General Terms and Conditions (T&C)
Digimarketingbros e.U. – Owner: Parham Azimi, BSc MSc
Handelskai 100/28, 1200 Vienna, Austria
FN 585595w, Commercial Court Vienna · VAT ATU79407438
Version: 12.10.2026. This version applies to contracts concluded on or after that date. Contracts concluded earlier remain governed by the version agreed when they were concluded, unless expressly agreed otherwise. This English text is a convenience translation; the German version prevails (§ 9.4).
1. Scope and Conclusion of Contract
1.1. These T&Cs apply to all services and contracts between Digimarketingbros e.U. (hereinafter “Digimarketingbros” or “Agency”) and its clients (hereinafter “client”).
1.2. Deviating conditions of the client are not recognised unless Digimarketingbros expressly agrees to them in writing.
1.3. Offers made by Digimarketingbros are subject to change. A contract is concluded only upon written order confirmation or by the commencement of service provision.
2. Scope of Services and Duty to Cooperate
2.1. The scope of services is defined by the respective offer or contract.
2.2. The client is obliged to support Digimarketingbros in providing the services. This includes in particular the timely provision of content, texts, images and access data.
2.3. Delays caused by a lack of cooperation on the part of the client are not at the expense of Digimarketingbros.
3. Copyright and Rights of Use
3.1. All services created by Digimarketingbros (designs, code, texts, strategies) remain the property of Digimarketingbros until the agreed remuneration has been paid in full (retention of title).
3.2. Exclusive right of use in individual work. Upon full payment the client receives, in the work Digimarketingbros creates specifically for it (individual work), the exclusive right of use (Werknutzungsrecht), unlimited in territory and time, for the types of use named in the offer, including the right to adapt it and to transfer it to third parties. Individual work includes in particular logos and corporate design (including colour system, design rules, brand manual and templates designed specifically for the client), other designs such as print materials and social media graphics, texts written specifically for the client’s website and social media, the design of a website and program code written specifically for the client, and photos and videos. Where the offer names no types of use, the right covers all types of use for the purposes of the client’s business; for a logo it also covers applying for it as a trade mark. Irrespective of whether copyright subsists in an individual work (para. 4), Digimarketingbros undertakes neither to use it for other clients itself nor to grant rights in it to third parties; para. 10 remains unaffected.
3.3. Modifications. The client may modify individual work itself or through third parties. Digimarketingbros is not liable for defects or damage resulting from such modifications. Modifications to other works of Digimarketingbros by third parties are permitted only with written consent; third-party materials are governed by their own licence terms.
3.4. Scope of the grant. Rights are granted to the extent that they exist and to the extent that Digimarketingbros holds them. Digimarketingbros gives no assurance that copyright or other exclusive rights exist in the services rendered or in individual components of them. The contractual undertaking under the last sentence of para. 2 remains unaffected.
3.5. Precedence for AI-generated content. § 15 applies to content generated wholly or predominantly automatically by artificial intelligence systems; para. 2 does not apply to such content and is replaced by § 15 paras. 3 and 5. Digimarketingbros creates logos itself as design work and does not generate them with artificial intelligence systems; para. 2 applies to them (§ 15 para. 13).
3.6. Reserved components. Themes, plugins, frameworks, libraries, templates, building blocks, scripts and know-how developed or acquired by Digimarketingbros before or independently of the engagement remain with Digimarketingbros. The client receives a simple, non-exclusive, non-transferable right of use for the operation of the contractual website. Third-party materials are governed by their own licence terms.
3.7. Exceptions to the exclusive right. Para. 2 does not cover: a) pre-existing components under para. 6; b) third-party materials, in particular themes, plugins, fonts, stock images and music, which are governed by their own licence terms, the client acquiring any licences required unless the offer provides otherwise (§ 14 para. 2); c) AI-generated content under para. 5; d) drafts and design directions not selected, which remain with Digimarketingbros.
3.8. Other services. In all other services, in particular other texts, concepts, strategies, analyses, reports and campaign structures, the client receives upon full payment a non-exclusive right of use, unlimited in time, for the agreed purpose.
