General Terms and Conditions

General Terms and Conditions (Payment and Delivery Conditions) for the graphics industry. Updated: November 2019

B2B

I. SCOPE

1. Any deliveries, services, and offers made by the Contractor to a Client (unless the Client is considered a Consumer under the Austrian Consumer Protection Act) are made solely on the basis of these terms and conditions of business. These terms also apply for all future business relationships, even if they are not expressly and separately stipulated. Any counterclaims by the Client with regards to the Client’s own terms and conditions are hereby rejected.

2. Any deviations from these terms and conditions are only effective and binding for the Contractor if the Contractor expressly confirms them in writing.

3. If any individual provisions of these Terms and Conditions become invalid, this will not affect the validity of the other provisions.

II. CONCLUSION OF THE CONTRACT/PRICES

1. Acknowledgment of receipt of the Client’s order does not constitute acceptance. The contract will only become legally binding once the Contractor, after receiving the order, delivers the products, or sends a shipping confirmation or a letter of acceptance, and the Client is made aware of this. If the Contractor withdraws the letter of acceptance before the Client receives it, the contract is not deemed concluded.

2. If the Client requests that the Contractor submits an offer, the contract is deemed concluded when the Client accepts this offer.

3. Contractual declarations made electronically are deemed to have been received by the Client on the day after the Contractor sent them.

4. Any changes, deviations, or additions to a signed contract will only become legally binding with the written approval of the Contract .

5. All prices are indicated in Euros. Price quotations are non-binding unless otherwise agreed in writing. The prices offered by the contractor apply under the condition that the details of the project which forms the basis of the offer remain unchanged. The prices offered by the contractor include value-added tax and ARA surcharges. The Contractor’s prices are given ex works. They do not include freight, postage, insurance, and other shipping costs. The prices only include simple packaging (wrapping) for the printed materials. If the nature of the printed materials means that no packaging is necessary, packaging will only be provided at the Client’s request and expense. If the Client requests a particular type of packaging, or if packaging is necessary based on the products (cardboard, box, pallet, crate), it will be billed separately. If the packaging is returned in good condition within 4 weeks, at no shipping cost, up to two thirds of the packaging materials’ net cost price will be credited to the Client. The Contractor is responsible for assessing whether the materials are in good condition.

6. The Client must report any minor deviations between the Contractor’s letter of acceptance and the Client’s order within 5 business days (Saturday is not a business day) after receipt of the letter of acceptance. Otherwise, the letter of acceptance will constitute the basis for the contract.

7. The Contract may increase the price invoiced to the Client to reflect any increases in direct expenses (e.g. films, plates, data storage devices, paper, cardboard, printing forms, reproductions, book-binding material, costs of data transmission, etc.), personnel costs, or other costs which form the basis of the order, even after the contract has been concluded, provided that these are in reasonable proportion to the total invoice amount and that the Contractor has no influence the increased direct expenses. The Client expressly recognizes the right of the Contractor to do so.

8. Any subsequent changes initiated by the Client (e.g. including corrections by purchasers or authors), including the resulting machine downtime, will be billed to the Client. Subsequent changes include the Client’s requests for re-prints of sample proofs.

9. The Contractor may bill the Client for any added costs which arise from circumstances resulting solely or mainly from the Client’s sphere, regardless of their amount. Amendments to the contract or additional orders which the Client approves in writing will be invoiced separately.

10. If an order is based on a price quote, this price is not guaranteed unless otherwise expressly agreed. The Client will be billed for the work hours required to draw up a price quote. The Contractor will bear any excess costs which exceed a guaranteed price quote. For price quotes with no guarantee, excess costs up to 15% of the price quote may be billed to the Client without prior approval. The Contractor will inform the Client of all costs exceeding the price quote.

11. Drafting and printing costs, as well as final artwork costs, will be invoiced separately. This also applies to any other special requests, e.g. preparing samples or finalizing and packaging printed materials. Samples and drafts prepared at the Client’s request will remain the property of the Contractor (unless otherwise expressly agreed) and will be billed separately, even if the order is not completed.

12. The Client shall bear the costs of any data transfers requested by the Client (e.g. via ISDN).

III. INVOICING

The Contractor will invoice shipments and services on the day on which they are delivered (in whole or in part), stored, or made available to the Client. The Contractor has the right to issue partial invoices for partial deliveries.

IV. PAYMENT TERMS

1. The payment (net price plus VAT, ARA surcharges, shipping costs, and other price elements) must made within 30 calendar days of the invoice date, without deduction. The contractor will apply a 2% discount to the net price for payments made within 14 calendar days after the invoice date. Bills of exchange and checks will only be accepted by special agreement and considered as payment with confirmation from the bank. Refinancing costs and expenses are the responsibility of the Client. These must be paid by the Client immediately. The Contractor is not responsible for the timely presentation, protest, notification and return of a bill of exchange if it is not cashed, provided that the Contractor or any persons employed by the Contractor did not act with intent or in gross negligence. For bank transfers, the invoice amount must be made available to the account indicated by the Contractor for timely payment.

2. The Contractor may request advance payment for the provision of large quantities of paper and cardboard, special materials, or preliminary work.

3. The contractor has no obligation to carry out an order before a determined deposit or advance payment is made. Article VI.5 The provisions of these terms and conditions apply accordingly.

4. The Client may only set off claims that are recognized as undisputed or legally established. The Client is not entitled to retention or set-off rights.

V. DEFAULT OF PAYMENT

1. In the case of delayed payment by the Client, the Contractor may
a. insist on fulfillment of the contract (= payment of the purchase price), or
b. withdraw from the contract following a reasonable grace period and demand damages from the Client, or
c. make all invoice amounts due immediately, including for those invoices not yet due, if the Client is more than 6 weeks in arrears and has already been reminded with a 2-week grace period.

2. Upon the opening of bankruptcy proceedings against the Client’s assets, the Contractor has the right to demand immediate payment for all invoices, including those not yet due.

3. Moreover, the Contractor also has the right to make further work on current orders dependent on pro-rata payments. Furthermore, the Contractor has the right to withhold products that have yet to be delivered, as well as to cease work on current orders if the Contractor fails to pay the pro-rata payments. Article VI.5 The provisions of these terms and conditions apply accordingly.

4. In the event of default in payment, default interest of 9.2% p.a. will be applied; in the case of a delay in payment through no fault of the Client, interest of 4.0% p.a. above the base rate applicable on the first day of the default in payment will be applied. This does not preclude the assertion of further default damages.

5. In the case of delayed payments, the Client agrees to reimburse Contractor for any reminder and collection fees incurred, insofar as they are necessary for appropriate legal prosecution. If the Contractor issues these reminders himself, the client agrees to pay an amount of € 15 net for each reminder and an amount of € 5 net every six months for keeping records regarding the debt obligation in the dunning process. Furthermore, if the Client is to blame for the delay in payment, he will also pay for any additional damages, especially damages which arise from the fact that, as a result of non-payment, any of the Contractor’s credit accounts accrue correspondingly higher interest.

