Terms and Conditions

English translation for your convenience. The German version is the legally authoritative text.

1. Who your contractual partner is

1.wien
Siegfriedgasse 23
1210 Vienna
Austria

Phone: +43 660 815 04 12

E-mail: see the current contact details on 1.wien

Our VAT ID and the competent trade authority are shown in the imprint.

These Terms and Conditions apply to all contracts that you conclude with us via the website 1.wien, by telephone, by e-mail or in our workshop.

Terms of yours that deviate from these apply only if we have agreed to them in writing.

Below we distinguish between consumers, who do not act as businesses, and businesses. Where a provision applies to only one of these groups, this is expressly stated.

2. How a contract comes about

The presentation of our services and prices on our website is not yet a binding offer but an invitation to you to make an offer.

A contract comes about when we accept your enquiry, in particular:

• by written or electronic order confirmation,
• by handing over a cost estimate that you confirm,
• by starting the agreed work,
• or by completing a corresponding online order or payment process.

When you purchase a software licence or a software subscription via our website, the contract comes about upon completion of the payment process.

You will then receive a confirmation by e-mail.

We prepare cost estimates to the best of our knowledge.

A cost estimate that does not expressly guarantee its accuracy may change if unforeseen additional work becomes apparent during the job.

In such a case we will inform you and obtain your consent before any additional chargeable work is carried out.

3. Our services in detail

3.1 Repairs and workshop

We repair devices at the agreed fixed price.

If damage or additional work becomes apparent during the job that was not recognisable when the cost estimate was prepared, we interrupt the work and inform you.

Without your consent no substantial additional costs arise.

The workshop diagnosis costs € 29 and is waived if you subsequently instruct us to carry out the repair.

Remote diagnosis via RS1 is free of charge.

If it turns out that a repair is not economically worthwhile, we will let you know. In that case you generally pay only the agreed diagnostic service.

3.2 RS1 remote maintenance

Billing is per minute according to the duration of the connection established via RS1 remote maintenance, at the rate shown on the website at the time.

The initial assessment is free of charge.

Chargeable billing begins only once it is clear that we can help and you consent to the work being carried out.

The connection is established exclusively with your active approval and you can end it at any time.

When the connection ends, time-based billing also ends.

Minute packages are credit purchased in advance.

They are valid for 24 months from purchase and are consumed by the minute.

Unused minutes are not paid out in cash. Statutory rights of withdrawal remain unaffected.

3.3 Work at your premises

For home visits the rates stated on our website or in the offer apply.

If we cannot complete a job on site because requirements outside our area of responsibility are missing, for example:

• missing access credentials,
• defective hardware,
• missing internet connection,
• missing approvals,
• unsuitable technical requirements,

the work performed up to that point must be paid for.

3.4 Website, shop and SEO

These jobs are contracts for work with an agreed scope of services.

The specific scope follows from the respective offer.

Requests for changes or extensions that go beyond the agreed scope of services are agreed separately and may be charged additionally.

Your cooperation is part of the contract.

Depending on the project we require, for example:

• texts,
• images,
• logos,
• access credentials,
• product information,
• approvals.

If this information is not provided or is provided late, agreed dates may shift accordingly.

You are responsible for the lawfulness of the content you provide, in particular texts, images, trademarks and other copyright-protected material.

In search engine optimisation we owe a professional performance of the agreed measures.

A specific ranking on Google or other search engines is not guaranteed.

Search engine rankings are influenced by numerous external factors over which we have no complete control.

3.5 Software and licences

For software offered by us you acquire, depending on the product, a licence of use or a time-limited right of use under the respective agreed model.

This may in particular concern:

• standard software,
• custom software,
• label and barcode software,
• administration software,
• cloud software,
• software as a service,
• desktop applications,
• web applications,
• mobile applications,
• company and multi-user licences.

The specific scope of services follows from the respective product description, the offer or the contract.

Software licences may in particular be limited to:

• a specific number of users,
• workstations,
• devices,
• locations,
• companies,
• tenants or
• a specific contract term.

Licence files, licence keys and access credentials must not be passed on to unauthorised third parties, published, sold, rented out or sublicensed.

A serious breach of these provisions may entitle us, after appropriate review, to block a licence and, if necessary, to terminate the contract for good cause.

For custom software the agreed rights of use in the created program pass to you after full payment.

Where agreed in the offer, this also includes the source code.

Building blocks, frameworks, libraries, templates and other components that we use across projects remain with us.

You receive the right of use in them that is required for the agreed use, as a rule a non-exclusive one.

4. Prices and VAT

All prices towards consumers are final prices including statutory VAT, unless expressly stated otherwise.

Towards businesses, prices are generally net plus statutory VAT, unless stated otherwise.

Spare parts, third-party licences and other external services are shown separately and charged in accordance with the agreement.

5. Payment

Depending on the service, the following payment methods are available in particular:

• cash payment,
• card payment,
• bank transfer,
• as well as electronic payment methods offered through our payment service provider.

When paying via a payment service provider, we generally do not receive your full card details.

Invoices are due within 14 days without deduction, unless otherwise agreed.

In the event of late payment, statutory default interest applies.

Towards businesses, the costs of pursuing, reminding about and enforcing claims that are legally permissible may additionally be charged.

For ongoing services, in particular:

• maintenance contracts,
• SEO packages,
• software subscriptions,
• ongoing software licences,
• hosting or support services,

billing takes place in accordance with the respective agreement monthly, quarterly or annually in advance.

The specific billing period follows from the respective offer or contract.

6. Term and termination of ongoing services

For ongoing services, unless otherwise agreed in the respective offer or contract, the following terms and notice periods apply:

SEO Foundation

The SEO Foundation is a one-off service.

