Head of SEO at SEOschmiede
The following terms and conditions apply to our consulting, SEO and online marketing services. They govern the scope of services and project processes, obligations to cooperate, remuneration, terms/cancellation periods and rights of use to content and data. By placing an order, you confirm that you have read and accepted these terms and conditions.
(1) These General Terms and Conditions (GTC) of SEOschmiede - Agentur für SEO & Content-Marketing e.U. apply to all current and future offers, orders and services of SEOschmiede vis-à-vis the client.
(2) Special conditions for individual types of services (e.g. hosting, support, maintenance, SEO packages, content production, link building, placement of paid advertising such as Google Ads, use of AI/tracking tools) apply in addition, insofar as they are mentioned in the offer or annex.
(3) Deviating or supplementary terms and conditions of the client shall only be effective if SEOschmiede has expressly agreed to them in writing in advance.
(4) These GTC apply exclusively to entrepreneurs within the meaning of the Austrian Commercial Code (UGB). Contracts with consumers are not concluded.
(5) Upon conclusion of the contract, the contracting parties shall declare that they are entrepreneurs and are acting within the scope of their business and shall provide UID and/or company register number or suitable evidence upon request. If it subsequently transpires that, contrary to this declaration, there is no business transaction, the mandatory consumer protection provisions shall apply.
(1) Unless a separate contractual agreement has been made, the contractual relationship between SEOschmiede and the client is established by an offer from SEOschmiede and acceptance by the client. Acceptance generally requires written confirmation (e.g. by e-mail).
(2) A contract can also be concluded conclusively (by implication) if both parties indicate agreement on the content of the contract through concurring expressions of intent - in particular through implied behavior. In this case, the contract shall be deemed concluded.
(3) Deviating or supplementary terms and conditions of the client shall only become effective if SEOschmiede expressly agrees to them in writing in advance.
(4) Offers made by SEOschmiede are subject to change and non-binding, unless otherwise stated. In the absence of a validity period, offers shall be valid for a maximum of 14 days from the date of issue; SEOschmiede may revoke an offer at any time prior to acceptance.
(5) Term and regular termination. If a fixed-term collaboration has been agreed upon, the contract ends upon the expiration of the agreed term, unless otherwise agreed. After the expiration of a minimum term, the contract is extended for an indefinite period. Unspecified fixed-term contracts may be terminated by either party with a two-month notice period at the end of a calendar month in text form (e-mail is sufficient); the agreed minimum term must be observed. The deadline is determined by the receipt of the notice of termination from the other contracting party. In the case of a regular termination, the agreed services will continue to be provided until the end of the contract. Agreed monthly flat fees will be fully charged up until the last month of the contract.
(6) Extraordinary termination. The right to extraordinary termination for good cause remains unaffected.
(1) SEOschmiede shall provide the agreed services to the best of its knowledge and belief and with reasonable professional care. The exact scope of services is set out in the offer accepted by the party placing the order or in a separate service description. In the absence of an express agreement to the contrary, SEOschmiede shall not owe any specific success.
(2) SEOschmiede is not obliged to provide evidence of the specific measures or work equipment used to the client. Unless expressly agreed otherwise, the place and time of performance shall be at the discretion of SEOschmiede.
(3) SEOschmiede may make technical optimization suggestions; their proper implementation on the client's systems is the sole responsibility of the client.
(4) All analytics and tracking tools used by SEOschmiede as well as other measurement and evaluation tools shall be determined by SEOschmiede; SEOschmiede shall endeavor to adapt services to technical developments and may change agreed services to the extent that this does not impair the core services and is reasonable for the client.
(5) Delivery dates are non-binding. SEOschmiede may provide services in parts and use subcontractors or vicarious agents.
(6) The fulfillment of the contract is subject to unforeseeable events or events beyond the control of the parties (force majeure). In such cases, SEOschmiede's obligation to perform shall be suspended without any liability; deadlines shall be extended accordingly. The terms of payment shall remain unaffected by this.
