Terms and Conditions
1. Scope
These general terms and conditions of Miviso GmbH apply to all offers, contracts, deliveries, and services between Miviso GmbH and its clients or suppliers. By placing an order or accepting an offer, clients agree to these terms and conditions. This applies even if the client has their own terms and conditions that contain conflicting or deviating provisions. Any modifications or nullifications to these conditions are only valid if Miviso GmbH gives written consent. Miviso GmbH reserves the right to change these general terms and conditions at any time, with reasonable notice. If the customer receives a notification of a change, they have the right to terminate the agreement. If the customer does not object to the changes in writing within 14 days, the changes are considered approved.
2. Offers and Conclusion of Contracts
All offers from Miviso GmbH are subject to change and are non-binding. Orders placed with Miviso GmbH are only binding if confirmed in writing by Miviso GmbH. Delivery, partial delivery, invoicing, or the start of the project may serve as confirmation in place of a written confirmation. Oral agreements or commitments are only binding if confirmed in writing by Miviso GmbH.
Miviso GmbH is not required to accept changes or extensions to an order. Miviso GmbH reserves the right to refuse orders without providing a reason. The scope of the contractual performance is defined by the offer or contract and any attachments. Miviso GmbH provides services in the field of 3D modeling, BIM modeling, planning, visualization, and animation, including the graphical or animated representation of various objects or their handling. The representation is based on the technical information provided by the client, with a focus on the overall impression of the trade. Constructive detail solutions are not included in the performance owed under the contract.
Miviso GmbH does not assess the technical feasibility of a trade or whether it complies with technological standards. The agreed services serve as the basis for all orders, not a specific success. Miviso GmbH may use auxiliary contractors as needed to fulfill contractual obligations. In this case, these contractors are not parties to the contract with the client. If the client delays or hinders the execution of the order, such as by not providing the required information in a timely manner, Miviso GmbH may demand a reasonable increase in the remuneration or withdraw from the order. In this case, the agreed remuneration must still be paid in full.
3. Delivery, transfer of risk and client obligations
The stated completion and delivery dates are non-binding unless confirmed in writing by Miviso GmbH. If binding completion and delivery dates have been agreed in writing, they are only binding as long as the client fulfills its obligation to cooperate, such as by providing necessary information in a timely manner. If the client delays this, the agreed dates will be extended by the duration of the obstruction plus a reasonable start-up period to resume work. Miviso GmbH is generally entitled to partial performances. The client is responsible for supporting Miviso GmbH in fulfilling the services owed under the contract, including providing technical information such as drawings, pictures, point clouds, sketches, etc., in a timely manner by mail, email, or fax. The client is responsible for any expenses related to acts of cooperation. Miviso GmbH does not typically conduct site inspections or measurements. All necessary information for carrying out the order is provided by the client free of charge by mail, email, or fax.
4. Performance and acceptance
The services are considered to have been rendered upon delivery to the client. Delivery is made in the form specified in the offer or contract. If digital delivery of the works has been agreed upon, the client will receive them via email in CAD format, IFC, RVT, PDF, or JPG format. If print delivery of the works has been agreed upon, they will be mailed to the client. The client's subjective or design views do not allow them to refuse acceptance of the services. Miviso GmbH has freedom of design and ideas during the execution of the contract. Miviso GmbH is not required to keep data or other project documents beyond the term of the contract.
5. Copyright and usage rights
Any order placed with Miviso GmbH is a copyright contract that grants the client the necessary usage rights for the services provided. All works created digitally or in print form are protected by copyright law, even if the necessary protection requirements are not met in certain cases. Without the express permission of Miviso GmbH, the works may not be altered in any way, either in the original or in reproduction. Any imitation, even of parts, is prohibited. Miviso GmbH grants the client the simple usage right necessary for the intended use, which only refers to the project disclosed by the client. If the works are intended for multiple uses, such as for another project, the consent of Miviso GmbH is required and an additional fee may be charged. The transfer of usage rights to third parties is not allowed without the consent of Miviso GmbH. The usage rights are only transferred to the client once the full payment has been received. Suggestions made by the client or the information provided in the context of their duty to cooperate do not affect the amount of the fee and do not establish co-authorship.
