Terms & Conditions
Terms & Conditions
1. SCOPE OF APPLICATION
1.1 These General Terms and Conditions (“GTC”) apply—unless expressly agreed otherwise—to all business relationships between PicMyPlace GmbH (“PicMyPlace”, “Real Agency | PicMyPlace GmbH”, “we”, “us”) and the customer.
1.2 We operate the website www.realagency.at
and offer a variety of marketing services, including the creation of real estate visualizations, branding, campaign management, drone footage, real estate photography, virtual tours, film and video production, floor plan drawings, website development, and other marketing services. Unless defined otherwise, this includes all creative works (in particular photographs, renderings, 3D visualizations, videos, logos, floor plan drawings, audio works, and creations in the field of design and graphics).
1.3 All works created by us constitute protected works within the meaning of the Copyright Act. This includes the exclusive right to reproduce, distribute, exhibit, and publicly display the works, as well as the right to edit and modify them. All rights remain with us until full payment for the services provided has been made.
1.4 By accepting the offer, the customer declares their consent to these GTC. In the event of multiple contractual transactions concluded at different times, the version of the GTC valid at the time of the customer’s order becomes part of each contract.
1.5 Contracts can only be concluded on the basis of these GTC. Deviating, conflicting, restrictive, or supplementary terms and conditions of the customer require our express written consent in order to become part of the contract in individual cases. In particular, our performance of contractual obligations shall not be considered acceptance of any terms deviating from these GTC.
1.6 We reserve the right to amend these GTC at any time with effect for future contracts. The currently valid version of the GTC is published under the section “GTC” on www.realagency.at
, together with a version note.
1.7 Our services are directed exclusively toward entrepreneurs acting in the course of their business. Consumers are excluded as customers unless expressly agreed otherwise.
2. ORDERS AND CONCLUSION OF CONTRACT
2.1 The presentation of our services on our website or in other media does not constitute a legally binding offer.
2.2 A contract is concluded when the customer accepts an offer in writing. The offer becomes binding as soon as it is accepted in writing by the customer.
2.3 We reserve the right to reject orders without stating reasons.
2.4 During ongoing projects, additional orders or expansions of the existing assignment may become necessary. This may occur through the commissioning of additional (partial) services or through required revisions after the included correction rounds have been exhausted. We are entitled to invoice the resulting effort retroactively without requiring a separate offer.
3. SERVICES
The scope of the services to be performed by us is described in detail at www.realagency.at.
4. CONDITIONS OF PERFORMANCE
4.1 Project Start
4.1.1 A project will commence only once all required documents and information have been provided in full by the customer and the agreed deposit has been received in our bank account.
4.1.2 We reserve the right to postpone the project start if the deposit is not paid on time or if necessary documents are incomplete.
4.1.3 Upon placing the order, the customer must provide all documents necessary for the performance of the agreed services. The customer is strictly liable for the accuracy and completeness of the documents provided (e.g., building plans, interior plans, construction and equipment descriptions, logos, colors, fonts, etc.). The customer is likewise liable for any defects arising from insufficient detail or missing information. The documents submitted always form the contractual basis.
4.2 Performance of Services
4.2.1 The detailed description of the services to be provided is set out in the respective project agreement.
4.2.2 Services may be delivered in partial stages. Each partial service will be submitted to the customer for acceptance before proceeding to the next stage.
4.2.3 The customer must review each partial service without delay and accept it in writing or report any defects within 14 days. If no response or objection is received within this period, the partial service is deemed accepted.
4.2.4 Timely acceptance is necessary to ensure project progress and enable timely adjustments. If corrections to already accepted partial services become necessary, we are entitled to invoice the resulting effort.
4.2.5 The customer acknowledges that timely acceptance and feedback are required for completion of the overall service. Delays may extend project timelines and result in additional costs.
4.2.6 If the customer exceeds the 14-day acceptance and feedback period, we are not required to immediately resume the project. In such cases, we may allocate internal resources elsewhere, potentially causing further delays for which we cannot be held liable.
4.2.7 If we guarantee a project completion time, this guarantee is valid only if the customer provides feedback within 3 working days. If no feedback is provided, the guaranteed completion time lapses.
4.2.8 If the customer provides no feedback within 60 days, we may terminate the project and issue a final invoice based on progress to date. Additionally, we may charge a cancellation fee of 10% of the net contract value.
4.2.9 Services are rendered according to the generally accepted state of the art and the agreed specifications. We are entitled to use subcontractors or external service providers to perform the services.
4.3 Concept and Idea Protection
4.3.1 If a potential customer invites us to create a concept before concluding the main contract, and we comply with this request, the following provisions apply:
4.3.2 By issuing and accepting the invitation, the potential customer and we enter into a contractual relationship (“pitching contract”). This contract is also subject to these GTC.
4.3.3 The potential customer acknowledges that we incur significant preliminary costs in preparing a concept, even though the customer has not yet assumed any performance obligations.
4.3.4 The concept is protected under copyright law in its linguistic and graphic components insofar as they constitute copyrightable works. Use or modification of these components without our consent is prohibited under copyright law.