VI. DELIVERY PERIOD/DELIVERY DELAYS

1. Unless otherwise agreed, the delivery period begins at the latest of the following dates:
– the date on which the Client receives the letter of acceptance, or
– The date upon which the Client completes all obligations necessary for the order to begin, or
– The date upon which the Contractor receives a determined deposit.
The delivery period ends on the day on which the wares leave the Contractor’s premises.

2. Agreed delivery dates are approximate deadlines unless they are expressly agreed in writing to be binding deadlines. If the Client does not carry out his cooperation duties, or does not perform them in time, the Contractor is not responsible for upholding the agreed delivery deadline or any resulting damages. This also applies if the Client requests subsequent changes to the order. Furthermore, the Contractor may request reimbursement for any costs incurred through the Client’s failure to cooperate.

3. The delivery period is interrupted for the time required for the Client to check consigned galleys, proofs, or type samples. Article VI.5 The provisions of these terms and conditions apply accordingly.
In the case of delayed delivery, the Client must first request delivery within a reasonable grace period, and may only withdraw from the contract only after allowing an additional grace period. The grace periods must be proportionate to the nature and scope of the order.

4. In the event of force majeure or other unforeseeable, extraordinary, or involuntary circumstances (e.g. difficulties procuring materials, disruptions in operations, strikes, lockouts, lack of means of transport, intervention by the authorities, energy supply problem) – even if they occur with vendors or subcontractors – the delivery period is extended to a reasonable extent if the Contractor is prevented from fulfilling his obligations on time. The Contractor is released from his contractual obligation to provide services or deliver products if the circumstances described above pose an undue burden or make them impossible. If services are delayed for more than two months, the Client is entitled to withdraw from the contract. If the delivery period is extended, or if the Contractor is released from his contractual obligations, the Client is not entitled to any claims for indemnification. If the Contractor is released from his contractual obligations, he remains obligated to deliver any products which have already been manufactured, and the Client is obligated to make the partial payment which corresponds to the originally agreed invoice amount. The Contractor may only invoke the circumstances described above by immediately notifying the Client.

5. If the Contractor’s ability to uphold the agreed delivery deadline depends on the Client’s cooperation (e.g. providing correct information, work documents, checking interim results, etc.), and the latter does not carry out these duties, the Contractor is not liable for any damages caused by delays.

VII. DELIVERY/TRANSFER OF RISK

1. Materials provided by the Client, such as originals, photographs, films, data carriers of any kind, paper, etc. are to be delivered to the Contractor free of charge. The Contractor is not obligated to check or provide any warnings about the materials, information, (e.g. ISDN), or print components provided by the Client or by third parties commissioned on the Client’s behalf, such as typesetting, final proofs and the like, disks, films, etc. In particular, if the Client provides data carriers and/or transfers data to the Contractor, the Contractor will not verify these files (text, images) for accuracy. The Contractor accepts no liability and provides no guarantee for errors in and with materials for print provided directly or indirectly by the client, or errors in the final product which result from receiving defective data. If the Client requests that the Contractor checks these materials, and the Contractor agrees to perform such checks, this service as well as any corrections will be billed separately.

2. Industry-standard, production-related over- and under-deliveries are permitted up to 3% for less complex orders, up to 6% for medium and highly complex work, and will be charged proportionally based on the production run (increase or decrease to the agreed net price). If materials are provided, the tolerance rates of the supplier industry will also be taken into account. The “Technical Guidelines for Austrian Printing Industry” by the Print & Media Trade Association will apply when classifying projects.

VIII. SUPPLIED MATERIALS AND INFORMATION

1. Materials provided by the Client, such as originals, photographs, films, data carriers of any kind, paper, etc. are to be delivered to the Contractor free of charge. The Contractor is not obligated to check or provide any warnings about the materials, information, (e.g. ISDN), or print components provided by the Client or by third parties commissioned on the Client’s behalf, such as typesetting, final proofs and the like, disks, films, etc. In particular, if the Client provides data carriers and/or transfers data to the Contractor, the Contractor will not verify these files (text, images) for accuracy. The Contractor accepts no liability and provides no guarantee for errors in and with materials for print provided directly or indirectly by the client, or errors in the final product which result from receiving defective data. If the Client requests that the Contractor checks these materials, and the Contractor agrees to perform such checks, this service as well as any corrections will be billed separately.

2. Templates provided by the Client to form the basis of the order (e.g. computer print-outs, digital proofs) are not binding. The Client is expressly advised that the end product may contain deviations in accordance with section XII of these terms and conditions.

3. For information provided or transmitted by the Client or a third party commissioned by the Client, the Client is responsible for the costs of all exposures or prints made as reproductions deriving from these files. The files will only be processed at the Client’s express request and will be invoiced separately.

4. The Client is solely responsible for creating data back-ups. Independently of this, the Contractor is permitted to make copies.

5. The Contractor is entitled to bill the Client for all costs relating to the verification and storage of materials provided.

Packing materials, as well as the waste normally generated from trimming, punching out, printing, and production, become the property of the Contractor as they are processed, unless otherwise expressly agreed.

IX. CORRECTIONS BEFORE THE ORDER TO PRINT (“GOOD FOR PRINTING”)/CHANGES

1. Before the print run begins, a sample of the final product will be prepared, free of cost, through the appropriate methods (e.g. a PDF proof). At the Client’s express request, a printed proof or test print may be prepared for a fee. However, the Contractor also has the right to prepare a printed proof or test print, without the Client’s request, at the Contractor’s own expense.

2. The Client must approve the sample (“Good to Print” or order to print) before production may begin. The Contractor may give the Client an appropriate deadline for verifying the sample, after the expiry of which the order to print will be deemed granted. After the order to print is issued, the Contractor will only be held liable for defects that arise from the steps in production which follow the order to print. The same applies if comparable declarations of release are issued at other points in the production process. The Contractor is not liable for damages which arise from a delay on the part of the Client in issuing the order to print.

3. Typographical errors, misprints, and other errors that are the fault of the Contractor will be corrected free of charge. Modifications to the print template will be billed to the Client based on the work costs incurred. The Contractor will not be liable for the accuracy of changes implemented in accordance with requests made by telephone, fax, or e-mail. If the Client sends changes or corrections via e-mail, the Client must immediately inform the Contractor of the e-mail by telephone. This especially applies to corrections made subsequent to printed proofs.

4. The Contractor has no obligation to inspect the order data or the printed proof. With the exception of obvious errors that can be identified without the need for closer examination. f either party identifies an error, this party must promptly inform the other contracting party.