(7) The client acknowledges that rankings in search engines are influenced by algorithms, technical requirements, the link profile and other circumstances for which the client is responsible. SEOschmiede therefore provides no guarantee of success for rankings, visitor numbers, conversions or other target figures.
(8) Limitation of liability with regard to target achievement and other claims. Further claims by the client against SEOschmiede due to failure to achieve a specific result (e.g. rankings, visitor numbers, conversions) are excluded, unless liability exists in accordance with point 10.
(1) The client shall be obliged to support SEOschmiede free of charge, in full and in good time in the proper provision of the services and to provide all information, documents, access and decisions required for this. The client shall be responsible for establishing the technical requirements and carrying out the necessary implementations.
(2) Access, security, personal data. The client shall grant SEOschmiede the agreed and necessary secure access (e.g. CMS, hosting, search console, analytics) to the extent specified by SEOschmiede. You shall ensure that these accesses do not contain any malware and restrict the rights granted to the necessary areas. If personal data is involved, these accesses will only be granted by separate agreement and in compliance with legal requirements.
(3) Data and software integrity. The client warrants that the software products, data carriers, files and media handed over by them are free of viruses and malware and have been checked with up-to-date virus protection before handover. If licenses for software, images or other media are required, the client shall ensure the corresponding rights of use.
(4) Legal conformity of the content. The clients are solely responsible for the legality of the content provided or entered by themselves (in particular copyright, trademark, competition, data protection and other legal issues). They shall check the content before handing it over and shall indemnify and hold SEOschmiede harmless in the event of claims by third parties; this also includes the reimbursement of any necessary legal defense costs.
(5) Interfaces / technical cooperation. If connections to third-party systems or interfaces are the subject of the order, the clients shall ensure a precise definition of the data model, the access and comparison methods, suitable test data and the necessary technical support by suitable contact persons or specialists at the client's expense in good time.
(6) Backup obligation. The client is responsible for backing up the data and information provided to them by SEOschmiede or which they themselves have provided; SEOschmiede assumes no obligation to back up data and is not liable for data loss, unless otherwise agreed.
(7) Inspection after implementation. The client shall check the services performed by SEOschmiede during and after completion of the work for functional and status deviations from the previous status and shall report any deviations found immediately.
(8) Consequences of insufficient cooperation. If the client fails to provide cooperation obligations properly or on time, any resulting delays, additional work or additional costs shall be borne by the client; SEOschmiede may charge for the additional work incurred. In addition, the client shall be obliged to indemnify SEOschmiede if third parties assert claims against SEOschmiede due to inadequate cooperation.
(9) Non-solicitation clause. For the duration of the contractual relationship and for a period of six (6) months after its termination, the client undertakes not to directly or indirectly entice away employees or other persons of SEOschmiede or to employ or commission them without the consent of SEOschmiede who were directly involved in the provision of the contractual services. In the event of infringement, a contractual penalty of three (3) months' net remuneration from the respective contractual relationship shall be due; the right to assert further damages remains reserved. Any contractual penalty shall be offset against any damages claimed.
(1) Currency and taxes. All prices are quoted in euros (EUR) plus statutory value added tax and other public charges, if applicable.
(2) Remuneration / invoicing. Unless a lump sum price has been agreed, services shall be invoiced according to the hourly or daily rates specified in the offer. Deviations from the contractually agreed workload for which SEOschmiede is not responsible shall be invoiced additionally on a time and material basis. Travel, daily and overnight costs as well as other expenses shall be reimbursed additionally; travel time shall be deemed to be working time unless otherwise agreed.
(3) Advance payments / partial services. SEOschmiede is entitled to demand advance payments or partial invoices. Partial services already rendered may be invoiced.
(4) Invoicing and due date. Invoices shall be issued on a monthly basis, unless otherwise agreed. Invoice amounts are due for payment without deduction within 14 days of the invoice date. Payments shall only be deemed to discharge the debt when the corresponding amount is freely available to SEOschmiede.