3.9. Trade mark and attribution. Digimarketingbros owes an examination of trade mark registrability and of prior third-party rights (trade mark search) only where expressly agreed. Digimarketingbros is entitled to be named as the creator of its work, namely (a) by a discreet notice with a link in the footer of websites it creates (“Website by Digimarketingbros”) and (b) by a credit when photos and videos created specifically for the client are published in media, press and campaigns, to the extent such a notice is customary for the type of medium and technically possible. No credit is required for any other work, in particular logos, corporate design and print materials, or for product photos in online shops and on marketplaces. Where the client transfers rights in websites, photos or videos under sentence 2 to third parties, it shall pass this credit obligation on to them. At the client’s request, the credit under (a) or (b) is omitted against a reasonable fee agreed in the individual case.
3.10. Reference use. Digimarketingbros may show the services rendered for the client and the client’s name as a reference on its own website, in presentations and on its own social media channels if the client has consented in text form. The consent may be revoked at any time in text form with effect for the future.
4. Remuneration and Terms of Payment
4.1. Due date and recurring fees. Invoices are due within 14 days of the invoice date without deduction. Fees for ongoing services, in particular website maintenance under § 12, monthly marketing packages under § 16 and chatbot operation under § 18, are invoiced monthly in advance. Billing is by calendar month; a month in which the contract starts or ends is charged pro rata.
4.2. Prices. All prices are in euro net, plus statutory VAT (currently 20 %). Not included are third-party costs, in particular hosting, domain, licences and subscriptions, advertising budgets on ad platforms (§ 16 para. 5), printing costs (§ 17) and the running costs of AI models and related third-party services (§ 18), unless the offer expressly states otherwise.
4.3. Late payment. In the event of late payment, statutory default interest (§ 456 UGB) and a flat collection fee of EUR 40 (§ 458 UGB) apply; the right to claim further costs is reserved.
4.4. Suspension of services. If the client is more than 14 days in arrears with a fee, Digimarketingbros may, after a written reminder and a further 7 days, suspend the ongoing services until payment is received in full. The fee remains owed.
4.5. Transfer of rights. Rights of use pass to the client only on full payment (§ 3).
5. Acceptance and Warranty
5.1. After completion of the service, the client is obliged to accept the work. If no complaint is made within 7 working days, the service is deemed accepted.
5.2. The warranty period is 6 months from acceptance.
6. Limitation of Liability
6.1. Digimarketingbros is liable only for damage caused by gross negligence or intent. Liability for slight negligence, consequential damage and lost profit is excluded.
6.2. Digimarketingbros assumes no liability for the legal admissibility (in particular under competition, trade mark or data protection law) of campaigns approved by the client.
7. Confidentiality and Data Protection
7.1. Both parties undertake to treat all business secrets of the other party as confidential.
7.2. Personal data is processed in accordance with the GDPR. Please note that for certain services (e.g. tracking, Google Ads, operation of an AI chatbot under § 18) a data processing agreement (DPA/AVV) must be concluded.
8. Contract Types and Termination
8.1. Contract types. These terms cover (a) the build contract (one-off work, in particular the “Local Website” and “Business Website” packages, online shops, print design under § 17 and the set-up of a chatbot under § 18 para. 1), (b) the maintenance contract (continuing obligation under § 12) and (c) the monthly marketing contract (continuing obligation under § 16, including chatbot operation under § 18 para. 2).
8.2. Ordinary termination. The maintenance contract ends exclusively under § 12 para. 5; the monthly marketing contract and chatbot operation end exclusively under § 16 para. 3. Other contracts of indefinite term may be terminated on one month’s notice to the end of a month unless the individual contract provides otherwise.
8.3. Independence. Ending one contract does not affect the others. Terminating the maintenance contract, a monthly marketing contract or chatbot operation does not affect rights of use already acquired.
8.4. Settlement on early termination. If a build contract ends early, the services rendered up to that point are charged in proportion to the stage reached relative to the total scope, but at least at actual effort under § 10 para. 5.
8.5. Termination for good cause. Either party may terminate any contract with immediate effect for good cause, in particular payment default despite reminder, persistent breach of cooperation duties, unlawful client content or unauthorised interventions that impair the maintained website.