5. German language proofreading is carried out with the latest applicable edition of the Duden (“neue Rechtschreibung”) German dictionary.

X. DEFAULT IN ACCEPTANCE

1. The Client is obligated to accept products which are delivered or made available for pick-up in accordance with the contract without delay. If the Client fails to comply with this obligation, the delivery is deemed to have been completed on the day on which the Client was to accept it according to the contract. Any risk of accidental loss or minor negligent damage concerning the products is thus transferred to the Client.

2. The Contractor is entitled to store the products himself or with a freight forwarder, at the Client’s expense, if he foresees delays in acceptance or if circumstances caused by force majeure arise which would make their delivery impossible.

XI. NOTIFICATION OF DEFECTS / WARRANTY

1. In accordance with Section 377 of the Austrian Enterprise Code, the Client is obligated to verify the products for any defects promptly after receiving them. Any defects identified must be reported to the Contractor immediately, in writing. Hidden defects must be reported to the Contractor in writing immediately after their discovery, no later than 3 months of receiving the products.

2. The warranty period for movable goods is three months.

3. The presumption provision of Section 924 of the Austrian Civil Code (ABGB) is excluded. The Client must prove that the defects were present at the time of handover.

4. The right of recourse, according to Section 933b, second sentence of the Austrian Civil Code (ABGB), expires two years after the performance of the service by the Contractor.

5. In the event of a warranty claim, the Contractor is obligated to choose between improvement or replacement (exchange). The Client may only request a reduction in price if the improvement or delivery of a replacement (exchange) causes an undue burden or is impossible for the Contractor, or if the Contractor refuses to improve or replace (exchange) the products and/or does not do so within an appropriate period. The Client may only request these changes, however, in cases in which the defective products can no longer be used for their intended purpose.

6. The liability of the Contractor is excluded for any consequential damages except if the Contractor or his employees can be accused of gross negligence or willful conduct. The Client must provide evidence indicating gross negligence.

7. If the order includes commissioning the enhancement or further processing of printed materials, the Contractor and his employees are not liable for any deterioration caused to these materials through their enhancement or further processing, unless the Contractor or his employees act with gross negligence or intent. The Client must provide evidence indicating gross negligence.

8. For partial deliveries, these provisions apply to the delivered parts. Defects in one part of a delivery shall not entitle the Client to object to the entire delivery.

9. The Client may not make a warranty claim or request compensation for defects that fall within the industry’s usual manufacturing tolerances (e.g. paper weight, end format, color) according to section XIII of these terms and conditions, or for an error concerning the absence of such defects in the product.

10. The Contractor accepts no liability for damages that arise due to inadequate storage of the materials on the part of the Client.

11. If the rejected printed materials can no longer be returned to the Contractor, the Client will only be entitled to a warranty or to claim for damages if the Contractor is presented with precise documentation of the defects, which follows a recognized quality control method. In such a case, the Client recognizes quality control documentation by the Contractor which is based on a recognized quality assurance method.

12. The Contractor reserves the right to examine, or have a specialist examine, the defects alleged by the Client.

13. Warranty claims do not entitle the Client to withhold his performance.

XII. LIMITATIONS OF LIABILITY

1. Claims for damages on the part of the Client are excluded insofar as the damages are not caused deliberately or through gross negligence. The Client must provide evidence proving gross negligence.

2. The Client’s claims for compensation shall not exceed the order value.

3. Only monetary compensation can be claimed in case of liability. The Client may not claim lost profits. The Client may not claim lost profits.

4. The above provisions also apply to claims for damages arising from pre-contractual obligations.

5. The Client may not derive any claims for damages from industry-standard discrepancies according to section XIII of these terms and conditions.

XIII. PRODUCTION TOLERANCES / DATA TRANSFER BY THE CLIENT

1. The “Technical Guidelines for the Austrian Printing Industry” by the Print and Media Trade Association will apply to this contract in the version applicable at the time of its conclusion The guidelines define the requirements concerning the data transmitted by the Client as well as the production tolerances that are standard in this sector, with regards to bonding, paper weight, color, etc. The Client is not entitled to claim warranty, damages, or errors for discrepancies that fall within these standard production tolerances.

2. If the Contractor does not fulfill his obligations as specified in the Technical Guidelines for the Austrian Printing Industry, the Client will bear the costs of any additional expenses incurred by the Contractor as a result, and the Contractor will not be liable for any resulting damages caused by delays.

3. With regards to data transfer, the following provisions are to be observed, which differ from the “Technical Guidelines for the Austrian Printing Industry”:
The following points apply to the transfer of data from the Client to the Contractor: The Client is to provide a composite file according to ISO 1590-3 in a PDF format (ideally PDF/X3). The fonts contained in the document must be embedded, and imported image files and high-resolution data (OPI) should be included in the delivery. The applications to be used (e.g. InDesign, Quark, Photoshop, etc.) should be discussed between the Contractor and the Client ahead of time. Along with the data, the Contractor shall receive from the Client a digital proof (1:1) as well as a list of all files (name, date, time) delivered either on a data carrier or by means of telecommunication, along with the fonts used (font name, foundry, version number) and the programs used (name, company, version number). The data’s source output print profile used to create the digital proof must be provided (ICC profile). Digital proofs must contain an Ugra/Fogra media wedge in CMYK-TIFF format. In order to avoid errors, the Client must clearly indicate the following details on the digital proof: any requests for changes to the text, layout, and image ; “Placeholder” for images and texts; format with and without trim (min. 3mm); raster resolution and type (e.g. frequency modulated) in accordance with the corresponding part of the ISO 12647 series of standards; in order to avoid a loss in quality, the Client should always send images as CMYK files. The Client guarantees that only licensed fonts (only post-script fonts) are used in the data carrier. The cost of checking the data will be billed according to the time spent. If the Client does not provide a digital proof or a list of files, the Contractor will create these items and bill the Client for them.

XIV. STORAGE OR PRINTED MATERIALS AND DOCUMENTS; ARCHIVING DATA

1. The Contractor is under no obligation to store printed materials, work tools, intermediate products, materials for printing (e.g. image data, films, montages, print forms, printing cylinders, punching dies, papers, etc.), manuscripts, drafts, templates, print forms, slides, films, data carriers, and other documents in accordance with Section XIII.1. after completing the order, unless otherwise expressly agreed; in this case, the Client shall bear the storage costs.

2. If a special agreement has been expressly made with regards to temporary storage, the Contractor is only liable for damages caused to the products during the storage period through gross negligence or with intent. The Contractor is not obligated to arrange insurance to cover the risks associated with storing these products.

3. The Contractor will bill the Client for the storage of finished or partially-finished printed materials in accordance with the applicable forwarding rates for business assets. If the Contractor temporarily waives storage fees for a certain period of time, this does not constitute the waiver of future storage fees. The invoice will be issued at the end of a three-month billing period; if the goods are stored for less than three months, the invoice will be issued on the last day of storage. The storage agreement ends if the Client does not pay the invoice within 4 weeks of the end of the three-month billing period.