4.3.5 The concept also contains advertising-related ideas that may not constitute copyrightable works. These ideas form the initial spark of later marketing strategies and are protected if they are distinctive and shape the characteristic identity of the strategy. Ideas include, in particular, slogans, advertising texts, graphics, illustrations, and promotional materials, even if they do not qualify as copyrighted works.
4.3.6 The potential customer undertakes not to use or exploit the creative advertising ideas we present, except within the correction framework of a later main contract.
4.3.7 If the potential customer believes that an idea presented by us was already developed by them before the presentation, they must notify us in writing within 14 days, providing evidence allowing temporal attribution.
4.3.8 If no such notification is made, the parties assume that we presented a new idea to the customer. If the idea is subsequently used, it is deemed that we contributed to it.
4.3.9 The potential customer may release themselves from these obligations by paying appropriate compensation, calculated on a case-by-case basis, plus 20% VAT. The release becomes effective only upon full receipt of payment.
5. PROVISION OF SERVICES
5.1 Provision of Digital Content
5.1.1 Digital content created by us is provided online. The customer may access, view, and download the content via links.
5.1.2 Digital content is generally available 24 hours a day during the agreed term. However, we are not required to maintain specific server capacities; temporary outages may occur.
5.1.3 We may temporarily suspend the platform or specific services for maintenance or to prevent malfunctions. Planned interruptions will be communicated in advance.
5.2 Hosting of Websites and Other Applications
5.2.1 We also offer hosting for websites, virtual tours, and other applications. This includes hosting data on our server and providing an access link.
5.2.2 Availability is generally ensured 24/7 but is not guaranteed without interruption.
5.2.3 Temporary interruptions due to maintenance or technical issues do not entitle the customer to any claims.
5.2.4 We may temporarily block or remove hosted content for important reasons, including:
breaches of essential contractual obligations;
exceeding usage rights;
data protection or security violations;
alleged infringement of third-party rights;
changes in legal or regulatory requirements.
6. CUSTOMER DUTIES AND COOPERATION
6.1 Provision of Information and Materials
6.1.1 Project success depends heavily on the customer’s active and timely cooperation. The customer must provide all necessary information and materials (e.g., building plans, technical data, access credentials).
6.1.2 The customer is strictly liable for the accuracy and completeness of the materials provided. Missing or insufficient information may lead to defects for which the customer is responsible.
6.2 Cooperation, Feedback, and Acceptance
6.2.1 The customer must actively cooperate and promptly fulfill any requirements, including feedback and approvals.
6.2.2 Partial services must be reviewed and accepted or objected to within 14 days; otherwise, they are deemed accepted.
6.2.3 Corrections required after acceptance or due to faulty documents will be invoiced.
6.2.4 If the customer fails to cooperate, we may invoice the current project status and suspend work. After a written reminder and 30 days without response, the customer must settle the outstanding effort.
6.3 On-Site Services
6.3.1 The customer must appear punctually and ensure access to on-site locations.
6.3.2 If access is not granted, additional effort may be invoiced.
6.3.3 The customer must ensure all necessary permissions are in place and indemnify us against third-party claims.
6.4 Responsibility for Data and Materials
6.4.1 The customer is obligated to review all materials provided for the execution of the order (photos, logos, etc.) for possible copyrights, trademark rights, distinguishing marks, or any other third-party rights (“rights clearance”) and guarantees that the materials are free of third-party rights and may therefore be used for the intended purpose. We shall not be liable—except in cases of gross negligence or after fulfilling our duty to warn—within the internal relationship with the customer for any infringement of such rights by materials provided. If we are held liable by a third party due to such an infringement, the customer shall indemnify and hold us harmless and compensate us for all disadvantages arising from such third-party claims, including reasonable legal representation costs. The customer undertakes to support us in defending against any third-party claims and shall provide all relevant documents without being requested.
6.4.2 The customer must regularly back up all provided and hosted data to prevent data loss.
6.5 Access and Use of Hosted Services
6.5.1 The customer must provide all necessary access data and permissions for the use of hosted services.
6.5.2 The customer is responsible for ensuring that the use of hosted content complies with contractual and legal requirements, including copyright and data protection laws.
7. INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT
7.1 The customer grants us a free, non-exclusive, unlimited, irrevocable right to use, reproduce, publish, edit, and exploit all works created by us in the course of providing services, including but not limited to visualizations, photos, videos, graphics, texts, and other creative works.
7.2 The license also includes the right to use insights and data derived from our services for our own purposes, including publication on our website, portfolios, and other marketing materials.
7.3 We will not disclose customer information to third parties in a personally identifiable manner. Customer data will be anonymized to maintain confidentiality.
7.4 This license remains valid even after the agreed service period or termination of the agreement.
7.5 The customer expressly declares that they hold all rights necessary to grant the above license and that no third-party rights (e.g., personality, copyright, or data protection rights) are violated.
7.6 The website www.realagency.at itself—including texts, images, graphics, layout, structure, and underlying source code—may be subject to copyright protection. These elements may not be reproduced or modified without our express written consent.