8.6. Wind-down. After termination Digimarketingbros hands over, on request, the data needed to continue, to the extent it concerns paid services. § 12 para. 10 applies to backups and § 16 para. 8 to ad accounts. The client changes access credentials after the contract ends.
9. Final Provisions
9.1. Austrian law applies exclusively.
9.2. The place of jurisdiction for all disputes arising from this contract is the court with subject-matter jurisdiction for Vienna.
9.3. Should any provision of these T&Cs be invalid, the validity of the remaining provisions is unaffected.
9.4. Language. These T&Cs are also available in an English translation. In the event of any discrepancy between the German and the English version, the German version prevails.
10. Revision Rounds and Additional Work
10.1. The scope of services includes the number of revision rounds stated in the offer. The “Local Website” package includes one revision round; the “Business Website” package includes two revision rounds and one hour of training.
10.2. A revision round is a single, consolidated written response by the client to a version submitted for review, collecting all requested changes to that version. The client submits it within five working days of handover, in text form.
10.3. A revision round is deemed used once Digimarketingbros begins implementation. Requests arriving later constitute a further round; several responses received before implementation begins count as one round.
10.4. Corrections of deviations from the agreed scope of services and the remedying of defects do not count as a revision round and are carried out free of charge.
10.5. Change requests beyond the included rounds, and extensions of scope (in particular additional pages, additional functions, redesign of approved elements), are charged by time at the hourly rate stated in the respective offer, per commenced half hour.
10.6. Before chargeable additional work begins, Digimarketingbros submits an estimate; work begins only after written approval.
10.7. Additional revision rounds extend the completion deadline by the time required.
11. Delivery Deadlines and the Client’s Cooperation
11.1. Digimarketingbros renders the services within the deadlines stated in the offer — seven working days for the “Local Website” package, three to four weeks for the “Business Website” package. These deadlines are binding once the conditions in para. 2 are met.
11.2. Time starts on the first working day on which all of the following are satisfied: a) the client has supplied all content in full, in particular final texts, images at sufficient resolution, logo, contact and company data, and the information required for the imprint and privacy policy (§ 13); b) the client has provided the necessary access to domain, hosting and, where included, the Google Business Profile; c) all queries have been answered; d) any agreed deposit has been received. Completeness is determined by the content checklist supplied by Digimarketingbros. The start of the period is confirmed in text form.
11.3. Working days are Monday to Friday excluding public holidays in Austria.
11.4. Where Digimarketingbros is waiting for the client to supply, respond or approve, time is suspended for the duration of the wait; after the delay ends, the deadline is extended by up to a further five working days for rescheduling.
11.5. Content supplied late does not shorten the deadline.
11.6. If the client fails to cooperate despite written request and a grace period of at least 14 days, Digimarketingbros may suspend the project and invoice the services rendered, charge the cost of re-familiarisation under § 10 para. 5 for resuming a project dormant for more than eight weeks, and withdraw from the contract after a further grace period expires without result, retaining the claim to remuneration for services already rendered.
12. Website Maintenance
12.1. Website maintenance is a contract separate from the build contract, of a continuing-obligation nature, and arises only on the client’s express order.
12.2. Within the agreed package it covers: a) updating core, theme and plugin versions; b) regular backups at the agreed interval; c) security monitoring; d) availability checks. Scope, backup interval and response time follow from the individual offer.
12.3. Not included are in particular: a) content changes and upkeep of texts, images and pages; b) new pages, functions, extensions, redesigns; c) search engine optimisation, advertising, content creation, consulting; d) costs for hosting, domain, e-mail and third-party licence and subscription fees, borne by the client; e) restoration or repair where the cause lies outside Digimarketingbros’ sphere, in particular unauthorised interventions by the client or third parties, installation of additional software, disclosure of access credentials, faults at the hosting provider and force majeure; f) adapting legal texts to changes in the law (§ 13 para. 7); g) migrations. These are rendered on separate order under § 10 paras. 5 and 6.