4. The Contractor has the right to store the materials and documents listed under 1. on his premises or with a third party.

XV. RECURRING WORK

If the order includes regularly recurring print work, and no end date or cancellation period is agreed, then the order will only be terminated with a written cancellation with three months’ notice at the close of a calendar quarter.

XVI. INTERMEDIATE PRODUCTS/COPYRIGHT

Any production items, tools and intermediate products, in particular documents, data carriers, printing plates, lithographs, films, plates, matrices, punches, stereos, and masters, and other tools required for the production process (printing devices) which the Contractor uses to manufacture the order, as well as the processed data, remain the property of the Contractor unless otherwise expressly agreed.

XVII. COPYRIGHT

1. Insofar as the Contractor holds the full or partial copyright and ancillary usage rights for the delivered products, the Client is only granted the non-exclusive right to distribute the printed materials upon accepting the delivery; the Contractor maintains all other usage rights, in particular the reproduction rights. The Contractor has the exclusive right to use the means of reproduction he manufactured (type, processed data, data carrier, films, reproductions, etc.) and printed materials (galley proofs, raw prints, etc.) to produce reproductions. The Contractor has no obligation to hand over these means of reproduction, or make them available for use.

2. The Contractor is not obligated to verify whether the Client has the right to reproduce the materials by any means, to edit or modify them as specified in the order, or to otherwise use them in the intended manner.

3. If the Client provides fonts and/or software applications for the purposes of processing the supplied, the Client guarantees to the Contractor that he has the rights to this limited transfer of use. The Contractor guarantees to the Client that these fonts and software applications will only be used to process the specific order.

4. The Client is obligated to indemnify and hold harmless the Contractor from any claims from third parties concerning the infringement of copyrights, usage rights, or other industrial or personal property rights,. The Contractor must report any such claims to the Client immediately.

XVIII. RESERVATION OF PROPRIETARY RIGHTS/OVER-COLLATERALIZATION

1. The products remain the property of the Contractor until payment in full of the Client’s underlying debt to the Contractor. For open invoices, the goods reserved by the Contractor serve as security against the Client’s outstanding balance. The Client is only entitled and authorized to resell the reserved goods if the claim against the third party to whom the goods were sold is transferred to the contractor. For products protected by copyright, the Client is obligated to provide or transfer the usage rights (exploitation rights) to the Contractor. The Client is not entitled to dispose of the reserved goods in any other way. The Client is obligated to notify the third party of the fact that the Contractor is entitled to collect the claims and must also inform the Contractor when a claim has been transferred to him. If the assignment is made by means of an entry in the client’s books, the Contractor must also be informed immediately. If the Contractor incurs any costs in the collection of claims against a third party which are transferred to him, the Client will compensate him for up to 3% of the assigned claim.

If the collateral provided to the Contractor exceeds the value of the underlying claims by more than 200%, the Contractor must release the excess part upon written request from the Client, provided the collateral is not impossible to divide (e.g. if a pledge is indivisible).

XIX. RIGHT OF RETENTION

The Contractor reserves the right to retain documents, slides, photographs, films and reproductions, manuscript, data carriers, raw materials, and other items provided by the Client in accordance with Section 369 of the Austrian Enterprise Code if the Client does not fulfill the obligations agreed upon in the Contract.

XX. SAMPLES/EXTRA PRODUCTS

The Contractor has the right to produce sample products from an order and to present these as examples for other clients.

XXI. IMPRINT

When producing a media publication as defined by the Austrian Media Act, the Client must provide the Contractor with the information required for creating an imprint, in accordance with Section 24 of the Austrian Media Act. Once all the information is available, the Contractor may begin production. Article VI.5 The provisions of these terms and conditions apply accordingly.

XXII. PRINTED NAME AND LOGO

The Contractor is entitled to place his company name or logo on the products created on behalf of the Client.

XXIII. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION

1. Austrian material law applies. The application of UN purchase law is excluded. The contract language is German.

2. The place of performance for deliveries and payment is the Contractor’s registered office.

3. The place of jurisdiction for disputes arising from the agreement between the Contractor and the Client is the competent court at the Client’s physical address.

XXIV. WRITTEN FORM CLAUSE

All agreements pertaining to an order, including subsequent changes, additions, etc. must be made in writing. Verbal agreements e.g. with field sales staff are not deemed to have taken place unless confirmed in writing.

XXV. DATA PROTECTION/ORDER PROCESSING

Insofar as the Contractor processes personal information within the scope of an order, the Contractor and the Client are deemed to agree to apply the following provisions to the processing of order information in accordance with Article 28 of the General Data Protection Regulation.

1. The Contractor will only process personal data transmitted by the Client for the purposes of fulfilling the agreement between the Contractor and the Client for the production of printed materials. Any other processing of this data is excluded.

2. Processing concerns the personal data contained within the order data, documents, or other information made available by the Client, such as individuals ’names, addresses, dates of birth, E-mail addresses, IP addresses, bank information, license plate numbers, interests, preferences, and photos. The agreement made between the Contractor and the Client for the production of printed materials will determine the personal data to be processed as well as the individuals affected.

3. The processing of order data will end with the fulfillment of the contract between the Contractor and the Client.

4. As the processor of the order, the Contractor will exclusively process personal data within the EU/the EEC.

5. The Contractor agrees to process personal data solely on the basis of the Client’s instructions, as documented by the Contractor, the agreement between the Contractor and the Client, or legal obligations, and to follow all data protection regulations. The Contractor will provide the best possible support to the Client in the protection of data subject rights in accordance with Chapter III of the GDPR.

6. It the Contractor considers one of the Client’s instructions to be unlawful, he must immediately notify the Client. Until the instruction is verified or changed, the Contractor will suspend the processing or execution of the order. Instructions which are clearly unlawful are not to be followed.

7. Once processing is complete, or at the Client’s request, the Contractor must erase the personal data at his disposal, as long as there is no legal obligation to save it. Personal data must be returned to the Client at his request.

8. The Contractor is obligated to maintain confidentiality when processing the personal data disclosed, transferred, or otherwise made available to him. This duty to maintain confidentiality also applies to the results of processing.

9. The Contractor must require that all employees involved in the processing of personal data maintain confidentiality, if they are not already subject to a legal obligation to secrecy. The Contractor’s obligation of confidentiality or secrecy also continues after the end of the job.

10. The Contractor must require that all employees involved in the processing of personal data only transmit this data within the scope of official orders, unless such an obligation already exists by law. Furthermore, the Contractor must instruct his employees about the applicable directives for transmitting this data, as well as the consequences of breaching data confidentiality.