6. Compensation and payment
The payment for the services provided by Miviso GmbH is determined by the written agreements between the parties (such as the offer and order confirmation). The payment is due upon the delivery of the service to the client in the form agreed upon in the offer or contract. The client will only gain the right to use the work within the agreed-upon parameters once the full payment has been received. If the service is provided in partial increments, a partial payment will be due for each portion of the service rendered. Miviso GmbH's payment for services is based on written agreements with clients. This includes offers and order confirmations. Payment is due at the time of delivery in the agreed-upon form, whether digital or physical. The client will only be granted the right to use the completed work once full payment has been received. If the service is delivered in stages, a partial payment will be required for each portion of the service provided. If the client fails to pay on time, Miviso GmbH is entitled to charge a default interest of 8%. Miviso GmbH also has the right to pursue the unpaid amount at the client's expense. If the client becomes delinquent in their payments, Miviso GmbH may also choose to terminate the contract without notice or suspend any further services. Miviso GmbH is not responsible for any indirect damages.
7. Retention of title
The client is not allowed to use the services provided by Miviso GmbH for any purpose other than the intended use agreed upon in the contract. Without the written consent of Miviso GmbH, the client is not allowed to alter or modify the works in any way. The client is also not allowed to transfer the usage rights to any third parties. Until full payment of the compensation has been received, the client is not allowed to use the delivered works for any purpose. Miviso GmbH reserves the right to use the works created for the client for self-promotion at any time. The client is responsible for ensuring that the documents, whether in digital or print form, are properly handled and stored. Miviso GmbH is not liable for any damages resulting from the client's improper handling or storage of the documents.
8. Warranty and liability sample
Miviso GmbH is not responsible for the actions of its assistants. These provisions also apply to Miviso GmbH's assistants. Miviso GmbH will take the greatest care in carrying out their services. However, for documents or templates that are handed over in their original form, Miviso GmbH is only liable for intentional or gross negligence. Miviso GmbH is not responsible for any damages or indirect damages caused by errors, either to the client or to third parties. Compensation beyond the agreed upon amount is excluded. If Miviso GmbH hires third-party services for the execution of an order, these contractors are not considered assistants of Miviso GmbH. Miviso GmbH is only liable for their own actions and only for intentional or gross negligence. Miviso GmbH is not responsible for any documents or their contents provided or transmitted by the client. The client is responsible for ensuring that they have the proper authorization to transmit these documents and that they do not infringe on the rights of third parties. The client is required to carefully review the completed work for any objections before using it further. If the client continues to use the documents without identifying any issues, they release Miviso GmbH from any liability, including claims made by third parties. Warranty claims do not apply to the client's subjective or design views or assumptions or the unsuccessful further use of the work by the client. Any technical objections must be communicated to Miviso GmbH in writing within 14 calendar days of receiving the completed work. After this time, the work is considered to be free of defects. Miviso GmbH reserves the right to provide warranty services by correcting any defects. Multiple attempts at remediation are permitted.
9. Design freedom
Basically, Miviso GmbH has creative freedom throughout the entire order processing process. Therefore, complaints about the design are not allowed. If the client desires any changes to be made after the order has been completed, these changes will be made at an additional cost.
10. Final provisions
The location where the services will be provided and any legal disputes will be resolved is the headquarters of Miviso GmbH. The laws of Austria will be applied. Any changes or additions to these terms and conditions will only be valid if they are agreed upon in writing and signed by both parties. If any part of these terms and conditions is deemed invalid or becomes invalid, it will not affect the validity of the remaining provisions.
11. Contact
If you have any additional questions or need further information, you can reach us by email at hello@miviso.com, through our contact form, or by phone at +43 664 4563309. We are here to help.