12.4. Security monitoring and availability checks are monitoring services, not a commitment to any particular availability and not a guarantee against attacks, malware or data loss. Availability is provided by the client’s hosting provider. Response times are times to act, not times to resolve.
12.5. Term and termination. The maintenance contract has no minimum term. It renews automatically by one calendar month unless terminated. Either party may terminate at any time with effect from the end of the current billing month; termination is timely if received no later than the last day of that month. No notice period applies. Termination requires text form; an e-mail to the address in the imprint suffices. Fees already due for the current month remain payable. The right to terminate for good cause is unaffected.
12.6. Maintenance included with a website build — no automatic conversion. Where a build package is ordered, website maintenance is included in the price for twelve months from go-live. That inclusive period ends automatically after twelve months and without replacement. It does not convert into a chargeable maintenance relationship. Continuation arises exclusively through an express, separate order in text form. Digimarketingbros notifies the client in text form no later than four weeks before expiry of the end of the period and of the option to continue on a paid basis; failure to notify does not extend the inclusive period.
12.7. When maintenance ends, the website remains with the client; updates, backups, monitoring and availability checks are no longer provided. Digimarketingbros is not liable for damage arising after the end of maintenance from the absence of maintenance.
12.8. Fee. The maintenance fee is from EUR 9.99 net per month. That figure is the entry price of the lowest service level; the applicable fee follows from the individual offer and depends on the number of pages, the technology used (WordPress or custom-built), the presence of an online shop or booking system, the number and type of plugins and interfaces, the backup interval and response time, and the number of language versions. The fee is payable monthly in advance and is owed irrespective of actual use. If the underlying parameters change, Digimarketingbros submits an adjusted offer; until it is accepted, the existing scope continues to be maintained.
12.9. Price adjustment. Digimarketingbros may adjust the fee on eight weeks’ notice in text form. The client may terminate with effect from the date the adjustment takes effect; the notice will draw attention to this right.
12.10. Backups after termination. Existing backups are retained for 30 days after the contract ends and made available on written request in a common format; the effort is charged under § 10 para. 5. Thereafter they are deleted. The client is responsible for its own backup copies.
12.11. Access credentials are not transmitted by unencrypted e-mail; the client treats them confidentially and changes them after the contract ends.
12.12. Changes to these terms affecting a current maintenance contract are notified in text form at least six weeks before they take effect. If the client does not object, they are deemed accepted; if the client objects, the maintenance contract ends when the change takes effect.
13. Legal Texts (Imprint, Privacy Policy, Cookie Banner) and Online Shops
13.1. Where included in the offer, Digimarketingbros produces the imprint, privacy policy and cookie notice as a technical text template and integrates them into the website, based exclusively on information supplied by the client and on the technology in use at the time of production.
13.2. No legal advice. Digimarketingbros is not a lawyer and provides no legal advice; in Austria legal advice is reserved to persons professionally authorised to give it. Producing and integrating the legal texts is a technical and editorial service and constitutes neither a legal review nor advice nor an assurance of legal compliance. Digimarketingbros does not owe a substantive review of accuracy, completeness or currency.
13.3. Client’s duty to check. The client is solely responsible for the content of the legal texts published and must check the templates before go-live and, in case of doubt, have them checked by a lawyer. By approving go-live the client confirms it has carried out that check or knowingly waived it.
13.4. Cookie banner. Digimarketingbros technically sets up a consent tool with opt-in and configures it according to the services in use at the time of handover. The statement “GDPR-compliant” refers to that technical functioning and configuration at the time of handover and is not an assurance of continuing legal compliance. If the client subsequently adds services, scripts, plugins, fonts, maps, videos or tracking tools, or changes the configuration, that statement ceases to apply to the affected parts.
13.5. The client supplies the required information completely and correctly, in particular company name and legal form, address, commercial register number and court, VAT number, trade, supervisory authority, chamber membership, and details of the data processing it operates. Digimarketingbros adopts this information unchecked.
13.6. Liability. Digimarketingbros is not liable for disadvantages arising from the content of the legal texts, in particular not for warning letters, cease-and-desist demands, collective actions, fines, administrative penalties, third-party damages claims or associated legal and procedural costs. This does not apply in cases of intent or gross negligence. Otherwise § 6 applies.