11. The Contractor must employ suitable technical and organizational measures to guarantee an appropriate level of data protection.

12. In particular, the Contractor must implement the following technical and organizational measures:
• Controlling access to the data processing equipment e.g. through secured key management
• Controlling access to data processing systems, e.g. through the use of passwords, automatic locking mechanisms, or user log-in protocols
• Controlling access to data within the system e.g. through standardized authorization profiles on a “need to know basis” or access protocols
• Classifying data as secret, confidential, internal, or public
• Safeguards to prevent the destruction or loss of personal data e.g. by storing it in a safe or safety deposit box, storage network, software and hardware protection
• Protection against the unauthorized reading, copying, modification, or deletion during data transmissions, e.g. by locking or creating content filters for incoming and outgoing data
• Verifying whether and by whom personal data is entered, modified, or deleted in the data processing systems, e.g. through protocols, regulating access permissions
• Separating data processing for different purposes e.g. by using separate databases, tenant isolation, and separating client servers

13. As part of the scope of his activities, the Contractor is entitled to hire sub-contractors on a contractual basis. The same obligations that apply to the Contractor under these terms and conditions also apply to sub-contractors.

14. The contractor will support the Client in fulfilling the obligations specified in Articles 32 to 36 of the GDPR.

15. The Contractor agrees to inform the Client of all necessary details required to demonstrate compliance with the provisions of Art. 28 of the GDPR.

B2C

I. SCOPE

1. Any deliveries, services, and offers made by the Contractor to a Client who is considered a Consumer under the Austrian Consumer Protection Actare made solely on the basis of these terms and conditions of business. These terms also apply for all future business relationships, even if they are not expressly and separately stipulated.

2. Any deviations from these terms and conditions are only effective and binding for the Contractor if the Contractor expressly confirms them in writing.

3. If any individual provisions of these Terms and Conditions become invalid, this will not affect the validity of the other provisions.

II. CONCLUSION OF THE CONTRACT/PRICES

1. Acknowledgment of receipt of the Client’s order does not constitute acceptance. The contract will only become legally binding once the Contractor, after receiving the order, delivers the products, or sends a shipping confirmation or a letter of acceptance, and the Client is made aware of this. If the Contractor withdraws the letter of acceptance before the Client receives it, the contract is not deemed concluded.

2. If the Client requests that the Contractor submits an offer, the contract is deemed concluded when the Client accepts this offer.

3. Any changes, deviations, or additions to a signed contract will only become legally binding with the written approval of the Contract

4. All prices are indicated in Euros. Price quotations are non-binding unless otherwise agreed in writing. The prices offered by the contractor apply under the condition that the details of the project which forms the basis of the offer remain unchanged. The prices offered by the contractor include value added tax. The Contractor’s prices are given ex works. They do not include freight, postage, insurance, and other shipping costs. The prices only include simple packaging (wrapping) for the printed materials. If the nature of the printed materials means that no packaging is necessary, packaging will only be provided at the Client’s request and expense. If the Client requests a particular type of packaging, or if packaging is necessary based on the products (cardboard, box, pallet, crate), it will be billed separately. If the packaging is returned in good condition within 4 weeks, at no shipping cost, up to two thirds of the packaging materials’ net cost price will be credited to the Client. The Contractor is responsible for assessing whether the materials are in good condition.

5. The Client must report any minor deviations between the Contractor’s letter of acceptance and the Client’s order within 5 business days (Saturday is not a business day) after receipt of the letter of acceptance. Otherwise, the letter of acceptance will constitute the basis for the contract.

6. The Contract may increase the price invoiced to the Client to reflect any increases in direct expenses (e.g. films, plates, data storage devices, paper, cardboard, printing forms, reproductions, book-binding material, costs of data transmission, etc.), personnel costs, or other costs which form the basis of the order, even after the contract has been concluded, provided that these are in reasonable proportion to the total invoice amount and that the Contractor has no influence the increased direct expenses. The Client expressly approves the right of the Contractor to do so.

7. The circumstances referred to in Point 6 may also lead to subsequent reduction in price.

8. Any subsequent changes initiated by the Client (e.g. including corrections by purchasers or authors), including the resulting machine downtime, will be billed to the Client. Subsequent changes include the Client’s requests for re-prints of sample proofs. Subsequent changes include the Client’s requests for re-prints of sample proofs.

9. The Contractor may bill the Client for any added costs which arise from circumstances resulting solely or mainly from the Client’s sphere, regardless of their amount. Amendments to the contract or additional orders which the Client approves will be invoiced separately.

10. If an order is based on a price quote, this price is not guaranteed unless otherwise expressly agreed. The Client will be billed for the work hours required to draw up a price quote. The Contractor will bear any excess costs which exceed a guaranteed price quote. For price quotes with no guarantee, excess costs up to 15% of the price quote may be billed to the Client without prior approval. The Contractor will inform the Client of all costs exceeding the price quote.

11. Drafting and printing costs, as well as final artwork costs, will be invoiced separately. This also applies to any other special requests, e.g. preparing samples or finalizing and packaging printed materials. Samples and drafts prepared at the Client’s request will remain the property of the Contractor (unless otherwise expressly agreed) and will be billed separately, even if the order is not completed.

12. The Client shall bear the costs of any data transfers requested by the Client (e.g. via ISDN).

III. INVOICING

The Contractor will invoice shipments and services on the day on which they are delivered (in whole or in part), stored, or made available to the Client. The Contractor has the right to issue partial invoices for partial deliveries.

IV. PAYMENT TERMS/COMPENSATION

1. The payment (net price plus VAT, ARA surcharges, shipping costs, and other price elements) must made within 30 calendar days of the invoice date.

2. The Contractor may request advance payment for the provision of large quantities of paper and cardboard, special materials, or preliminary work.

3. The contractor has no obligation to carry out an order before a determined deposit or advance payment is made. Article VI.6 The provisions of these terms and conditions apply accordingly. The Client is not entitled to offset any counterclaims unless these have been expressly recognized by the Contractor or have been legally established by a court, the contractor is insolvent, or these counterclaims are legally related to the Client’s liability.

4. The Contractor is entitled, at any time and without the Client’s permission, to assign claims against the Client and/or to have them collected by third parties.

V. PAYMENT DEFAULT/DELAY

1. In the case of delayed payment by the Client, the Contractor may

a. insist on fulfillment of the contract (= payment of the purchase price), or

b. withdraw from the contract following a reasonable grace period and demand damages from the Client, or

c. make all invoice amounts due immediately, including for those invoices not yet due, if the Client is more than 6 weeks in arrears and has already been reminded with a 2-week grace period.

2. Upon the opening of bankruptcy proceedings against the Client’s assets, the Contractor has the right to demand immediate payment for all invoices, including those not yet due.

