General Terms and Conditions

1. Scope and contract

These terms apply to all services rysing provides, including strategy, identity, websites, content, campaigns, consulting, workshops and programmes, and to the use of our website.
Our services are aimed at businesses. If you are a consumer under the Austrian Consumer Protection Act (KSchG), your mandatory rights remain unaffected, and section 9 applies.
Every project is agreed in a letter of agreement or a written offer (the “agreement”). The agreement sets out the scope, process, timeline, fees and project-specific rules. If the agreement and these terms differ, the agreement prevails.
A contract is formed when you sign the agreement, or when you confirm an offer in writing or pay the first invoice. Email counts as written form.
Our offers are valid for 14 days unless stated otherwise.
Your own terms and conditions do not apply, even if you refer to them, unless we agree to them in writing.

2. Services, cooperation and timelines

We provide our services with professional care and in line with good industry practice. We decide how the work is carried out, including the methods, tools and specialists we use.
You provide the information, materials, logins and access we need, when we ask and in the format we ask for, and you give feedback and approvals within the timeframes in the agreement. You make sure any materials you provide are accurate and that you have the right to use them.
Timelines in the agreement are a shared commitment. We deliver each stage on time, and the timeline depends on your content, confirmations and feedback arriving on time. Delays on your side move the timeline accordingly.
If we do not receive the content, confirmation or feedback we need for more than 30 days, the project is paused. If feedback on a stage has not arrived after twice the agreed time, we may complete that stage on the basis of the approved materials and our professional judgement; the stage is then considered approved. Fees that fall due on delivery or approval become due at that point.
When a project restarts after a pause on your side, we resume as soon as the next slot in our schedule opens. We cannot guarantee an immediate restart or the original launch date.
If something unexpected happens on your side, such as illness or a family matter, tell us early. We will look for a fair solution together.
We may involve qualified specialists from our team, such as designers, developers, photographers and videographers. They work under our direction, deliver in rysing’s name, and are bound by confidentiality. We remain responsible for their work towards you.
Unless stated otherwise in the agreement, work takes place online. Travel for workshops, shoots or events outside Vienna is charged at cost, after your approval.

3. Revisions, changes and approvals

Each service includes the feedback and revision rounds stated in the agreement. A round is one set of combined feedback, sent together in one message.

Unless the agreement states otherwise, additional rounds are charged as follows:

Service	Additional round or change
Website	€350 per additional feedback round
Design and identity	€350 per additional round, or more for work with a specialist designer, confirmed in writing before the work begins
Strategy	€400 per hour for changes within the confirmed direction

A change of strategic direction after the strategy document has been delivered (a different category, target audience or core positioning) requires new research and a new document, and is charged at 50% of the strategy fee.
New deliverables, pages, functionality or a change of direction after approval are change requests. We quote them in writing before we start, and they may move the timeline.
Approvals, such as a confirmed strategic direction or an approved homepage, are binding for the next stages. Changing an approved stage later is a change request.
A deliverable is considered approved if we receive no feedback within the period stated in the agreement, or, if none is stated, within 14 days of delivery.

4. Fees, payment and appointments

Fees and the payment schedule are set out in the agreement. All prices are net, plus VAT where applicable. For business clients in other EU countries with a valid VAT ID, the reverse-charge procedure applies.
Work begins once the first payment has been received. Invoices are payable within 14 days of the invoice date, in euro, by bank transfer. You cover any transfer and currency conversion charges.
If a payment is late, we may pause all work until it is received, and statutory default interest applies (for businesses, 9.2 percentage points above the base rate per year, § 456 UGB). We may also charge reasonable reminder and collection costs.
Websites go live and final files are handed over once all fees have been paid.
Third-party costs are not included unless the agreement says so. This covers domain, hosting, software and plugin licences, fonts, stock images, advertising budgets, printing and paid tools. You pay these directly, or we pass them on at cost after your approval. Accounts for these services are held in your name.
Workshops, calls and shoots can be rescheduled free of charge up to 48 hours before the appointment. A later reschedule or a missed appointment is charged at the amount stated in the agreement, or, if none is stated, at 50% of the value of the session.
Retainers and monthly services are invoiced monthly in advance.

5. Cancellation and termination

You can cancel a project in writing at any time. When you book a project, we reserve time and capacity in our team for it, so cancellation follows the rules in the agreement.
If the agreement contains no cancellation rule, the first payment is non-refundable once work has started, and all work carried out up to cancellation is charged. Under Austrian law (§ 1168 ABGB), we may also claim the agreed fee, less the costs we save by not completing the project.
Retainers and monthly services run for the minimum term in the agreement (usually six months). After that, either party can end them with one month’s notice to the end of a month, in writing.
Either party can end the contract with immediate effect for an important reason, in particular if the other party seriously breaches the contract and does not remedy it within 14 days of a written request, or if payments are more than 30 days overdue.
If we cannot deliver for reasons beyond our control, such as illness, technical failures of third parties or force majeure, the timeline is extended accordingly. If a delay lasts more than 60 days, either party can cancel the affected part of the project; work already delivered is charged.