8. LICENSE RIGHTS
8.1 Under these GTC, we grant the customer a license to use the works created within the scope of our marketing services. This license permits use for the customer’s business activities, without time or territorial limitation. The customer may reproduce and publish the works but may not edit, modify, or alter them. Works may be shared free of charge with third parties contractually engaged by the customer (e.g., sales partners, graphic designers, advertising agencies) where such sharing is required for collaboration.
8.2 The customer is strictly liable for ensuring third-party compliance with these licensing terms. In particular, third parties may not transfer the works to any fourth party.
8.3 The customer may not duplicate or commercially exploit the works or underlying database beyond the intended use.
8.4 Watermarks on purchased works may not be altered, removed, or cropped.
8.5 The customer is liable for all breaches of license terms. We reserve the right to claim damages exceeding statutory limits.
8.6 For any publication of the works (print, digital, web, social media, applications), the copyright notice © Real Agency must be clearly and visibly displayed and must not be removed or altered.
9. PAYMENT TERMS
9.1 Fees are based on the prices agreed at the time of contract conclusion.
9.2 Invoices and payment collection are conducted via email.
9.3 In the event of default, we may charge interest at 9.2% above the ECB base rate, plus all collection costs.
9.4 In case of default, all services provided under other contracts with the customer may be declared immediately due.
9.5 We may withhold further services until outstanding amounts are fully settled.
9.6 If installment payments are agreed, late payment results in loss of installment privileges (“acceleration clause”).
9.7 Offsetting claims is only permitted if legally established or acknowledged by us.
9.8 Payments must be made to the bank account indicated on the invoice.
9.9 Deposits must be paid prior to project commencement.
9.10 We may require advance or partial payments before certain project phases.
9.11 Payments must be made in the invoiced currency; bank charges are borne by the customer.
9.12 Recurring services may be billed periodically (monthly, quarterly).
9.13 Price adjustment clause for recurring services.
(1)We may adjust prices to reflect market changes or increased costs (e.g., hosting, salaries).
(2) Adjustments will be communicated in writing at least 4 weeks before taking effect.
(3) If the customer does not object within 14 days, the adjustment is deemed accepted.
(4) The notification will explicitly reference this deadline and its effects.
(5) If the customer objects, we may terminate the contract unless agreement is reached.
(6) Does not apply to one-time or fixed-price contracts.
(7) Applies only to B2B relationships; not to consumers.
10. WARRANTY
10.1 The customer must inspect all works (visualizations, photos, videos, graphics, texts, and other creative works) upon delivery and report defects within 14 days. If no defect is reported, the works are deemed accepted, and all warranty, annulment, or damage claims are excluded.
10.2 The presumption of § 924 ABGB does not apply.
10.3 While we strive for reliable availability of online content, we cannot guarantee uninterrupted access due to internet risks and third-party infrastructure.
10.4 If defects attributable to us are identified, we will remedy them within a reasonable period.
10.5 Warranty claims are excluded for improper handling, modifications, or alterations by the customer or third parties.
10.6 Normal wear and tear is excluded from warranty.
10.7 For essential defects that cannot be remedied, the customer may demand a price reduction or—if the defect renders the work unusable—rescission of the contract.
10.8 The customer is responsible for verifying the legal compliance (competition law, trademark law, copyright law, administrative law) of the works. We are only required to conduct a superficial legal review. We are not liable for the legality of content provided or approved by the customer.
11. LIABILITY
11.1 We are liable—except in cases of personal injury, death, or under the Product Liability Act—only for damages caused intentionally or through gross negligence. The customer bears the burden of proof.
11.2 We are not liable for damages arising from:
technical failures outside our control,
communication, data, transmission, or database errors,
data loss,
internet or third-party service failures,
software failures, hacking, or internet-related incidents,
unrealized savings,
third-party claims,
termination for cause,
lost profits or consequential damages.
11.3 The customer shall indemnify and hold us harmless against any consequences arising from:
breaches of these GTC,
unlawful use of the works or associated data,
third-party claims due to alleged IP, personality, or data protection violations caused by customer-provided data,
any damage arising from customer violations.
11.4 We have no influence over the content or design of linked external websites. We do not assume liability for their accuracy, completeness, or currency.
11.5 We accept no liability for claims brought against the customer due to marketing measures provided by us if we met our duty to warn. This includes legal costs, publication orders, damage claims, and third-party claims.
12. DATA PROTECTION
We process personal data strictly in accordance with applicable data protection laws. We also commit to maintaining the confidentiality of all business and trade secrets obtained during the collaboration. Further details are provided in our Privacy Policy.
13. OTHER PROVISIONS
13.1 All contracts between us and the customer are governed exclusively by the substantive law of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods and conflict-of-law rules.
13.2 The exclusive place of jurisdiction for all disputes is the competent court for 1010 Vienna.
13.3 If any provision of these GTC is invalid or incomplete, this does not affect the validity of the remaining provisions. The parties shall replace the invalid provision with one that comes closest to its intended effect.
13.4 All contracts may be amended or supplemented in writing on an individual basis. In the event of a conflict between these GTC and individual written agreements, the latter shall prevail.
Version dated: 14 July 2024
