage of the supplied material. 

6. Packaging material as well as the usual waste from trimming, punching, printing setup, and printing process become the contractor’s property upon processing unless otherwise agreed.

IX. CORRECTIONS BEFORE DECLARING PRINT-READY (“GOOD TO PRINT”)/CHANGES

1. Before printing, the print result is simulated using appropriate methods at no charge (e.g., correction PDF). At the client’s express request, a chargeable proof or sample print will be produced. However, the contractor is entitled to create a proof or sample print at their expense even without the client’s request. 

2. The client is obliged to approve the simulated print result (print-ready declaration or “Good to Print”) before production begins. The contractor can set the client a reasonable period for examining the simulated print results, after which the print-ready declaration is considered given. From the print-ready declaration, the contractor is only liable for defects arising from production steps after the print-ready declaration. The same applies if comparable approvals are given during the production process. The contractor is not liable for damages resulting from a delayed print-ready declaration by the client. 

3. Typesetting, printing, and other errors are corrected free of charge if they are the contractor’s fault. Changes to the print template will be charged to the client based on the time spent. Changes ordered by telephone, fax, or email will be carried out by the contractor without warranty and liability for their correctness. If the client requests changes or corrections via email, the client is obliged to notify the contractor of this email by phone immediately. This applies to subsequent changes to already printed proofs. 

4. The contractor is not obliged to inspect the order data or the simulated print result. This only applies to obvious errors that are immediately recognizable without closer inspection (e.g., spelling errors in the headline on the cover page). If one party notices an error, they must immediately inform the other party. 

5. The latest edition of the Duden (“new spelling”) is decisive for German spelling.

X. ACCEPTANCE DEFAULT

1. The client is obliged to accept the goods sent in accordance with the contract or made available for collection immediately. If they do not fulfill this obligation, the delivery is considered to have been made on the day the acceptance should have been carried out according to the contract. The risk of accidental loss and minor negligent damage to the goods passes to the client on this day. 

2. The contractor is entitled, in the case of acceptance default or also in the event of delivery impossibility caused by force majeure, to store the goods at the client’s expense and risk or to have them stored by a third party.

XI. WARRANTY

1. In the event of a warranty claim, the contractor is obliged to improve or replace (exchange) at their discretion. The client can only demand a price reduction if the improvement or replacement (exchange) is associated with disproportionately high costs for the contractor or is impossible, or if the contractor refuses the improvement or replacement (exchange) or does not carry it out within a reasonable period. Rescission by the client is limited to cases where the defective goods can no longer be used for the intended purpose. 

2. The contractor’s liability for consequential damages is excluded unless the contractor or its vicarious agents can be accused of gross negligence or intentional behavior. 

3. If the order involves wage finishing work or the further processing of printed products, the contractor and its vicarious agents are not liable for the resulting impairment of the product to be finished or further processed unless the contractor or its vicarious agents act with gross negligence or intent. 

4. In the case of partial delivery, these provisions apply to the delivered part. Defects in part of the delivered goods do not entitle the client to object to the entire delivery. 

5. Within industry-standard manufacturing tolerances (e.g., paper weight, final format, color) according to Section XIII of these GTC, the client cannot assert claims for warranty, compensation for the defect itself, or from a mistake about the defect-free condition of the goods. 

6. The contractor is not liable for damages caused by improper storage of the products by the client.

XII. LIMITATIONS OF LIABILITY

1. The contractor’s liability for property damage is excluded unless the damage was caused by intentional or grossly negligent conduct. 

2. Liability for lost profits is excluded in the case of slight negligence. 

3. The previous paragraphs also apply to claims for damages from the pre-contractual obligation. 

4. The client cannot derive any claims for damages from industry-standard deviations according to Section XIII of these GTC.

XIII. MANUFACTURING TOLERANCES/DATA TRANSMISSION BY THE CLIENT

1. The regularly published “Technical Guidelines for the Printing Industry in Austria” by the Verband Druck & Medientechnik in their version applicable at the time of the contract conclusion are part of the contract. The guidelines define the requirements for the data to be transmitted by the client as well as industry-standard manufacturing tolerances regarding gluing, paper weight, color, etc. Within industry-standard manufacturing tolerances, the client cannot assert claims for warranty, damages, or mistake. 

2. If the contractor does not fulfill its obligations according to the Technical Guidelines for the Printing Industry in Austria, the client bears the additional costs incurred by the contractor and the contractor is not liable for resulting delay damages. 