3. Moreover, the Contractor also has the right to make further work on current orders dependent on pro-rata payments. Furthermore, the Contractor has the right to withhold products that have yet to be delivered, as well as to cease work on current orders if the Contractor fails to pay the pro-rata payments. Article VI.6 The provisions of these terms and conditions apply accordingly.

4. In the event of default in payment, default interest of 4.0% p.a. above the base rate applicable on the first day of the default in payment will be applied. This does not preclude the assertion of further default damages.

5. In the case of delayed payments caused by the Client, the Client agrees to reimburse Contractor for any reminder and collection costs incurred, insofar as they are necessary for appropriate legal prosecution and are in reasonable proportion to the claim in question. If the Contractor issues these reminders himself, the client agrees to pay an amount of € 15 net for each reminder and an amount of € 5 net every six months for keeping records regarding the debt obligation in the dunning process. Furthermore, if the Client is to blame for the delay in payment, he will also pay for any additional damages, especially damages which arise from the fact that, as a result of non-payment, any of the Contractor’s credit accounts accrue correspondingly higher interest.

VI. DELIVERY PERIOD/DELIVERY DELAYS

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

– the date on which the Client receives the letter of acceptance, or

– The date upon which the Client completes all obligations necessary for the order to begin, or

– The date upon which the Contractor receives a determined deposit.

The delivery period ends on the day on which the wares leave the Contractor’s premises.

2. Agreed delivery dates are approximate deadlines unless they are expressly agreed in writing to be binding deadlines. If the Client does not carry out his cooperation duties, or does not perform them in time, the Contractor is not responsible for upholding the agreed delivery deadline or any resulting damages. This also applies if the Client requests subsequent changes to the order. Furthermore, the Contractor may request reimbursement for any costs incurred through the Client’s failure to cooperate.

3. The delivery period is interrupted for the time required for the Client to check consigned galleys, proofs, or type samples. Article VI.6 The provisions of these terms and conditions apply accordingly.

4. In the case of delayed delivery, the Client must first request delivery within a reasonable grace period, and may only withdraw from the contract only after the end of this grace period. The grace periods must be proportionate to the nature and scope of the order.

5. In the event of force majeure or other unforeseeable, extraordinary, or involuntary circumstances (e.g. difficulties procuring materials, disruptions in operations, strikes, lockouts, lack of means of transport, intervention by the authorities, energy supply problem) – even if they occur with vendors or subcontractors – the delivery period is extended to a reasonable extent if the Contractor is prevented from fulfilling his obligations on time. The Contractor is released from his contractual obligation to provide services or deliver products if the circumstances described above pose an undue burden or make them impossible. If services are delayed for more than two months, the Client is entitled to withdraw from the contract. If the delivery period is extended, or if the Contractor is released from his contractual obligations, the Client is not entitled to any claims for indemnification. If the Contractor is released from his contractual obligations, he remains obligated to deliver any products which have already been manufactured, and the Client is obligated to make the partial payment which corresponds to the originally agreed invoice amount. The Contractor may only invoke the circumstances described above by immediately notifying the Client.

6. If the Contractor’s ability to uphold the agreed delivery deadline depends on the Client’s cooperation (e.g. providing correct information, work documents, checking interim results, etc.), and the latter does not carry out these duties, the Contractor is not liable for any damages caused by delays.

VII. DELIVERY/TRANSFER OF RISK

1. Deliveries are made ex works by the Contractor upon billing the Client. The transfer of risk takes place when the products are handed over to the Client or a third party determined by the Client, who is not operating as a carrier. If the delivery is delayed at the Client’s request, the risk is transferred to the Client upon notice of readiness to ship. Transport insurance will only be provided at the Client’s express request and at his expense.

2. If the Client arranges his own transport contract without Contractor’s recommended options, the risk is transferred to the Client as soon as the goods are handed over to the carrier.

VIII. SUPPLIED MATERIALS AND INFORMATION

1. Materials provided by the Client, such as originals, photographs, films, data carriers of any kind, paper, etc. are to be delivered to the Contractor free of charge. The Contractor is not obligated to check or provide any warnings about the materials, information, (e.g. ISDN), or print components provided by the Client or by third parties commissioned on the Client’s behalf, such as typesetting, final proofs and the like, disks, films, etc. In particular, if the Client provides data carriers and/or transfers data to the Contractor, the Contractor will not verify these files (text, images) for accuracy. The Contractor accepts no liability and provides no guarantee for errors in and with materials for print provided directly or indirectly by the client, or errors in the final product which result from receiving defective data. If the Client requests that the Contractor checks these materials, and the Contractor agrees to perform such checks, this service as well as any corrections will be billed separately.

2. Drafts provided by the Client to form the basis of the order (e.g. computer print-outs, digital proofs) are not binding. The Client is expressly advised that the end product may contain deviations in accordance with section XII of these terms and conditions.

3. For information provided or transmitted by the Client or a third party commissioned by the Client, the Client is responsible for the costs of all exposures or prints made as reproductions deriving from these files. The files will only be processed at the Client’s express request and will be invoiced separately.

4. The Client is solely responsible for creating data back-ups. Independently of this, the Contractor is permitted to make copies.

5. The Contractor is entitled to bill the Client for all costs relating to the verification and storage of materials provided.

6. Packing materials, as well as the waste normally generated from trimming, punching out, printing, and production, become the property of the Contractor as they are processed, unless otherwise expressly agreed.

IX. CORRECTIONS BEFORE THE ORDER TO PRINT (“GOOD FOR PRINTING”)/CHANGES

1. Before the print run begins, a sample of the final product will be prepared, free of cost, through the appropriate methods (e.g. a PDF proof). At the Client’s express request, a printed proof or test print may be prepared for a fee. However, the Contractor also has the right to prepare a printed proof or test print, without the Client’s request, at the Contractor’s own expense.

2. The Client must approve the sample (“Good to Print” or order to print) before production may begin. The Contractor may give the Client an appropriate deadline for verifying the sample, after the expiry of which the order to print will be deemed granted. After the order to print is issued, the Contractor will only be held liable for defects that arise from the steps in production which follow the order to print. The same applies if comparable declarations of release are issued at other points in the production process. The Contractor is not liable for damages which arise from a delay on the part of the Client in issuing the order to print.

3. Typographical errors, misprints, and other errors that are the fault of the Contractor will be corrected free of charge. Modifications to the print template will be billed to the Client based on the work costs incurred. The Contractor will not be liable for the accuracy of changes implemented in accordance with requests made by telephone, fax, or e-mail. If the Client sends changes or corrections via e-mail, the Client must immediately inform the Contractor of the e-mail by telephone. This especially applies to corrections made subsequent to printed proofs.

4. The Contractor has no obligation to inspect the order data or the printed proof. With the exception of obvious errors (e.g. spelling errors in the title on the cover) that can be identified without the need for closer examination. If either party identifies an error, this party must promptly inform the other contracting party.