(5) Offsetting, offsetting and retention. Incoming payments shall be offset against the oldest claim. Clients are only entitled to offset undisputed or legally established claims. Clients shall only be entitled to a right of retention on the basis of counterclaims arising from the same contractual relationship and the amount shall be limited to the anticipated amount for remedying the defect.
(6) Default of payment and consequences. In the event of late payment, SEOschmiede shall be entitled to charge interest on arrears at the statutory rate (in accordance with Section 456 of the Austrian Commercial Code (UGB) or corresponding statutory regulation). Any additional costs, in particular reminder, collection and legal costs, shall be borne by the party placing the order. After two unsuccessful reminders, SEOschmiede may discontinue ongoing services, take affected projects offline or terminate the contract while safeguarding further claims; any costs incurred as a result and lost profits shall be reimbursed by the client.
(7) Retention of title / rights of use. Until full payment has been made, work results, access or other services provided shall remain the economic property of SEOschmiede; SEOschmiede may revoke the use or block access as long as due claims have not been settled.
(8) Foreign currency payments / exchange rate losses. If the party placing the order does not pay in the agreed currency, it shall bear the risk and costs of any exchange rate losses or bank charges.
(1) Retention of title. All services provided by SEOschmiede as well as their individual parts shall remain the property of SEOschmiede or subject to SEOschmiede's economic reservation of title until all claims of SEOschmiede have been settled in full. In the event of late payment, SEOschmiede shall be entitled to demand surrender, prohibit use or block access.
(2) Rights of use upon payment. Upon full payment of the agreed remuneration, the party placing the order shall receive a right of use to the work results, unlimited in time and space, to the contractually agreed extent, including the right to edit/adapt for its own purposes and for use by commissioned third parties (e.g. internal teams, IT service providers, other agencies) in connection with its own project. Insofar as the offer provides for exclusive rights of use for work services such as texts, images and graphics, these shall be transferred upon full payment.
(3) Open source & third-party software. For unmodified open source code, the respective license terms of the rights holder shall apply. If licenses for stock media or third-party software are acquired on behalf of the commissioning party, the respective license conditions shall apply; any costs for this shall be borne by the commissioning party, unless otherwise agreed.
(4) Passing on, sublicensing, resale. The work results may not be passed on or sublicensed to third parties outside the customer's own project (in particular resale as a template/product) without the express written consent of SEOschmiede. The use by commissioned third parties in connection with their own project remains unaffected by this.
(5) Restrictions for templates. If templates, page types or templates are provided, special usage regulations apply (e.g. internal use only, no resale). Any deviations are regulated in the offer or in an annex.
(6) Citation of references. References (name/logo/case study) shall only be cited with the prior written consent of the client.
(1) SEOschmiede guarantees that the agreed services will be provided by professionally qualified persons with reasonable care. Unless expressly agreed otherwise in writing, no specific success is owed.
(2) SEOschmiede assumes no guarantee for the suitability of the services for a specific purpose and no guarantee for the achievement of specific rankings, visitor numbers, conversions or other target figures. In particular, there is no guarantee for rankings in search engines.
(3) SEOschmiede shall not be liable for the accuracy, completeness or up-to-dateness of data or third-party content used in the course of providing the service.
(4) The client must inspect deliverable work results for defects and contractual conformity immediately after their provision or notification of completion, but at the latest within fourteen (14) calendar days. Obvious defects must be reported in writing (e.g. by e-mail) and in as much detail as possible within this period. Hidden defects must be reported in writing within fourteen (14) calendar days of discovery. If no notification of obvious defects is made in due time, obvious defects shall be deemed approved.
(5) The client must demonstrate and prove the existence of a defect and its existence at the time of service provision/acceptance, unless mandatory statutory provisions provide otherwise.
(6) Claims for defects shall not exist if the defectiveness is due to changes, interventions or other measures that were neither carried out by SEOschmiede nor expressly approved by SEOschmiede.
(7) If the examination of a warranty case reveals that no claim for defects exists, SEOschmiede shall be entitled to invoice the expenses incurred for the examination in accordance with the contractually agreed rates.
