Company wording:
NijuraArts Art & Design e.U.

Responsible for the Content:
NijuraArts Art & Design e.U.

Legal form:
one-man-business

Company register number:
615332a

Corporate object:
Advertising agency and arts and crafts

Company location:
Retzenwinklerstraße 29
4407 Steyr-Gleink
Austria

Email, Phone, Website:
business@nijura-design-arts.com
0660 63 93 893
www.nijura-arts.com

responsible professional association:
WKO Oberösterreich

Wirtschaftskammer Membership:
- Wirtschaftskammer-Link

Applicable legislation and access to it:
- Trade regulations

Company Court:
Steyr Regional Court

Manager / CEO:
Daniela Siedler

1. These General Terms and Conditions (hereinafter referred to as General Terms and Conditions) serve the purpose of defining the rights and obligations of both the advertising agency and the artist as well as their client and of creating contractual relationships that are as clear as possible in business transactions.

2. The General Terms and Conditions are an integral part of work contracts that require the professional execution of orders in the advertising agency and arts and crafts professions for the "production of decorative and decorative objects made of base metals, wire, plaster, concrete, wood, horn, plastic, leather and textile materials , straw, paper and glass elements, vegetables and fruit as well as threading precious stones, silver, glass, plastic and felt elements and painting and decorating wood, ceramics, porcelain, silk, textiles, billets and wax goods .

3. The client ensures that the organizational framework for the fulfillment of the order at its place of business or the place of performance - unless this is part of the order - allows work to be carried out as undisturbed as possible and conducive to the rapid progress of the conception, design and execution work.

4. The client also ensures that the advertising agency and the artist are presented with all documents necessary for the fulfillment of the order in a timely manner, even without the artist's express request, and that they are made aware of all processes and circumstances that are important for the execution of the order. This also applies to all documents, processes and circumstances that only become known during the creation of the order.

5. The work of the advertising agency and the artist is usually based on an agreement with the client, which includes both the scope of the services and the fee to be charged for them.

6. Before placing the order, the advertising agency expressly points out to the customer that the providers of “social media channels” (e.g. Facebook or Instagram, hereinafter referred to as providers) reserve the right in their terms of use to reject advertisements and appearances for any reason to be removed. The providers are therefore not obliged to forward content and information to the users. There is therefore a risk, which cannot be calculated by the advertising agency, that advertisements and appearances will be removed for no reason. In the event of a complaint from another user, the providers will The possibility of a counter-notification is granted, but in this case too, the content will be removed immediately. In this case, restoring the original, legal status may take some time. The advertising agency works on the basis of these providers' terms of use, to which it does not rely influence and also bases the customer's order on this. By placing the order, the customer expressly acknowledges that these terms of use (co-)determine the rights and obligations of any contractual relationship. The advertising agency intends to carry out the customer's order to the best of its knowledge and belief and to comply with the guidelines of "social media channels". Due to the currently valid terms of use and the easy possibility of every user to claim legal violations and thus have the content removed However, the advertising agency is not liable for ensuring that the commissioned campaign is available at any time.

7. Concept and idea protection: Concepts and ideas that do not reach the heights of a work do not enjoy copyright protection. But these ideas are at the beginning of every creative process and can be defined as the starting point of everything that comes later and thus as the origin of marketing strategy. Therefore, every element of the concept and idea that is unique and gives the marketing strategy its characteristic character is protected. In particular, advertising keywords, advertising texts, graphics and illustrations, advertising materials, etc. are considered ideas within the meaning of this agreement, even if they do not reach the height of the work.