13.7. No ongoing updating. Monitoring the legal position and continuously adapting the legal texts are not part of the build service and not part of website maintenance under § 12. The client is responsible for keeping its legal texts current; adaptation can be ordered separately.
13.8. If the client or a third party engaged by it changes the legal texts after handover, all responsibility of Digimarketingbros for the changed texts ceases.
13.9. Online shops. For online shops, Digimarketingbros technically sets up the checkout functions stated in the offer, in particular an order summary before the order is placed, an order button labelled “zahlungspflichtig bestellen” (“order with obligation to pay”), prices including VAT with a notice on shipping costs, country-specific tax rates for the agreed delivery countries, a withdrawal function (“Vertrag widerrufen” / “withdraw from contract”) and an order confirmation by e-mail. This set-up is a technical service as at handover; paras. 2, 3, 6 and 7 apply accordingly. As the seller, the client remains responsible for complying with the rules that apply in the delivery countries, in particular consumer, price indication, product safety, packaging and tax law, including tax registrations.
14. Duty to Cooperate — Content and Third-Party Rights
14.1. The client warrants that it holds all rights required for the agreed use in all content it supplies — in particular texts, images, graphics, logos, trade marks, fonts, videos, music, databases and software — and that their use infringes no third-party rights, in particular no copyright and related rights, trade mark and other identifier rights, personality rights including the right to one’s own image, database rights or competition-law requirements.
14.2. The client evidences the necessary rights on request. Where persons are depicted, obtaining consent is the client’s responsibility. Where Digimarketingbros procures licensed material on the client’s behalf, the client bears the licence costs; the licence applies exclusively to the commissioned project.
14.3. The warranty under para. 1 also applies to content the client has generated, wholly or in part, using artificial intelligence tools, or has had generated.
14.4. Digimarketingbros is not obliged to check supplied content for infringements but is entitled to refuse its use or remove it where there are concrete indications of an infringement or of reputational damage. Resulting delays are not at the expense of Digimarketingbros.
14.5. Indemnity. The client indemnifies and holds Digimarketingbros harmless against all third-party claims arising from the infringement of rights in supplied content or from its unlawful content. The indemnity covers reasonable costs of legal defence as well as settlement, damages and procedural costs. Digimarketingbros informs the client without delay and makes no admissions without the client’s consent.
14.6. The client is the controller for personal data processed on the website. Where Digimarketingbros processes personal data on its behalf, the separately concluded data processing agreement applies in addition.
14.7. Business-to-business only. The offers of Digimarketingbros are directed exclusively at entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code). No contract is concluded with consumers within the meaning of the Austrian Consumer Protection Act (KSchG).
15. Use of Artificial Intelligence by Digimarketingbros
15.1. Use. Digimarketingbros uses artificial intelligence systems and tools in rendering its services, in particular to generate and edit images and graphics and to create and revise texts. The client acknowledges and consents to this use. A claim to content created exclusively without AI assistance exists only where expressly agreed in writing and is remunerated separately.
15.2. Disclosure. Digimarketingbros discloses the use of AI tools in the offer. At the client’s request it provides an overview of the content concerned and names the tools used. Content is not labelled on the published website unless labelling is required by law or requested by the client.
15.3. Client’s rights. In respect of AI-generated content created for the client, the client receives the broadest legal position Digimarketingbros holds, together with the right, unlimited in territory, time and content, to use, edit, modify, reproduce, make publicly available and transfer that content to legal successors. The rights pass upon full payment (§ 3 para. 1).
15.4. No exclusivity by way of copyright. Under the law as it currently stands, content generated automatically without sufficient human creative contribution regularly attracts no copyright. Digimarketingbros can therefore neither grant an exclusive right of use in such content nor warrant that third parties do not hold, generate or use identical or similar content. Copyright exclusivity can be achieved only through specially produced, human-created content; Digimarketingbros expressly draws attention to this and will produce such content on request for separate remuneration.
