Terms of Service

1. Scope of Application

1.1 Provider

These General Terms and Conditions ("Terms") apply to all services provided by Pushing Pixels - Daniel Kurdoghlian, Malmögasse 16, A-1100 Vienna, Austria (hereinafter referred to as "I", "me", or "my").

1.2 Applicability

These Terms apply to all business relationships between me and my clients ("you" or "Client"). By commissioning my services, you accept these Terms in their entirety. Any deviating terms of the Client shall only apply if expressly agreed upon in writing.

1.3 Services Covered

These Terms cover, but are not limited to, the following service categories:

• Custom web application development (frontend and backend)
• UI/UX design and prototyping
• DevOps, cloud infrastructure, and CI/CD pipeline setup
• Server hosting, maintenance, and monitoring
• WordPress development and customization
• Technical consulting and code audits
• System migrations and legacy modernization

2. Proposals, Contracts & Scope

2.1 Proposals

All proposals and cost estimates are non-binding unless explicitly stated otherwise. A binding contract is established only upon my written confirmation (including email) of a project commission, or upon acceptance of a signed proposal by both parties.

2.2 Scope of Work

The scope of services is defined exclusively by the written project proposal, statement of work, or any other written agreement between both parties. Verbal agreements or informal requests do not constitute part of the scope unless confirmed in writing.

2.3 Changes to Scope

If additional requirements arise during the course of the project that fall outside the originally agreed scope ("scope changes"), these will be discussed and documented separately. Additional work will be quoted individually or billed at my standard hourly rate, as agreed upon between both parties.

3. Client Obligations

3.1 Cooperation

The Client shall provide all information, materials, content, and access credentials required for the execution of the project in a timely manner. Delays caused by the Client's failure to cooperate may result in adjusted timelines and additional costs.

3.2 Feedback & Approvals

The Client is expected to provide feedback and approvals within the timeframes agreed upon in the project proposal. If no response is received within 10 business days of a request for feedback, I reserve the right to consider the deliverable approved and proceed accordingly.

3.3 Legal Compliance

The Client is responsible for ensuring that all content, materials, and instructions provided to me comply with applicable laws, including but not limited to copyright, trademark, data protection, and competition law.

4. Pricing & Payment

4.1 Pricing Models

Services are provided either at a fixed project fee or on an hourly basis, as specified in the individual project proposal. All prices are quoted in Euros and are exclusive of the applicable value-added tax (VAT), unless stated otherwise.

4.2 Deposit

For fixed-fee projects, a non-refundable deposit of 50% of the total project fee is required before work commences. The remaining balance is due upon project completion and final delivery.

4.3 Payment Terms

Unless otherwise agreed in writing, all invoices are due within 7 days of the invoice date, payable via bank transfer to the account specified on the invoice.

4.4 Hourly Billing

For services billed on an hourly basis, I will provide regular timesheets or time reports upon request. Invoicing typically occurs on a monthly basis or upon reaching a pre-agreed billing threshold.

4.5 Suspension of Services

I reserve the right to suspend or halt all ongoing work if an invoice remains unpaid for more than 14 days past its due date. Work will resume once the outstanding balance has been settled in full.

5. Delivery & Timelines

5.1 Estimated Timelines

Project timelines stated in proposals are estimates based on the information available at the time of writing. They are not binding deadlines unless explicitly designated as such in writing. I will make commercially reasonable efforts to meet all estimated delivery dates.

5.2 Delays

I am not liable for delays caused by circumstances beyond my reasonable control, including but not limited to: delayed Client feedback, late delivery of content or materials, third-party service outages, or force majeure events.

5.3 Final Delivery

A project is considered delivered upon deployment to the agreed-upon environment (e.g., production server, staging server, or code repository handoff), or upon written notification of completion, whichever occurs first.

6. Revisions & Acceptance

6.1 Included Revisions

Fixed-fee projects include two (2) comprehensive rounds of revisions. A revision round is defined as a consolidated set of change requests submitted in a single communication.

6.2 Additional Revisions

Any revisions beyond the included two rounds, or any changes that constitute new features or scope additions, will be billed at my standard hourly rate. I will inform the Client before commencing any additional billable work.

6.3 Acceptance

The Client shall review and accept or provide feedback on each deliverable within 10 business days of delivery. If no feedback is provided within this period, the deliverable is deemed accepted.

7. Intellectual Property

7.1 Transfer of Rights

Upon receipt of full and final payment, all intellectual property rights to the custom work created specifically for the Client as part of the project ("Deliverables") are transferred to the Client. This includes custom code, custom designs, and custom graphics created exclusively for the project.

7.2 Pre-existing & Third-Party Materials

This transfer does not extend to:

• Pre-existing IP: Any code, libraries, frameworks, tools, or components that I developed prior to or independently of this project. These remain my property, and you are granted a non-exclusive, perpetual, royalty-free license to use them as part of the Deliverables.
• Third-party materials: Open-source software, stock imagery, fonts, or other third-party assets are subject to their respective licenses. I will inform you of any relevant third-party license obligations.

