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Legal
These terms govern the work we carry out for clients. They are written to be read rather than skimmed, because the parts that matter most are the ones people usually skip.
These terms form an agreement between [Registered company name] (referred to as "we", "us" or "the agency") and the business that engages us (referred to as "you" or "the client"). They apply to every proposal, order confirmation and engagement unless we have signed a separate written agreement that says otherwise, in which case that agreement takes precedence.
Our services are offered to businesses. They are not consumer services, and the consumer protection provisions of the Austrian Consumer Protection Act (KSchG) do not apply.
Proposals we issue are valid for thirty days unless stated otherwise. An engagement begins when you accept a proposal in writing, including by email, or when you pay the first invoice. Your own purchase terms do not apply unless we have accepted them in writing.
The proposal sets out the scope: the type of work, the agreed output for the period, the quality thresholds, and the fee. Anything outside that scope is quoted separately before it is carried out.
Depending on the scope agreed, our work may include publisher research and vetting, editorial content production in German, outreach and negotiation with publishers, placement of agreed links, and reporting on what went live.
We present candidate publishers for your approval before placement. Nothing is placed on a website you have not approved. If you reject a candidate, we replace it at no additional cost.
Timelines given in a proposal are estimates made in good faith. Publication dates depend on third-party editors, and we do not control their schedules. We will tell you when something slips rather than letting a deadline pass quietly.
Where a delay is caused by approvals that have not come back to us, agreed delivery periods extend accordingly.
Articles are written to meet the standards of the publication that will run them. Editors may request changes, may edit copy after publication, or may decline a piece. That is normal editorial practice and is not a failure of delivery on our part.
We do not accept instructions that would require us to misrepresent facts, fabricate quotes or claims, place links on sites that fail our vetting standards, or breach a publisher's disclosure policy. If a request crosses that line, we will say so and propose an alternative.
If a link we placed is removed by the publisher within twelve months of going live, and the removal is not the result of a change on your side, we replace it with a placement of comparable quality at no charge. This is the full extent of our obligation in that situation.
Replacement does not apply where the target URL is changed or deleted by you, where your site becomes unreachable, where the publication itself closes, or where you ask for removal.
Articles we commission and produce for your campaign are licensed to you on a non-exclusive, perpetual basis once the relevant invoice is paid in full, for use in connection with the campaign. Where a publisher holds rights in the published version, the publisher's terms apply to that version.
Our research methods, internal templates, vetting criteria and reporting formats remain our property. You may use the outputs freely, but not resell our working methods as your own service unless we have agreed a white label arrangement in writing.
Both parties may refer to the working relationship in general terms unless confidentiality has been agreed. Under a white label arrangement, we will not name you or your clients publicly.
Publisher fees quoted to you are part of the agreed price for a placement. Once a publisher has accepted a commissioned article and production has begun, that placement is non-refundable, though we will always look for a sensible alternative if circumstances change.
Retainers run monthly and continue until either party gives thirty days written notice, expiring at the end of a calendar month. Project engagements end on delivery of the agreed scope.
Either party may terminate immediately if the other commits a material breach that is not remedied within fourteen days of written notice, or becomes insolvent. On termination, you pay for work completed and for commitments we have already made to publishers on your behalf. Placements that are already live stay live.
We do not guarantee rankings, traffic, revenue, inclusion in AI-generated answers, or any specific position in search results. Search engines change their systems without notice and weigh hundreds of factors outside our control, including your own site, your competitors and your market.
What we do commit to is the quality and relevance of every placement, the standard of the editorial work, and honest reporting on what is live and what is not. Any forecast we share is an informed estimate, not a promise.
Each party keeps the other's non-public information confidential and uses it only for the purpose of the engagement. This includes strategy documents, publisher lists, pricing and performance data. The obligation continues for three years after the engagement ends, and indefinitely for anything that qualifies as a trade secret.
It does not apply to information that is already public, that a party held before disclosure, or that must be disclosed by law or by a competent authority.
Each party complies with the GDPR in its own right. Where we process personal data on your behalf, we do so under a separate data processing agreement in the meaning of Article 28 GDPR. Our own processing as controller is described in the Privacy Policy.
We are liable without limitation for damage caused intentionally or through gross negligence, and for personal injury. For slight negligence, our liability is limited to foreseeable damage typical of this type of contract, and in total to the fees you paid us in the twelve months preceding the event that caused the damage.
We are not liable for loss of profit, loss of data, or indirect or consequential loss, nor for the acts of third-party publishers, nor for the effect of search engine algorithm changes. Nothing in these terms excludes liability that cannot be excluded under Austrian law.
Neither party is in breach because of events beyond its reasonable control, including outages at major infrastructure providers, industrial action, natural events and official measures. The affected party informs the other promptly and both work in good faith to limit the effect.
We work with freelance writers, editors and publisher contacts. We remain responsible to you for their work as if it were our own, and they are bound by the same confidentiality obligations.
We may update these terms for new engagements. The version in force when your engagement starts continues to apply to it. Changes to a running engagement require both parties to agree in writing.
Austrian law applies, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. The competent court for the first district of Vienna has exclusive jurisdiction over disputes arising from this agreement.
If a provision of these terms is found invalid, the rest remains in force and the invalid provision is replaced by one that comes closest to its commercial purpose.
If anything here is unclear before you sign, ask us. Write to fabi@site-media.co.uk and we will explain the clause in plain terms rather than pointing you back at the text.
Write to us and a person will answer it in plain language.