6. Intellectual property, portfolio and our team

Once all fees for a project have been paid, you receive the exclusive, unlimited right to use the deliverables created for you for your own brand and business (an exclusive right of use, Werknutzungsrecht). Until then, the rights remain with us.
The Spotlight Brand Framework, our methods, processes, templates, layout systems, code components, tools and know-how remain the property of rysing. We may reuse them in other projects. You may not publish, sell, teach or pass them on to third parties.
Drafts, concepts and options we presented but you did not choose remain ours.
Third-party components, such as fonts, stock images, themes and plugins, remain subject to their own licences, which you hold in your name.
You guarantee that materials you provide do not infringe third-party rights, and you indemnify us against claims arising from them.
Once your work is public, we may name you as a client and show it on our website, social media and in presentations, and place a small “by rysing” credit on websites. We share confidential material, such as your strategy document, only with your consent.
Our designers, developers and other specialists are part of our team. During the project and for 12 months after it ends, you will not engage them directly or through third parties for services similar to ours without our written consent. If you do, you pay us compensation of 25% of the fees you paid for the project in which you worked with them.
We may refuse requests that would infringe the law or third-party rights, or that contradict our values.

7. Confidentiality, data and tools

Both parties keep each other’s confidential information, including logins and access data, confidential and use it only to perform the contract. This continues after the contract ends.
We process personal data as described in our Privacy Policy. Where we process personal data on your behalf, for example your newsletter list or website forms, we conclude a data processing agreement under Art. 28 GDPR on request.
With your permission, we record calls and workshops to work from your own words. You can decline or ask us to stop at any time.
We use professional tools, including AI, to support research, transcription, drafting, design and development, on business plans that do not use your data to train their models. All decisions and final work are directed and reviewed by our team.
Social media platforms, search engines, ad networks, website platforms and other third-party services set their own rules, which can change at any time. We are not responsible for their decisions, such as algorithm changes, reach, account restrictions, rejected ads or outages. Advertising budgets are paid by you directly to the platform.

8. Results, warranty and liability

Our strategies, content and websites are professional work built on the information you provide and our expertise. Results such as revenue, clients, bookings, rankings, reach, followers or media coverage depend on implementation, the market and third parties. We do not guarantee them.
Implementing our recommendations, and any changes made by you or third parties after delivery, are your responsibility.
Please check deliverables when you receive them and report any defects in writing within 14 days, describing them as precisely as possible. We first have the right to correct a defect within a reasonable time. Matters of taste and style are not defects once a stage has been approved.
We are liable only for intent and gross negligence. This does not apply to personal injury. Liability for indirect or consequential damages, lost profits and lost data is excluded.
Our total liability per project is limited to the fees for that project.
You are responsible for checking deliverables for legal compliance in your industry and country, for example claims you make about your services, and for your imprint, privacy policy and other legally required information. We do not provide legal or tax advice.

9. Programmes, masterclasses and digital products

For programmes such as Personal Brand University, masterclasses, workshops and digital products, the description on the sales page and the booking confirmation apply alongside these terms.
Access to programmes and digital content is personal. You may not share logins, recordings or materials, or use them to teach or train others.
Free masterclasses and audits may be recorded, rescheduled or cancelled by us. A free brand audit is a short professional assessment, not a full strategy.
If you are a consumer and book online or by distance communication, you have a 14-day right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (FAGG). If you ask us to start a service within that period, you pay for the part already provided. For digital content, the right of withdrawal ends when access begins, if you agreed to this and confirmed that you lose the right.

10. Final provisions

Changes to these terms or to an agreement must be made in writing. Email counts as written form.
You may not transfer rights or obligations under the contract without our written consent.
If a provision is invalid or unenforceable, the rest remains in force, and the provision is replaced by one that comes closest to its purpose.
We may update these terms for future contracts. The version that applies to a project is the one in force when the agreement was concluded.
Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The competent courts in Vienna have exclusive jurisdiction. For consumers, mandatory jurisdiction rules remain unaffected.
These terms are drafted in English. If a translation is provided, the English version prevails.

Contact

Content Fudge e.U. · rysing
Koflergasse 13/4/20, 1120 Vienna, Austria
hello@rysing.studio · +43 680 3096968