7.3 Portfolio & Reference Rights

I retain the irrevocable right to display and reference the completed work - including screenshots, descriptions, and technical case studies - in my professional portfolio, website, social media, and promotional materials, unless a written non-disclosure agreement explicitly prohibits this.

7.4 Rights Prior to Full Payment

Until full payment has been received, all intellectual property rights remain exclusively with me. The Client is not permitted to use, publish, or distribute the Deliverables until the full balance has been settled.

8. Hosting, Maintenance & Ongoing Services

8.1 Hosting Services

If I provide hosting services, these are subject to separate service terms or a service-level agreement (SLA) as outlined in the individual hosting proposal. I do not guarantee 100% uptime but will use commercially reasonable efforts to maintain high availability.

8.2 Maintenance

Ongoing maintenance services (e.g., software updates, security patches, performance monitoring) are provided on a separate contractual basis and billed monthly or as agreed. Maintenance agreements can be terminated by either party with 30 days' written notice.

8.3 Backups

Unless explicitly stated in a hosting or maintenance agreement, the Client is solely responsible for maintaining their own data backups. I recommend implementing a regular backup strategy and will gladly advise on best practices.

8.4 Third-Party Services

Where hosting or infrastructure relies on third-party providers (e.g., AWS, DigitalOcean, Hetzner), I am not responsible for outages, data loss, pricing changes, or policy modifications by those providers. Associated third-party costs are borne by the Client.

9. Confidentiality

9.1 Mutual Obligation

Both parties agree to treat all non-public business information, technical data, and proprietary materials exchanged during the course of the engagement as confidential. This obligation survives the termination of the contractual relationship.

9.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was already known to the receiving party prior to disclosure
• Is independently developed without reference to the confidential information
• Is required to be disclosed by law or court order

10. Warranty & Defects

10.1 Warranty Period

I provide a 30-day warranty period following final delivery of the project. During this period, I will fix any bugs or defects in my Deliverables at no additional cost, provided the issue is directly attributable to my work and has not been caused by unauthorized modifications by the Client or third parties.

10.2 Exclusions

The warranty does not cover:

• Issues arising from modifications made by the Client or third parties after delivery
• Problems caused by third-party software, hosting environments, or APIs not under my control
• Feature requests or enhancements that were not part of the original scope
• Issues caused by the Client's failure to follow provided instructions or documentation

10.3 No Further Warranties

To the maximum extent permitted by applicable law, I disclaim all further warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Limitation of Liability

11.1 Liability Cap

My total aggregate liability arising out of or in connection with the project - regardless of the cause of action (contract, tort, negligence, or otherwise) - shall not exceed the total fees actually paid by the Client for the specific project giving rise to the claim.

11.2 Exclusion of Indirect Damages

To the maximum extent permitted by Austrian law, I shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to: loss of profits, loss of data, loss of business opportunities, or reputational damage, even if I have been advised of the possibility of such damages.

11.3 Exceptions

Nothing in these Terms shall limit liability for damages caused by willful intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit) as mandated by Austrian law.

12. Termination

12.1 Termination by Client

The Client may terminate the project at any time by providing written notice. In such case, the Client shall pay for all work completed up to the date of termination, including any expenses incurred. The non-refundable deposit is not returned.

12.2 Termination by Me

I reserve the right to terminate the engagement if:

• The Client fails to make payment within the agreed terms
• The Client repeatedly fails to provide required cooperation, feedback, or materials
• The continuation of the project would be unreasonable due to a fundamental breach of these Terms

In the event of termination by me due to no fault of the Client, I will refund any fees paid for work not yet delivered.

12.3 Effect of Termination

Upon termination, the provisions regarding Confidentiality, Intellectual Property (to the extent payment has been received), Limitation of Liability, and Governing Law shall survive.

13. Data Protection

I process personal data in accordance with the EU General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Details regarding how I collect, process, and protect your data are outlined in my Privacy Policy. Where I process personal data on behalf of the Client, a separate Data Processing Agreement (DPA) will be concluded as required by Art. 28 GDPR.

14. Force Majeure

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, government actions, internet or power outages, cyberattacks, or other force majeure events. The affected party shall notify the other party as soon as reasonably practicable and make all reasonable efforts to mitigate the impact.

15. Non-Solicitation

During the term of the engagement and for a period of 12 months thereafter, both parties agree not to directly solicit or hire any employees, contractors, or subcontractors of the other party who were involved in the project, without prior written consent.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely achieves the original economic and legal intent.

17. Amendments

I reserve the right to amend these Terms at any time. The updated version will be indicated by an updated "Last updated" date at the top of this page. Material changes will be communicated to active Clients in writing. For ongoing engagements, the Terms in effect at the time of the project's commencement shall apply unless otherwise agreed.

18. Governing Law & Jurisdiction

18.1 Governing Law

These Terms and all contractual relationships arising from them are governed exclusively by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and any conflict-of-law rules.

18.2 Jurisdiction

The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms is the competent court in Vienna, Austria.

19. Contact

If you have any questions regarding these Terms, please contact me or write to:

Pushing Pixels - Daniel Kurdoghlian
Malmögasse 16,
A-1100 Vienna, Austria