There is no ongoing contractual commitment.

SEO monthly packages

SEO monthly packages, in particular the „Sichtbarkeit“ and „Vorsprung“ packages, have a contract term of 12 months.

The contract may be terminated with one month’s notice before the end of the respective contract period.

If no timely notice is given, the contract is automatically extended by a further 12 months.

Website maintenance

Website maintenance contracts are generally concluded for an indefinite period and may be terminated monthly, unless otherwise agreed in the offer.

IT support packages

For IT support packages, the contract duration and notice period follow from the respective offer or contract.

Software subscriptions and ongoing software licences

Software subscriptions and ongoing software licence contracts, unless otherwise agreed in the respective offer or contract, have a minimum contract term of 12 months.

The contract may be ordinarily terminated subject to a notice period of three months to the end of the respective contract period.

Notice must have been received by us at least three months before the end of the current contract period.

If no timely notice is given, the contract is automatically extended by a further 12 months.

For every further renewal period, a notice period of three months to the end of the respective contract period again applies.

Example:

If a software contract begins on 1 July 2026, the first contract period generally runs until 30 June 2027.

If the contract is to end at the end of this contract period, notice must have been received by us by 31 March 2027 at the latest.

If no timely notice is given, the contract is extended by a further 12 months.

Reminder on automatic renewal

For contracts with consumers in which automatic renewal has been agreed, we point this out separately in good time at the beginning of the relevant notice period,

• that the contract can be terminated,
• by when the notice must be given and
• that the contract is extended in accordance with the agreed provision if no notice is given.

For annual SEO packages, the written reminder already provided for generally takes place two months before the upcoming renewal.

For software subscriptions with a notice period of three months, the corresponding information is given in good time at the beginning of that notice period.

Form of termination

Notice may be given in writing by e-mail to the e-mail address stated on 1.wien at the time.

No particular form is required.

The notice must clearly show

• who is giving notice,
• which contract is affected and
• at what point in time the contract is to end.

For compliance with the notice period, timely receipt of the notice is decisive.

The right of both parties to terminate the contract without notice for good cause remains unaffected.

7. Your cooperation – especially with devices

Back up your data before handing a device over to us.

We work carefully, but any work on a data medium or an already damaged device can involve a residual technical risk.

On request we carry out a data backup before the work begins.

This must be expressly agreed and may constitute an additional chargeable service.

Please provide us with any existing passwords, PIN codes or other access credentials, insofar as these are required for the agreed service.

Devices that are not collected are generally kept for six months.

After that, they may be realised following prior written request, a reasonable grace period and to the extent legally permissible.

Any proceeds are paid out to the customer after deduction of outstanding claims and permissible costs.

8. Warranty

The statutory warranty provisions apply.

For consumers, in particular the provisions of the Consumer Warranty Act and §§ 922 ff ABGB apply.

For permanently provided digital services, we keep these in conformity with the contract to the extent required by law for the agreed provision period and provide necessary updates.

Damage that is in particular not covered by the warranty is damage attributable to:

• normal wear and tear,
• improper handling,
• intervention by unauthorised third parties,
• unsuitable technical requirements or
• measures expressly specified by the customer,

insofar as this is legally permissible.

For businesses, the statutory duties of inspection and complaint additionally apply, in particular § 377 UGB.

9. Liability

We are liable without limitation for damage resulting from injury to life, body or health and for damage caused intentionally or by gross negligence.

Towards businesses, in the case of slight negligence we are liable only to the extent legally permissible and in particular in the event of a breach of essential contractual duties.

In the case of slight negligence towards businesses, liability is limited to the damage typical for the contract and foreseeable.

Towards consumers, statutory liability remains unaffected.

For data loss we are liable only to the extent that would have been necessary for restoration with proper and regular data backup.

This does not apply if we were expressly instructed to carry out the data backup.

The customer is responsible for content that is handed to us for publication or processing.

We cannot guarantee the permanent availability or functionality of third-party services, in particular:

• hosting providers,
• search engines,
• payment service providers,
• cloud providers,
• external interfaces or APIs,

insofar as the cause lies outside our sphere of influence.

10. Right of withdrawal

In distance contracts and contracts concluded away from business premises, consumers generally have a statutory right of withdrawal of 14 days, unless a statutory exception applies.

The details, periods, statutory exceptions and any model form are set out in our withdrawal policy.

11. Data protection

Information on the processing of personal data is set out in our privacy policy.

When working on devices or IT systems, we may gain knowledge of personal or confidential data in the course of providing the service.

We treat this data confidentially and exclusively to the extent necessary for the performance of the contract.

Where we process personal data on behalf of a customer in software or cloud solutions, a data processing agreement pursuant to Art. 28 GDPR is concluded where necessary.

12. Final provisions

Austrian law applies, excluding the conflict-of-law rules of private international law.

Towards consumers, this choice of law applies only insofar as it does not deprive them of the mandatory statutory protection provisions of the state in which the consumer has their habitual residence.

For disputes with businesses, the court with subject-matter jurisdiction in Vienna is agreed.

For consumers, the statutory rules on jurisdiction apply.

We are not obliged and generally not willing to participate in dispute resolution proceedings before consumer arbitration bodies.

Consumers can in particular turn to the Internet Ombudsstelle or the Verein Schlichtung für Verbrauchergeschäfte.

Should a provision of these Terms and Conditions be wholly or partly invalid, the remaining provisions and the contract otherwise remain valid.

The statutory provision takes the place of an invalid provision.

As of: January 2025.

In principle, the version of these Terms and Conditions that was validly incorporated at the time of the respective conclusion of the contract applies.