General Terms and Conditions

1. Scope of Application

For all transactions between the client (hereinafter “Client”) and HOUSE of VIVA as the contractor, exclusively the General Terms and Conditions (GTC) of HOUSE of VIVA apply. Conflicting terms and conditions of the Client shall only be valid if expressly confirmed in writing by HOUSE of VIVA. By signing the order confirmation, the Client accepts the GTC of HOUSE of VIVA.

1.1 These GTC apply to all contracts concluded by House of Viva Agency FlexCo (hereinafter “Agency”) with its clients (hereinafter “Client”) for the provision of services in the fields of creative & design agency, coaching, and consulting, including individual sessions, workshops, seminars, and keynote speeches.

1.2 Coaching and consulting services include individual consultations, coaching sessions, workshops, seminars, and keynote speeches. The exact scope of services is defined in the service description of the respective booking.

These GTC also apply to all future business relationships within the scope of these terms between the parties, even if not explicitly referred to.

2. Conclusion of Contract

The basis for concluding a contract is either an order from the Client or an offer from HOUSE of VIVA. Orders from the Client are binding for two weeks and are only deemed accepted once HOUSE of VIVA has confirmed them in writing. Offers from HOUSE of VIVA are non-binding and may be changed at any time.

3. Scope of Services, Order Processing, and Client’s Cooperation Obligations

The scope of services to be provided by HOUSE of VIVA is determined by the details in the order or the offer from HOUSE of VIVA. Changes to the scope of services must be made in writing. Additions or subsequent modifications to the order shall be considered separate orders and will be billed separately.

Within the framework set by the client, HOUSE of VIVA has creative freedom in executing the order. The client agrees to promptly provide HOUSE of VIVA with all relevant information and documents necessary for fulfilling the order. These documents must be provided in the required formats. The client will inform HOUSE of VIVA of all essential circumstances, including those that become known only during the course of the project. If additional efforts arise due to incorrect, incomplete, or subsequently changed information from the client, the client will bear the costs for any necessary repetitions or delays in the work.

If services provided by HOUSE of VIVA require approval by the client (such as preliminary drafts, sketches, final artwork, proofs, blueprints, copies, color proofs), this must be done within 7 business days. If approval is not granted within this deadline, the services shall be considered approved.

The client is responsible for backing up data and materials handed over to HOUSE of VIVA during the collaboration. HOUSE of VIVA is not obligated to create backup copies of this data. The client agrees to protect all data provided to them, especially passwords, with the utmost care.

The client agrees to provide necessary cooperation and, if required, to provide HOUSE of VIVA with free access to workspaces, hardware, software, as well as data and telecommunication facilities. A knowledgeable and authorized contact person from the client must always be reachable for HOUSE of VIVA.

The client is responsible for ensuring that the documents provided for the order (in particular graphic designs, photos, etc.) do not infringe any third-party rights. HOUSE of VIVA accepts no liability for violations of such rights. The client shall indemnify and hold HOUSE of VIVA harmless from any claims and compensate for any disadvantages arising from third-party claims.

If a schedule and the necessary work phases are established at the beginning of the collaboration, partial services delivered at the end of each phase must be accepted by the client and the acceptance must be confirmed in writing.

4. Engagement of Third Parties

HOUSE of VIVA is not obligated to perform all services personally. HOUSE of VIVA is free to engage qualified assistants either in its own name or in the name of the client, but always at the client’s expense. In doing so, HOUSE of VIVA will carefully ensure that the selected third parties possess the necessary professional qualifications.

If HOUSE of VIVA commissions necessary or agreed-upon external services, the respective contractors shall not be considered vicarious agents of HOUSE of VIVA.

5. Deadlines and Cancellation Terms

Deadlines and dates must be agreed upon or confirmed in writing. HOUSE of VIVA strives to meet the agreed deadlines. If a deadline cannot be met, the client must set a grace period of at least 14 days before exercising any rights of withdrawal; this period begins upon receipt of a written reminder.

Claims for damages by the client due to non-performance or delay are generally excluded, unless there is proven intent or gross negligence (see the provisions on warranty and liability).

Unforeseeable or unavoidable events release HOUSE of VIVA from the obligation to meet the agreed delivery date in any case. The same applies if the client is in default with their cooperation obligations necessary for the execution of the order. In such cases, the agreed deadline shall be extended by the duration of the delay.

6. Withdrawal from the Contract

HOUSE of VIVA may withdraw from the contract in particular if:

The execution of the service becomes impossible due to reasons attributable to the client, or is further delayed despite the granting of a 14-day grace period.
The client, despite written warning and a 14-day grace period, violates essential contractual obligations — such as payment of due amounts or required cooperation.
There are justified doubts regarding the client’s creditworthiness, and the client fails to make advance payments or provide adequate security for further services upon request by HOUSE of VIVA.
Insolvency or settlement proceedings are initiated against the client's assets, or a petition to open such proceedings is denied due to lack of sufficient assets.
The client suspends payments.

