Legal
Terms & Conditions
General terms of business for design services provided by Lilly Panholzer Design Bureau, Vienna.
1. Scope
These terms apply to all offers, contracts and services between Lilly Panholzer Design Bureau (“the bureau”) and its clients. Deviating terms of the client apply only when confirmed in writing.
2. Offers and orders
Quotations are non-binding until confirmed in writing. A contract comes into effect when the client accepts a written quotation or briefing confirmation. The scope described there defines the work owed; anything beyond it is treated as an additional order.
3. Fees and payment
Fees are agreed per project or per hour, plus statutory VAT. Unless agreed otherwise, invoices are payable within 14 days of receipt without deduction. For larger projects the bureau may invoice in instalments or request an advance. Third-party costs — printing, photography, licences, typefaces, stock imagery — are charged separately at cost.
4. Deadlines and cooperation
Delivery dates are binding only when confirmed in writing. The client supplies texts, images, logos and approvals in good time and in a usable format. Delays in providing material or feedback extend agreed deadlines accordingly.
5. Drafts, revisions and approval
The agreed fee covers the number of draft rounds set out in the quotation. Further revisions are charged at the agreed hourly rate. With the client’s written approval of a design or artwork, responsibility for its correctness — including text, figures and print data — passes to the client.
6. Rights of use
The bureau retains copyright in all drafts and finished work. On full payment the client receives the rights of use agreed in the quotation, in the scope, territory and duration stated there. Rights that are not expressly granted remain with the bureau. Source files are handed over only when this has been agreed and paid for separately.
7. Third-party rights and licences
Typefaces, stock images, illustrations and other third-party material are licensed to the client under the licensor’s terms. The client is responsible for checking that material it supplies is free of third-party rights.
8. References
The bureau may name the client and show the delivered work as a reference — in its portfolio, on this website and in social media — unless the client objects in writing.
9. Liability
The bureau is liable for intent and gross negligence. Liability for slight negligence is excluded except for personal injury. Liability for consequential damage, lost profit and data loss is excluded to the extent permitted by law. Claims for defects must be raised in writing within 14 days of delivery.
10. Printing and production
Where the bureau commissions printing on the client’s behalf, it acts as an intermediary. Customary variations in colour, paper and finishing do not constitute a defect. Print approval is always given by the client.
11. Termination
If a project is cancelled by the client, work already performed is invoiced in proportion to the agreed fee, together with any third-party costs already incurred.
12. Applicable law and jurisdiction
Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna, as far as legally permissible.
13. Severability
Should individual provisions be or become invalid, the validity of the remaining provisions is unaffected. The invalid provision is replaced by one that comes closest to its economic purpose.
Please have these terms reviewed by a lawyer before relying on them.