These terms apply to all contracts between swype F2M GmbH and its clients for services in social media marketing, UGC, creator production and performance marketing.
This is a non-binding English translation provided for convenience. The German version of this document is the legally binding original.
These terms apply exclusively. Deviating or conflicting terms are not recognized unless we expressly agree to their validity in writing.
Offers are non-binding. A contract is formed by written order confirmation or mutual signing of a Statement of Work (SoW).
The specific scope of services results from the respective SoW. Changes or extensions require a written amendment (change request).
The client provides, in good time, all information, approvals, brand guidelines and materials necessary for the provision of services. Delays due to lack of cooperation extend delivery deadlines accordingly.
Upon full payment, the client receives the usage rights to the final products agreed in the SoW. Prior to full payment, all rights remain with swype®. Creator content is additionally subject to the rights of the respective creators (typically 12 months of paid usage).
Both parties undertake to treat confidential information of the other party as confidential for an unlimited period of time. Excluded is information that is demonstrably publicly known or must be disclosed by law.
swype® is liable for damages only in cases of intent or gross negligence. Liability for slight negligence is excluded to the extent permitted by law. Liability is limited to the respective order volume.
Retainers have a minimum term of 3 months and are automatically extended by 1 month at a time unless terminated 30 days before the end of the month. Project contracts end upon complete provision of services.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of performance and jurisdiction is Vienna. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
These terms are a placeholder draft and will be finalized by legal counsel before going live.