5. German language proofreading is carried out with the latest applicable edition of the Duden (“neue Rechtschreibung”) German dictionary.

X. DEFAULT IN ACCEPTANCE

1. The Client is obligated to accept products which are delivered or made available for pick-up in accordance with the contract without delay. If the Client fails to comply with this obligation, the delivery is deemed to have been completed on the day on which the Client was to accept it according to the contract. Any risk of accidental loss or minor negligent damage concerning the products is thus transferred to the Client.

2. The Contractor is entitled to store the products himself or with a third party, at the Client’s expense, if he foresees delays in acceptance or if circumstances caused by force majeure arise which would make their delivery impossible.

XI. WARRANTY

1. In the event of a warranty claim, the Contractor is obligated to choose between improvement or replacement (exchange). The Client may only request a reduction in price if the improvement or delivery of a replacement (exchange) causes an undue burden or is impossible for the Contractor, or if the Contractor refuses to improve or replace (exchange) the products and/or does not do so within an appropriate period. The Client may only request these changes, however, in cases in which the defective products can no longer be used for their intended purpose.

2. The liability of the Contractor is excluded for any consequential damages except if the Contractor or his employees can be accused of gross negligence or willful conduct.

3. If the order includes commissioning the enhancement or further processing of printed materials, the Contractor and his employees are not liable for any deterioration caused to these materials through their enhancement or further processing, unless the Contractor or his employees act with gross negligence or intent.

4. For partial deliveries, these provisions apply to the delivered parts. Defects in one part of a delivery shall not entitle the Client to object to the entire delivery.

5. The Client may not make a warranty claim or request compensation for defects that fall within the industry’s usual manufacturing tolerances (e.g. paper weight, end format, color) according to section XIII of these terms and conditions, or for an error concerning the absence of such defects in the product.

6. The Contractor accepts no reliability for damages that arise due to inadequate storage of the materials on the part of the Client.

XII. LIMITATIONS OF LIABILITY

1. Claims for damages on the part of the Client for material damages are excluded insofar as the damages are not caused deliberately or through gross negligence.

2. Liability for lost profit is excluded in the event of minor negligence.

3. The above provisions also apply to claims for damages arising from pre-contractual obligations.

4. The Client may not derive any claims for damages from industry-standard discrepancies according to section XIII of these terms and conditions.

XIII. PRODUCTION TOLERANCES / DATA TRANSFER BY THE CLIENT

1. The “Technical Guidelines for the Austrian Printing Industry” by the Print and Media Trade Association will apply to this contract in the version applicable at the time of its conclusion The guidelines define the requirements concerning the data transmitted by the Client as well as the production tolerances that are standard in this sector, with regards to bonding, paper weight, color, etc. The Client is not entitled to claim warranty, damages, or errors for discrepancies that fall within these standard production tolerances.

2. If the Contractor does not fulfill his obligations as specified in the Technical Guidelines for the Austrian Printing Industry, the Client will bear the costs of any additional expenses incurred by the Contractor as a result, and the Contractor will not be liable for any resulting damages caused by delays.

3. With regards to data transfer, the following provisions are to be observed, which differ from the “Technical Guidelines for the Austrian Printing Industry”: The following points apply to the transfer of data from the Client to the Contractor: The Client is to provide a composite file according to ISO 1590-3 in a PDF format (ideally PDF/X3). The fonts contained in the document must be embedded, and imported image files and high-resolution data (OPI) should be included in the delivery. The applications to be used (e.g. InDesign, Quark, Photoshop, etc.) should be discussed between the Contractor and the Client ahead of time. Along with the data, the Contractor shall receive from the Client a digital proof (1:1) as well as a list of all files (name, date, time) delivered either on a data carrier or by means of telecommunication, along with the fonts used (font name, foundry, version number) and the programs used (name, company, version number). The data’s source output print profile used to create the digital proof must be provided (ICC profile). Digital proofs must contain an Ugra/Fogra media wedge in CMYK-TIFF format. n order to avoid errors, the Client must clearly indicate the following details on the digital proof: any requests for changes to the text, layout, and image ; “Placeholder” for images and texts; format with and without trim (min. 3mm); raster resolution and type (e.g. frequency modulated) in accordance with the corresponding part of the ISO 12647 series of standards; in order to avoid a loss in quality, the Client should always send images as CMYK files. The Client guarantees that only licensed fonts (only post-script fonts) are used in the data carrier. The cost of checking the data will be billed according to the time spent. If the Client does not provide a digital proof or a list of files, the Contractor will create these items and bill the Client for them.

XIV. STORAGE OR PRINTED MATERIALS AND DOCUMENTS; ARCHIVING DATA

1. The Contractor is under no obligation to store printed materials, work tools, intermediate products, materials for printing (e.g. image data, films, montages, print forms, printing cylinders, punching dies, papers, etc.), manuscripts, drafts, templates, print forms, slides, films, data carriers, and other documents in accordance with Section XIII.1. after completing the order, unless otherwise expressly agreed; in this case, the Client shall bear the storage costs.

2. If a special agreement has been expressly made with regards to temporary storage with regards to paragraph 1 above, the Contractor is only liable for damages caused to the products during the storage period through gross negligence or intentionally. The Contractor is not obligated to arrange insurance to cover the risks associated with storing these products.

3. The Contractor will bill the Client for the storage of finished or partially-finished printed materials in accordance with the applicable forwarding rates for business assets. If the Contractor temporarily waives storage fees for a certain period of time, this does not constitute the waiver of future storage fees. The invoice will be issued at the end of a three-month billing period. The storage agreement ends if the Client does not pay the invoice within 4 weeks of the end of the three-month billing period.

4. The Contractor has the right to store the materials and documents listed under 1. on his premises or with a third party.

XV. RECURRING WORK

If the order includes regularly recurring print work, and no end date or cancellation period is agreed, then the order will only be terminated with a written cancellation with three months’ notice at the close of a calendar quarter.

XVI. INTERMEDIATE PRODUCTS/COPYRIGHT

Any production items, tools and intermediate products, in particular documents, data carriers, printing plates, lithographs, films, plates, matrices, punches, stereos, and masters, and other tools required for the production process (printing devices) which the Contractor uses to manufacture the order, as well as the processed data, remain the property of the Contractor unless otherwise expressly agreed.

XVII. COPYRIGHT

1. Insofar as the Contractor holds the full or partial copyright and ancillary usage rights for the delivered products, the Client is only granted the non-exclusive right to distribute the printed materials upon accepting the delivery; the Contractor maintains all other usage rights, in particular the reproduction rights. The Contractor has the exclusive right to use the means of reproduction he manufactured (type, processed data, data carrier, films, reproductions, etc.) and printed materials (galley proofs, raw prints, etc.) to produce reproductions. The Contractor has no obligation to hand over these means of reproduction, or make them available for use.