(8) If a warranty claim is justified, the first step shall be improvement/rectification within a reasonable period of time. If this fails or is unreasonable, the client may demand a price reduction or - in the case of significant defects - withdraw from the contract with regard to the affected part of the service.
(9) To the extent permitted by law, warranty claims shall expire twelve (12) months after acceptance or provision of the service.
(10) No other guarantees or warranties are given unless expressly agreed in writing.
(1) Binding nature of deadlines. Agreed deadlines are non-binding unless expressly agreed in writing as fixed deadlines. SEOschmiede shall not be liable for missed deadlines unless these are due to intent or gross negligence on the part of SEOschmiede.
(2) Dependence on cooperation. Meeting deadlines requires the timely and complete cooperation of the client; delays/additional costs due to lack of cooperation shall be borne by the client.
(3) Incorrect or incomplete information. Delays/additional costs due to incorrect, incomplete or subsequently changed information shall be borne by the client.
(4) Partial services and subcontractors. Partial services and the use of third parties are permissible; this shall not give rise to any claim for compensation due to failure to meet deadlines (except in the case of intent/gross negligence).
(5) Force majeure / other obstacles to performance. Obstacles for which SEOschmiede is not responsible (e.g. operational disruptions, strikes, official interventions, pandemics, failure of third-party software, energy shortages) shall suspend the obligation to perform without liability; deadlines shall be extended accordingly.
(6) Permanent impossibility. If the service cannot be rendered within a reasonable period of time, but no longer than four (4) months after notification of the impediment, both parties shall be entitled to withdraw from the contract; partial services shall be invoiced.
(7) Hosting / availability. If hosting is arranged or organized by SEOschmiede, this is done by the external hosting provider SiteGround. Continuous availability cannot be guaranteed. SEOschmiede shall only be liable for failures or restrictions in the event of intent or gross negligence. Any SLAs of SiteGround apply directly between SiteGround and the client; SEOschmiede is not a contractual partner of these SLAs and assumes no liability for their fulfillment.
(8) Consequences of late payment or failure to cooperate. In the event of late payment or repeated, improper cooperation, SEOschmiede may suspend or discontinue services; costs and damages shall be borne by the party placing the order.
(9) Insolvency / other grounds for termination. If insolvency proceedings are opened or dismissed against one party, the other party shall be entitled to terminate the agreement for good cause.
(1) Subject matter. All information disclosed/accessed between the parties (written, verbal, electronic) is confidential („confidential information“). Business secrets shall be marked as such and shall be specially protected.
(2) Exceptions. a) information already in the public domain; b) information that has subsequently become public without breach of duty; c) information lawfully known in advance; d) information lawfully obtained from third parties without a duty of confidentiality; e) information to be disclosed by law/authorities/courts.
(3) Obligations of the receiving party. Use exclusively for the performance of the contract; disclosure only to persons with necessity and prior confidentiality obligation; appropriate technical/organizational protective measures.
(4) Duty to report. In case of violation/suspicion, immediate information of the disclosing party and support in remedial action/clarification.
(5) Return/deletion. On request or at the end of the contract, return or verifiable deletion; statutory retention obligations remain unaffected.
(6) Legal remedy. In addition to damages, there are injunctive relief and security claims (e.g. preliminary injunction).
(7) Duration. Confidentiality during the term of the contract and three (3) years thereafter; for trade secrets beyond this period, as long as protection requirements exist.
(1) SEOschmiede shall be liable without limitation for intent and gross negligence as well as for personal injury.
(2) In the event of slight negligence, SEOschmiede shall only be liable for breach of material contractual obligations (cardinal obligations) and only for foreseeable damage typical of the contract.
(3) To the extent permitted by law, compensation for indirect damages, consequential damages and lost profits/savings shall be excluded, except in cases of intent or gross negligence.