3. Regarding data transmission, the following regulations apply in deviation from the “Technical Guidelines for the Printing Industry in Austria”: For the acceptance of data provided by the client, the following points apply additionally: The client must provide a composite file according to ISO 15930-3 in PDF format (preferably PDF/X3). The document’s fonts must be embedded, imported image files, and fine data (OPI) must be supplied. Application formats (e.g., InDesign, Quark, Photoshop, etc.) require prior agreement between the client and the contractor. With the data, the client provides the contractor with a proof (1:1) and a list of all files transmitted via data carrier or telecommunications facilities (name, date, time) with the used font fonts (name of the font, manufacturer, version number) and the used programs (name, manufacturer, version number). The source profile of the data and the profile used for the proof output conditions must be provided (ICC profiles). A Ugra/Fogra media wedge CMYK-TIFF must be printed on a digital proof. The client must clearly mark the following details on the proof to avoid errors: text, layout, and image changes desired by the client; “placeholders” for images and texts; format with and without bleed (minimum 3 mm); screen frequency and screen type (e.g., frequency-modulated) according to the specifications of the respective part of the ISO 12647 standard. To avoid quality impairments, images must be delivered as CMYK data by the client. The client guarantees that only licensed fonts (only PostScript fonts) are used to create the data carrier. The client is charged for the costs of checking the data according to the time spent. If the client does not provide a proof and a list of files, the contractor will create these and charge the client additionally.

XIV. STORAGE OF PRINT PRODUCTS AND DOCUMENTS; DATA ARCHIVING

1. The contractor is not obliged to store print products, work tools, intermediate products, printing devices (such as printable data, films, assemblies, printing forms, printing cylinders, punching forms, papers, etc.), manuscripts, designs, templates, printing forms, slides, films, data carriers, and other documents within the meaning of Section XIII.1 after completing the order, unless a special agreement has been made; in this case, the client bears the storage costs. 

2. If a special agreement on temporary storage according to point 1 is expressly agreed upon, the contractor is only liable for damage to the goods during storage in cases of intent and gross negligence. The contractor is not obliged to take out insurance to cover risks to stored goods. 

3. The contractor charges the client for the storage of finished or semi-finished products according to the current freight tariff for business goods. Temporary waiver of storage fees for a certain period does not constitute a waiver of future storage fees. The calculation is made retrospectively at the end of each three-month billing period. The agreed storage obligation expires if the client does not pay the calculated costs within 4 weeks after the end of the respective three-month billing period. 

4. The contractor is entitled to store the products and documents mentioned in point 1 either himself or to have them stored by a third party.

XV. PERIODIC WORK

If the order includes the execution of regularly recurring printing work and no end date or notice period is agreed upon, the order can only be terminated by written notice with a three-month notice period at the end of a calendar quarter.

XVI. INTERMEDIATE PRODUCTS/OWNERSHIP RIGHT

The contractor’s operational equipment, work tools, and intermediate products used to execute the order, typesets, data carriers, printing plates, lithographs, films, plates, matrices, punches, stereos, and galvanos, and other aids required for the production process (printing devices) and processed data remain the contractor’s property unless otherwise expressly agreed.

XVII. COPYRIGHT

1. Insofar as the contractor himself owns the copyrights and related rights to the delivered products or parts thereof, the client acquires only the non-exclusive right to distribute the delivered products upon acceptance of the delivery; otherwise, the usage rights, particularly the reproduction right, remain with the contractor. The contractor has the exclusive right to use the reproduction means (typesetting, processed data, data carriers, films, repros, etc.) and print products (proofs, rough prints, etc.) he has created to manufacture reproduction pieces. He is not obliged to hand over such reproduction means, even for usage purposes. 

2. The contractor is not obliged to check whether the client has the right to reproduce the templates of any kind, to process or alter them according to the order, or to use them in the intended manner. 

3. If the client provides fonts or application software to process the data supplied by them, the client assures the contractor that they are authorized to pass on the usage rights to the contractor to this limited extent. The contractor assures the client that he will only use these fonts or application software to process the specific order.

XVIII. RETENTION OF TITLE/OVERSECURITY

1. The goods remain the contractor’s property until full payment of the contractor’s underlying claim against the client. In the case of a current account, the retained title serves as security for the contractor’s balance claim. The client is only entitled and authorized to resell the goods subject to retention of title if the claim against the third party from the resale is transferred to the contractor. The client is not entitled to dispose of the goods subject to retention of title otherwise. The client must inform the third party that the contractor is entitled to collect the claim and, on the other hand, inform the contractor that a claim has been assigned to them. If the assignment is made by booking entry in the client’s books, the contractor must also be informed immediately. If the contractor incurs costs in collecting a claim assigned to them against the third party, these are to be reimbursed by the client up to X% of the assigned claim. 

2. If the securities provided to the contractor exceed the underlying claims by more than 200% in value, the contractor must release the excess part upon the client’s written request, provided this is not impossible due to the provided security (e.g., indivisibility of a pledge).

XIX. RIGHT OF RETENTION

The contractor has a right of retention on templates, slides, clichés, films, and repros, manuscripts, data carriers, raw materials, and other items delivered by the client until the contractor’s claims arising from the respective contract are fulfilled.