15.5. Contractual exclusivity. Digimarketingbros undertakes not to use the AI-generated image and text content created for and delivered to the client, in identical or near-identical form, for other clients. Excepted are reference use under § 3 para. 10 and generic, non-client-specific design elements such as backgrounds, patterns, icons and structural graphics.
15.6. Warranty and third-party rights. Digimarketingbros selects tools in accordance with para. 7 and reviews generated content with the diligence of a prudent business for recognisable infringements. Beyond this it cannot warrant that AI-generated content is free of third-party rights: the training data of the systems used is neither known nor verifiable to Digimarketingbros. No assurance of freedom from third-party rights is given. As against entrepreneurs, the warranty for defects in title in AI-generated content is limited to remediation under para. 9.
15.7. Selection of tools. For client deliverables Digimarketingbros uses only tools, at usage tiers, whose terms permit (a) commercial use, (b) modification, and (c) transfer to clients to the extent of para. 3. On request it names the tools used.
15.8. Client’s duty to check and approve. The client checks delivered content before approval and publication, in particular for factual accuracy, completeness and currency of texts; for correspondence of image content with the actual circumstances of its business — in particular premises, persons, products, services, awards and references; and for compliance with the professional, ethical and competition-law rules applicable to it. The client ensures that no image creates the incorrect impression that it depicts the client’s business, premises, staff, customers or actually rendered services. On approval the client assumes responsibility for publication.
15.9. Procedure on alleged infringement. If a third-party claim is asserted in respect of AI-generated content delivered by Digimarketingbros, the parties inform each other without delay and agree the further course of action. Digimarketingbros is entitled and obliged to remove the content complained of at its own cost within a reasonable period and replace it with equivalent content. Neither party makes any admission without the other’s consent.
15.10. Allocation of liability. For third-party claims based on AI-generated content delivered by Digimarketingbros, Digimarketingbros is liable in accordance with § 6 and para. 9. The client bears the consequences itself to the extent that it approved the content knowing of, or in gross negligence of, specific indications of an infringement; altered it or had it altered after handover; used it beyond the contractually intended purpose — in particular as a trade mark, logo or business identifier, in print, in paid advertising, or outside the contractual website; or caused its creation through specific instructions or supplied templates. § 14 para. 5 applies accordingly.
15.11. No use as an identifier. AI-generated content is not intended for use as a trade mark, logo or other business identifier. Any such use, or registration as a trade mark, requires a separate written agreement. Digimarketingbros points out that such content regularly attracts no copyright and that registrability and freedom from prior rights must be examined separately.
15.12. Statutory labelling and transparency obligations. Where statutory provisions, in particular Art. 50 of Regulation (EU) 2024/1689 (AI Act), require labelling or disclosure of AI-generated content on the published website, compliance is the responsibility of the client as operator of the website. Digimarketingbros provides the information required for this under para. 2. § 18 applies to AI-supported dialogue systems (chatbots).
15.13. Delimitation. This § 15 applies to content that remains predominantly automatically generated in its final form. Where content acquires its own creative character through human editing, selection and design — in particular logos, figurative marks and other identifiers created by Digimarketingbros as design work, and editorially revised texts — § 3 and the rights set out there apply to it; paras. 4 and 11 do not apply. Texts and images supplied by the client are governed exclusively by § 14.
15.14. Labelling of AI-generated images. Digimarketingbros labels predominantly automatically generated image content published on the website as AI-generated. The client maintains that labelling unless expressly agreed otherwise.
16. Ongoing Marketing Services (Monthly Packages)
16.1. Scope. This § 16 applies to ongoing marketing services billed monthly, in particular the Local SEO, Content & On-Page, GEO (visibility in AI-powered search systems), Google Search Ads, Performance Max, Meta Ads and Social Media Management packages. The scope follows from the respective offer. Each package booked is a separate contract.
16.2. Start and term. The contract starts on the service start date stated in the offer, or failing that on the date of the order confirmation. It is concluded for an indefinite term and has no minimum term.
16.3. Termination. Either party may terminate the contract with effect from the end of any calendar month on 14 days’ notice; receipt of the notice is decisive. Termination requires text form; an e-mail to the address in the imprint suffices. The right to terminate for good cause (§ 8 para. 5) is unaffected.