7. Fees

Prices and Payment Terms

Unless explicitly stated otherwise, the prices quoted are exclusive of statutory VAT. Unless otherwise agreed, HOUSE of VIVA reserves the right to invoice services based on actual effort and costs incurred. If no specific agreement is made in individual cases, HOUSE of VIVA is entitled to a fee at a market-standard rate for the services rendered, including the transfer of copyright and trademark rights. If the market-standard fee falls below an hourly rate of €150.00 net, a minimum hourly rate of €120.00 plus statutory VAT shall be deemed agreed.

All services provided by HOUSE of VIVA that are not explicitly covered by the agreed fee will be invoiced separately. The right to payment arises for each individual service as soon as it has been rendered. All out-of-pocket expenses incurred by HOUSE of VIVA are to be reimbursed by the client. HOUSE of VIVA is entitled to request advance payments to cover such costs and may pass on these expenses and disbursements directly to the client for payment.

Cost estimates provided by HOUSE of VIVA are generally non-binding. If it becomes foreseeable that actual costs will exceed the estimated costs by more than 20%, HOUSE of VIVA will inform the client of the increased costs. The cost overrun will be considered approved by the client unless the client objects in writing within three business days of being notified and simultaneously proposes more cost-effective alternatives. If the cost overrun is within 20%, no separate notification is required; this is considered approved in advance by the client.

HOUSE of VIVA is entitled to appropriate compensation for all work that is not accepted by the client. Payment of this compensation does not entitle the client to any rights to these works; unused concepts, drafts, and other materials must be returned to HOUSE of VIVA without delay.

If the completion of work is delayed due to missing feedback or other failures to respond on the part of the client, HOUSE of VIVA reserves the right to invoice the outstanding amount one year after the order confirmation. The client agrees to pay this amount.

The prices for coaching and consulting services are based on the respective offer or the agency’s price list. The prices quoted are exclusive of applicable VAT, where required.

Payment is due upon invoicing. Unless otherwise agreed in writing, invoices must be paid immediately upon receipt, without any deductions.

For workshops, seminars, and keynote presentations, the full fee is due upon booking. No spot will be reserved without payment.

8. Payment

For project orders, half of the agreed contract sum must be paid by the client in advance (prepayment). HOUSE of VIVA is only obligated to provide the service after receipt of this amount in its business account. For recurring monthly orders, the fee is due at the beginning of each month.

Invoices from HOUSE of VIVA are due immediately upon receipt without any deductions and must be paid within seven calendar days. In case of late payment, default interest of 12% per annum will be charged. Additionally, the client agrees to reimburse HOUSE of VIVA for any reminder and collection costs incurred in the event of late payment, provided these are necessary for appropriate legal enforcement. This includes at least the costs for two reminder letters at market rates as well as a reminder letter from a lawyer. HOUSE of VIVA reserves the right to assert further claims and rights.

Delivered goods remain the property of HOUSE of VIVA until full payment is received. In the event of the client’s delayed payment, HOUSE of VIVA is entitled to demand immediate payment of all services and partial services from other contracts with the client. HOUSE of VIVA is not obliged to provide further services as long as the outstanding amount remains unpaid. If installment payments have been agreed upon, HOUSE of VIVA reserves the right, in case of late payment of partial amounts or ancillary claims, to demand immediate payment of the entire outstanding amount (loss of term).

The client is not entitled to offset their own claims against claims of HOUSE of VIVA unless the claim has been acknowledged in writing by HOUSE of VIVA or legally established. The client’s right of retention is excluded.

9. Presentations

HOUSE of VIVA is entitled to a reasonable fee for participation in presentations, which shall at least cover all personnel expenses, material costs, and costs for any third-party services, unless otherwise agreed.

If no order is placed with HOUSE of VIVA following the presentation, all services provided by HOUSE of VIVA—especially the presentation materials (such as logos, graphics, plans, sketches, technical documents, brochures, samples, etc.) and their content—remain the property of HOUSE of VIVA. Any use, including distribution and reproduction, is prohibited. Furthermore, the client is forbidden from further using the ideas and concepts presented, regardless of whether they are protected by copyright.

10. Copyright and Usage Rights

All services provided by HOUSE of VIVA, including those from presentations (e.g., suggestions, ideas, sketches, preliminary drafts, concepts, negatives, slides), as well as individual parts thereof, remain the intellectual property of HOUSE of VIVA, as do the individual works and original drafts. Upon payment of the agreed fee, the client acquires the right to use the services unlimited in time and space for the agreed purpose, unless otherwise agreed, and solely within the agreed territory.

The acquisition of usage rights, as well as—if separately agreed and compensated—exploitation rights to HOUSE of VIVA’s services, always requires full payment of the corresponding fees. The client may make or have made changes or edits to HOUSE of VIVA’s services by third parties, provided this is permitted by payment of the agreed fee and the services are protected by copyright, which generally applies to HOUSE of VIVA’s work.

Any use of HOUSE of VIVA’s services beyond the originally agreed purpose and scope—for example, exploitation acts instead of mere use—requires HOUSE of VIVA’s consent regardless of copyright protection. HOUSE of VIVA and the author are entitled to a separate appropriate remuneration for such use.