(4) Limit of liability. For each case of damage and in total, liability is limited - to the extent permitted by law - to the net remuneration actually paid by the client for the order concerned in the last twelve (12) months prior to the damaging event; in the case of one-off projects, this corresponds to the net order value of the project. Intent, personal injury and mandatory liability are excluded.
(5) The claiming party must provide evidence of damage and causality. In all other respects, the statutory rules on the burden of proof shall apply.
(1) When processing personal data, the parties shall act in accordance with the relevant statutory provisions (in particular the GDPR and national data protection law). SEOschmiede processes personal data only to the extent necessary to provide the contractually agreed services.
(2) SEOschmiede shall inform the client about the tools used (e.g. analytics, tracking, AI tools) and any third parties/subcontractors used. The client shall ensure the necessary consents/legal bases (e.g. for tracking/ads).
(3) SEOschmiede shall take appropriate technical and organizational measures to protect personal data; specific measures shall be based on the state of the art and the respective scope of services.
(4) After termination of the contract and upon justified request, SEOschmiede shall hand over the personal data processed during the provision of the service to the client or delete it, provided there are no statutory retention obligations.
(5) Insofar as SEOschmiede processes personal data on behalf of the client (order processing), the parties shall conclude a separate order processing agreement (AVV) before the start of processing.
(1) Work results that are accessible for acceptance (e.g. concepts, texts, designs, implementations) shall be checked by the client within fourteen (14) calendar days of notification of readiness for acceptance by SEOschmiede.
(2) If no written, substantiated notice of defects regarding obvious defects is given within this period, the work results shall be deemed to have been accepted („fictitious acceptance“). Hidden defects shall remain unaffected by the presumption of acceptance.
(3) Insignificant defects shall not entitle the customer to refuse acceptance; they shall be remedied within the scope of the warranty.
(4) The warranty period shall commence upon acceptance.
(1) Applicable law and place of jurisdiction. Austrian law shall apply exclusively, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is - as far as permissible - Linz; SEOschmiede shall be at liberty to assert claims against the client at their general place of jurisdiction.
(2) Order of precedence. In the event of contradictions, individual agreements/offers and special conditions shall take precedence over the GTC.
(3) Written form. Amendments and supplements to this contract/the GTC must be made in writing; e-mail shall suffice, unless expressly agreed otherwise.
(4) Assignment. Rights and obligations may not be assigned/transferred without the prior written consent of the other party, except to affiliated companies of SEOschmiede.
(5) Severability clause. Should a provision be/become ineffective, the remainder shall remain effective. The parties shall replace the ineffective provision with one that comes closest to the economic purpose.
(6) Offsetting/retention. Point 5.5 shall apply; otherwise, rights of retention shall only be permitted within the scope of point 5.5.
(7) Amendments to the GTC. Amendments to these GTC shall be notified to the client in text form. Amendments shall only apply to current contracts if they are objectively justified, do not significantly affect the core services and are reasonable for the client. Significant changes (in particular price, scope of services, liability, notice periods) require express consent. In the event of changes that are not merely minor, clients may terminate the contract within 30 days of notification of the effective date of the change.
Maybe one of our AI applications has attracted you to our site. If not, you should definitely take a look at our AI Snippet Generator or our sophisticated Chat GPT Tool look at. Have you actually already seen our free SEO check claimed? If not, now is the perfect time to do it!
When you use our chatbot, your text inputs are sent to the OpenAI API to generate responses.
At SEOschmiede, we store no chat content and never see what you type into the chat window.
Important: Please do not enter sensitive or personal data (e.g. names, contact details, health data, political/religious views, passwords, payment data).
According to OpenAI's privacy policy, API data is not used to train its models. To detect misuse, OpenAI may retain prompts and responses for up to 30 days in security logs, then delete them unless retention is required by law.
You are currently viewing a placeholder content from Vimeo. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou are currently viewing a placeholder content from YouTube. To access the actual content, click the button below. Please note that doing so will share data with third-party providers.
More InformationYou need to load content from reCAPTCHA to submit the form. Please note that doing so will share data with third-party providers.
More Information