16.4. Fee. The monthly fee is invoiced in advance under § 4 para. 1 and is owed regardless of actual use. Where performance is delayed because the client does not provide its cooperation (§ 2, in particular access, approvals, content), the fee remains owed.
16.5. Advertising budget. The advertising budget (media spend) on Google, Meta or other ad platforms is not part of Digimarketingbros’ fee. The client pays it directly to the platform through an ad account in its own name using its own payment method and is the platform’s contracting party in that respect. Digimarketingbros manages campaigns within the budget agreed with the client; deviations resulting from the platform’s billing rules (such as daily budget overspend within the monthly budget) are not at Digimarketingbros’ expense. Digimarketingbros is not liable for platform decisions, in particular ad disapprovals, account suspensions and billing. Digimarketingbros advances advertising budget only under a separate written agreement.
16.6. No guaranteed result. Digimarketingbros owes the agreed activities, not a particular result — in particular no specific rankings, mentions in AI answers, reach, clicks, enquiries or sales — unless expressly agreed otherwise in writing.
16.7. Price adjustment. § 12 para. 9 applies accordingly.
16.8. End of contract. When the contract ends, Digimarketingbros stops the ongoing service. At the end of the contract Digimarketingbros pauses the running ad campaigns, unless the client instructs otherwise in text form no later than five working days before the contract ends. Otherwise Digimarketingbros hands over ad accounts, profiles and other accounts unchanged; campaigns, ads, settings and data are not deleted. Digimarketingbros then removes its own access. From the end of the contract the client is solely responsible for the further use of the accounts and for all advertising costs incurred thereafter. Otherwise § 8 para. 6 applies.
17. Print Services
17.1. Digimarketingbros’ prices for print products cover the design and the production of print-ready files, including the revision rounds stated in the offer (§ 10).
17.2. Printing itself (in particular printing, paper, finishing, packaging and shipping) is not included. It is either invoiced directly by the printer to the client or, where Digimarketingbros orders the printing at the client’s request, passed on at cost without mark-up. Digimarketingbros states the expected printing costs before ordering from the printer and evidences them on request.
17.3. Before files go to the printer the client gives print approval in text form. Digimarketingbros is not liable for errors recognisable in the approved version. Minor colour differences between screen, proof and print are technical and not a defect.
18. AI Chatbot
18.1. Set-up. The set-up of an AI-supported chatbot (in particular set-up, training on content provided by the client and integration into the website) is a build contract. The scope follows from the offer.
18.2. Operation, term and termination. Ongoing operation of the chatbot by Digimarketingbros is a separate contract. § 16 paras. 2 to 4 and para. 7 apply accordingly to start, term, termination and fee; the contract has no minimum term.
18.3. Running costs. The running costs of the AI model used (usage-based fees of the model provider) and related third-party services are passed on to the client at cost without mark-up, invoiced monthly in arrears according to actual use. Digimarketingbros evidences the costs on request.
18.4. Cost limit. At the client’s request Digimarketingbros sets a monthly cost limit; when it is reached the chatbot may be restricted or switched off until the end of the month.
18.5. AI notice. Digimarketingbros sets up the chatbot so that users are clearly informed at the start of the interaction that they are interacting with an AI system (Art. 50(1) of Regulation (EU) 2024/1689). The client does not remove or alter this notice and does not use the chatbot for purposes that are prohibited or classified as high-risk under the AI Act.
18.6. Data protection and data processing agreement. The client is the controller for personal data processed through the chatbot (§ 14 para. 6). It informs users about the processing in its privacy policy and ensures a legal basis. Where Digimarketingbros operates the chatbot or processes personal data in doing so, the parties conclude a data processing agreement under Art. 28 GDPR before go-live, naming in particular the model provider and other sub-processors, the place of processing and the retention period for conversation data. Without this agreement the chatbot is not put into operation with real data.
18.7. Chatbot answers. Chatbot answers are generated automatically and may be wrong or incomplete. As operator, the client is responsible for the content it provides to the chatbot and for the use of the chatbot towards its users. § 6 applies.