XX. REFERENCE PRODUCTS/OVERPRINTING

The contractor is entitled to produce reference products from orders and present them to potential customers.

XXI. IMPRINT

The client must provide the contractor with the information required to create an imprint according to § 24 Mediengesetz when producing a media work within the meaning of the Mediengesetz. Production can only begin once all information is available. § 7 Abs 3 of these GTC applies accordingly.

XXII. NAME AND BRAND PRINT

The contractor is entitled to print his company name or brand designation on the client’s products executed.

XXIII. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION

1. Austrian substantive law applies. The applicability of the UN Sales Convention is excluded. The contract language is German. 

2. The place of performance for delivery and payment is the contractor’s registered office. 

3. The jurisdiction for the contractor’s lawsuits is, at the contractor’s choice, either the contractor’s registered office or the general jurisdiction of the client; for lawsuits against the contractor, the exclusive general jurisdiction of the contractor’s registered office applies.

XXIV: WRITTEN FORM CLAUSE

All contractual agreements, including subsequent changes, additions, etc., must be in writing to be valid. Oral agreements, e.g., by field staff, are considered not made unless confirmed in writing.

XXV. DATA PROTECTION/ORDER PROCESSING

If the contractor processes personal data in the context of an order, the following regulations on order data processing according to Art 28 DSGVO are agreed between the contractor and the client. 

1. The contractor processes the personal data provided by the client solely for fulfilling the contract between the contractor and the client to produce printed products. Any further processing of the data is excluded. 

2. The processing concerns the personal data contained in the order data, templates, and other information provided by the client, such as names, addresses, birth dates, email addresses, IP addresses, bank data, license plates, interests, preferences, and photos of persons. The personal data to be processed and the persons concerned are determined by the respective contract between the contractor and the client to produce printed products. 

3. Order data processing ends with the fulfillment of the respective contract between the contractor and the client. 

4. The contractor, as a processor, processes personal data exclusively within the EU/EER. 

5. The contractor undertakes to process personal data solely based on documented instructions from the client, the respective contract, or a legal obligation, while complying with all data protection regulations. The contractor will support the client in protecting the rights of the data subjects according to Chapter III of the DSGVO. 

6. If the contractor considers an instruction from the client to be unlawful, he must inform the client in writing immediately. Until the instruction is confirmed or modified, the contractor must suspend order processing/execution. Obviously unlawful instructions do not need to be followed. 

7. Upon completion of the processing and at the client’s request, the contractor must delete the personal data unless there is a legal obligation to retain them. If the client requests, the personal data must be returned to them. 

8. The contractor is obliged to treat the disclosed or otherwise provided personal data and information confidentially. This confidentiality obligation also extends to the processing results. 

9. The contractor must obligate all persons entrusted with processing personal data to confidentiality, provided they are not already subject to a legal duty of confidentiality. The confidentiality obligation continues after the activity for the contractor ends. 

10. The contractor must ensure that all persons entrusted with processing personal data are obliged to transmit this data only based on instructions unless there is a legal obligation to do so. Furthermore, the contractor must inform its employees about the applicable transmission instructions and the consequences of a breach of data secrecy. 

11. The contractor must take appropriate technical and organizational measures to ensure an adequate level of data protection. 

12. In particular, the contractor must implement the following technical and organizational measures: 

    • Control access to data processing facilities, e.g., through regulated key manage
    • Control of access to data processing facilities, e.g., by regulated key management; 
    • Control of access to data processing systems, e.g., by passwords, automatic locking mechanisms, or logging user logins; 

    • Control of access to data within the system, e.g., by standard permission profiles on a “need to know” basis or logging access; 

    • Classification of data as secret, confidential, internal, or public; 

    • Protective measures to prevent destruction or loss of personal data, e.g., by storing in a safe or secure cabinets, storage networks, software and hardware protection; 

    • Protection against unauthorized reading, copying, modifying, or removing during data transmissions, e.g., by encryption, content filters for incoming and outgoing data; 

    • Checking whether and by whom personal data has been entered, modified, or deleted in data processing systems, e.g., by logging, regulation of access permissions; 

    • Separation of data processing for different purposes, e.g., by using separate databases, client separation, separation of customer servers. 

13. The contractor may commission sub-processors based on a contract. The sub-processor must be subject to the same obligations as those applicable to the contractor under these GTC. 

14. The contractor will assist the client in fulfilling the obligations specified in Articles 32 to 36 DSGVO. 

15. The contractor undertakes to inform the client of all details required to demonstrate compliance with the obligations according to Art 28 DSGVO.

Ferdinand Berger & Söhne Ges.m.b.H.

Wienerstraße 80,  A-3580 Horn

Tel: +43 2982 41 61-0

Mail: office@berger.at