2. The Contractor is not obligated to verify whether the Client has the right to reproduce the materials by any means, to edit or modify them as specified in the order, or to otherwise use them in the intended manner.

3. If the Client provides fonts and/or software applications for the purposes of processing the supplied, the Client guarantees to the Contractor that he has the rights to this limited transfer of use. The Contractor guarantees to the Client that these fonts and software applications will only be used to process the specific order.

4. The Client is obligated to indemnify and hold harmless the Contractor from any claims from third parties concerning the infringement of copyrights, usage rights, or other industrial or personal property rights,. The Contractor must report any such claims to the Client immediately.

XVIII. RESERVATION OF PROPRIETARY RIGHTS/OVER-COLLATERALIZATION

1. The products remain the property of the Contractor until payment in full of the Client’s underlying debt to the Contractor. For open invoices, the goods reserved by the Contractor serve as security against the Client’s outstanding balance. The Client is only entitled and authorized to resell the reserved goods if the claim against the third party to whom the goods were sold is transferred to the contractor. The Client is not entitled to dispose of the reserved goods in any other way. The Client is obligated to notify the third party of the fact that the Contractor is entitled to collect the claims and must also inform the Contractor when a claim has been transferred to him. If the assignment is made by means of an entry in the client’s books, the Contractor must also be informed immediately. If the Contractor incurs any costs in the collection of claims against a third party which are transferred to him, the Client will compensate him for up to X% of the assigned claim.

2. If the collateral provided to the Contractor exceeds the value of the underlying claims by more than 200%, the Contractor must release the excess part upon written request from the Client, provided the collateral is not impossible to divide (e.g. if a pledge is indivisible).

XIX. RIGHT OF RETENTION

The Contractor reserves the right to retain documents, slides, photographs, films and reproductions, manuscript, data carriers, raw materials, and other items provided by the Client in until their contractual obligations are fulfilled.

XX. SAMPLES/EXTRA PRODUCTS

The Contractor has the right to produce sample products from an order and to present these as examples for other clients.

XXI. IMPRINT

When producing a media publication as defined by the Austrian Media Act, the Client must provide the Contractor with the information required for creating an imprint, in accordance with Section 24 of the Austrian Media Act. Once all the information is available, the Contractor may begin production. Section 7 Paragraph 3 of these terms and conditions applies accordingly.

XXII. PRINTED NAME AND LOGO

The Contractor is entitled to place his company name or logo on the products created on behalf of the Client.

XXIII. APPLICABLE LAW, PLACE OF PERFORMANCE, JURISDICTION

1. Austrian material law applies. The application of UN purchase law is excluded. The contract language is German.

2. The place of performance for deliveries and payment is the Contractor’s registered office.

3. The Contractor may choose to submit his claims to either the Contractor’s jurisdiction or the general jurisdiction of the Client, claims against the Contractor will only be submitted to the general jurisdiction of the Contractor.

XXIV: WRITTEN FORM CLAUSE

All agreements pertaining to an order, including subsequent changes, additions, etc. must be made in writing. Verbal agreements e.g. with field sales staff are not deemed to have taken place unless confirmed in writing.

XXV. DATA PROTECTION/ORDER PROCESSING

Insofar as the Contractor processes personal information within the scope of an order, the Contractor and the Client are deemed to agree to apply the following provisions to the processing of order information in accordance with Article 28 of the General Data Protection Regulation.

1. The Contractor will only process personal data transmitted by the Client for the purposes of fulfilling the agreement between the Contractor and the Client for the production of printed materials. Any other processing of this data is excluded.

2. Processing concerns the personal data contained within the order data, documents, or other information made available by the Client, such as individuals ’names, addresses, dates of birth, E-mail addresses, IP addresses, bank information, license plate numbers, interests, preferences, and photos. The agreement made between the Contractor and the Client for the production of printed materials will determine the personal information to be processed as well as the individuals affected.

3. The processing of order data will end with the fulfillment of the contract between the Contractor and the Client.

4. As the processor of the order, the Contractor will exclusively process personal data within the EU/the EEC.

5. The Contractor agrees to process personal data solely on the basis of the Client’s instructions, as documented by the Contractor, the agreement between the Contractor and the Client, or legal obligations, and to follow all data protection regulations. The Contractor will provide the best possible support to the Client in the protection of data subject rights in accordance with Chapter III of the GDPR.

6. It the Contractor considers one of the Client’s instructions to be unlawful, he must immediately notify the Client. Until the instruction is verified or changed, the Contractor will suspend the processing or execution of the order. Instructions which are clearly unlawful are not to be followed.

7. Once processing is complete, or at the Client’s request, the Contractor must erase the personal data at his disposal, as long as there is no legal obligation to save it. Personal data must be returned to the Client at his request.

8. The Contractor is obligated to maintain confidentiality when processing the personal data disclosed, transferred, or otherwise made available to him. This duty to maintain confidentiality also applies to the results of processing.

9. The Contractor must require that all employees involved in the processing of personal data maintain confidentiality, if they are not already subject to a legal obligation to secrecy. The Contractor’s obligation of confidentiality or secrecy also continues after the end of the job.

10. The Contractor must require that all employees involved in the processing of personal data only transmit this data within the scope of official orders, unless such an obligation already exists by law. Furthermore, the Contractor must instruct his employees about the applicable directives for transmitting this data, as well as the consequences of breaching data confidentiality.

11. The Contractor must employ suitable technical and organizational measures to guarantee an appropriate level of data protection.

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

• Controlling access to the data processing equipment e.g. through secured key management;

• Controlling access to data processing systems, e.g. through the use of passwords, automatic locking mechanisms, or user log-in protocols;

• Controlling access to data within the system e.g. through standardized authorization profiles on a “need to know basis” or access protocols;

• Classifying data as secret, confidential, internal, or public;

• Safeguards to prevent the destruction or loss of personal information e.g. by storing it in a safe or safety deposit box, storage network, software and hardware protection;

• Protection against the unauthorized reading, copying, modification, or deletion during data transmissions, e.g. by locking or creating content filters for incoming and outgoing data;

• Verifying whether and by whom personal data is entered, modified, or deleted in the data processing systems, e.g. through protocols, regulating access permissions;

• Separating data processing for different purposes e.g. by using separate databases, tenant isolation, and separating client servers.

13. As part of the scope of his activities, the Contractor is entitled to hire sub-contractors on a contractual basis. The same obligations that apply to the Contractor under these terms and conditions also apply to sub-contractors.

14. The contractor will support the Client in fulfilling the obligations specified in Articles 32 to 36 of the GDPR.

15. The Contractor agrees to inform the Client of all necessary details required to demonstrate compliance with the provisions of Art. 28 of the GDPR.