After termination of the contract, the use of HOUSE of VIVA’s services or created advertising materials, regardless of copyright protection, also requires HOUSE of VIVA’s consent. For such uses, the full contractually agreed fee applies for the first year after termination, half for the second year, and one quarter for the third year. From the fourth year after termination onward, no fee is payable.

The client is liable to HOUSE of VIVA for any unauthorized use at twice the amount of the appropriate fee for such use, without prejudice to further claims for damages.

HOUSE of VIVA is entitled to indicate its authorship in suitable places of its services (e.g., on a website). The client is not permitted to remove such notices without authorization.

HOUSE of VIVA reserves the right to include the client in its reference list.

11. Warranty and Liability

The client must notify HOUSE of VIVA in writing immediately after the service has been provided of any complaints and substantiate them. Hidden defects must be reported in writing with a detailed description within 8 days of their discovery. Otherwise, the service is deemed approved. In such cases, warranty and damage claims as well as the right to rescind due to errors caused by defects are excluded. In the event of a justified and timely complaint, the client is entitled, to the exclusion of price reduction and rescission rights, only to rectification or supplementation of the missing services by HOUSE of VIVA. The client is obligated to enable HOUSE of VIVA to carry out all necessary measures for inspection and defect remediation. In the case of rectification, the client bears the costs of returning the defective goods.

Warranty for goods delivered or used by HOUSE of VIVA is explicitly excluded. Warranty claims become void in the event of unauthorized changes or interventions by the client or third parties, especially changes to source code or the use of open-source elements.

It is the client’s responsibility to verify the legality of the service concerning competition, trademark, copyright, and administrative law aspects. HOUSE of VIVA is not liable for the accuracy of content provided or approved by the client. The client indemnifies HOUSE of VIVA against claims from third parties arising from violations of third-party copyrights, usage, personality, or other protective rights. If there are concerns about provided content, HOUSE of VIVA is entitled not to integrate it.

HOUSE of VIVA has no influence over the availability of the internet. HOUSE of VIVA assumes no responsibility for the continuous availability of the created website due to third-party web hosting. Likewise, HOUSE of VIVA is not liable for damages caused by viruses. Claims for damages by the client are excluded unless based on intent or gross negligence by HOUSE of VIVA. The client bears the burden of proof for gross negligence.

In particular, any liability of HOUSE of VIVA for services provided to the client is expressly excluded. This includes court costs, HOUSE of VIVA’s own attorney fees, the client’s attorney fees, costs of publishing judgments, as well as possible damage claims or other claims by third parties. The client shall indemnify HOUSE of VIVA in this regard.

Unless a shorter statutory limitation or preclusion period applies, all claims against HOUSE of VIVA expire if they are not asserted in court within six months (for entrepreneurs) or one year (for non-entrepreneurs) after knowledge of the damage, but no later than five years from the damaging event. The client is not entitled to withhold payments due to complaints. The presumption rule of § 924 ABGB is expressly excluded. Damage claims are in any case limited in amount to the contract value excluding taxes.

The agency assumes no guarantee for the success of the offered coaching or consulting services, as success largely depends on the active participation of the client.

12. Data Protection

Unless explicitly agreed otherwise in writing, the information provided to HOUSE of VIVA will be treated as non-confidential. The client agrees that HOUSE of VIVA may store the client’s company and personal data in machine-readable form and process it electronically, in particular using IT systems, for the purpose of fulfilling the contractual obligations. If HOUSE of VIVA involves third parties to provide the agreed services, it is entitled to disclose information about the client to the extent necessary for the provision of the service.

13. Right of Withdrawal of the Client pursuant to § 3 of the Consumer Protection Act (KSchG)

If the client did not conclude the contract in the business premises of HOUSE of VIVA or at a trade fair or information booth of HOUSE of VIVA, the client has the right to withdraw from the contract within one week. This period begins upon delivery of the contract, but no earlier than the time of contract conclusion. The withdrawal must be made in writing and sent to HOUSE of VIVA within this period (postmark date applies). No right of withdrawal exists if the client initiated the transaction themselves or if no discussions between the contracting parties took place prior to contract conclusion.

Supplementary agreements, reservations, changes, or additions to these General Terms and Conditions must be made in writing to be valid. This provision also applies to any deviation from the requirement of written form. If the contract with the client is subject to the provisions of the Consumer Protection Act, the above regulations remain valid insofar as they do not conflict with the statutory provisions of the Consumer Protection Act. The invalidity of one or more provisions of the General Terms and Conditions or of the contract governed by these terms does not affect the validity of the remaining agreements. The contracting parties undertake to replace any invalid provision with a regulation that comes as close as possible to the economic purpose. Place of payment and performance is Vienna. Risk passes to the client upon delivery of the goods by HOUSE of VIVA to the transport company chosen by HOUSE of VIVA. The agreed place of jurisdiction is the court competent for the political district of Innere Stadt Vienna. The contract is exclusively subject to Austrian law, excluding the UN Sales Convention (CISG).