8. Terms of Service:
If the advertising agency and artist are commissioned, the client agrees to the following:
- The advertising agency and artist has the right, unless previously agreed upon separately, to show the works on the social media used by the advertising agency and artist at the time of the order, as well as on this website. This also includes works that have not yet been completed and show "over the shoulder" or "behind the scenes" as well as use in videos.
- All services provided by the advertising agency (in particular all preliminary drafts, sketches, final artwork, copies, color prints and electronic files) must be checked by the client or customer and approved by them within three working days of receipt by the client or customer. After this period has passed without feedback from the client or customer, they are deemed to have been approved by the customer.
- The client or customer is also obliged to check the documents provided by him for the execution of the order (photos, logos, etc.) for any copyrights, trademarks, trademark rights or other rights of third parties (rights clearing) and guarantees that the documents are free of third-party rights and can therefore be used for the intended purpose. The advertising agency is not liable in the event of slight negligence or after fulfilling its duty to warn, at least internally with the customer, due to a violation of such third party rights through documents provided. If a claim is made against the agency by a third party due to such an infringement, the client or customer will indemnify and hold the advertising agency harmless; He must compensate her for all disadvantages that she incurs as a result of making use of third parties, in particular the costs of appropriate legal representation. The client or customer undertakes to support the advertising agency in defending against any claims from third parties. The client or customer provides the advertising agency with all documents for this purpose without being asked.
- Unless expressly agreed as binding, stated delivery or service deadlines are only approximate and non-binding. Binding appointment agreements must be recorded in writing or confirmed in writing by the agency. If the agency's delivery/service is delayed for reasons for which it is not responsible, such as force majeure events and other unforeseeable events that cannot be prevented by reasonable means, the service obligations are suspended for the duration and to the extent of the obstacle and the deadlines are extended accordingly. If such delays last more than two months, the customer and the agency are entitled to withdraw from the contract.
- The rights to the commissioned works of art remain with the creator. Unless previously agreed upon separately, the artist has the right to create prints and reproduce the work, both digitally and physically.
- The client of a work of art has the right to print their own prints for their own use, but not the right to sell them.
- When the artist is commissioned, 50% of the set price is paid at the beginning of the order and the remaining 50% at the end of the order. If the order is canceled during the order, the first 50% that has already been paid remains with the artist. In this case, the commissioned work remains with the artist and is not handed over to the client.
If the artist cancels the order herself, for whatever reason, the money paid will be returned to the client.

9. The advertising agency is entitled to refer to the advertising agency and, if necessary, to the author on all advertising materials and in all advertising measures, without the customer being entitled to any payment for this.

10. Data protection for customers:
- The customer agrees that his or her personal data, namely name/company, profession, date of birth, company register number, powers of representation, contact persons, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, UID Number, for the purpose of supporting the customer and in exceptional cases for our own advertising purposes, for example to send offers and newsletters (in paper and electronic form), as well as for the purpose of pointing out the previous business relationship with the customer (reference note). are processed. - This consent can be revoked at any time by email to business@nijura-design-arts.com or by letter to NijuraArts Art & Design e.U., Retzenwinklerstraße 29, 4407 Steyr-Gleink.
- These personal data that fall under the following data categories are processed:
- Name/Company
- Profession
- Company register number
- Powers of representation
- Contact persons
- Business address and other addresses of the customer
- Telephone number, fax number, email addresses
- Bank details
- UID-Number

You have voluntarily provided me with data about yourself and I process this data based on your consent for the following purposes:
- Customer care, as well as
- for our own advertising purposes, for example to send offers and newsletters (in paper and electronic form), as well as for the purpose of pointing out the existing or previous business relationship with the customer (reference note).

The data you provide is also required to fulfill the contract or to carry out pre-contractual measures. Without this data I cannot conclude the contract with you.
If a contract is concluded, all data from the contractual relationship will be stored until the tax retention period (7 years) has expired.
Sub-providers can be used to carry out an order, including, for example:
- Print shops, sign manufacturers, production companies for print products
- Programming and content management systems for online applications

The protection of your personal data is particularly important to me. I therefore process your data exclusively on the basis of the legal provisions (GSGVO, TKG 2003). In this data protection information I provide information about the most important aspects of data processing on this website.

Contact:
If the company is contacted by email, the data provided will be stored by the company in order to process the request and in case of follow-up questions. This data will not be passed on without consent.

Cookies:
This website uses so-called cookies. These are small text files that remain stored on your device using the browser until you delete them. They enable the advertising agency to recognize your browser on your next visit. If this is not desired, you can set up your browser so that it informs you about the setting of cookies and you only allow this in individual cases. However, if cookies are deactivated, the functionality of this website may be limited.

Server-Logfiles
When you access this website, web server log files are created. These contain, among other things, IP addresses, which also fall under personal data. For reasons of operational security, to create access statistics, etc., web server log files are created. These log files will be stored for two weeks following the implementation of the GDPR. These log files can be used, for example, to analyze problems, fix errors, or restore damaged files.

Webanalasys
This website uses Google Analytics, a web analysis service provided by Google Inc. with headquarters at 1600 Amphitheater Parkway Mountain View, CA 94043, USA. Google Analytics uses so-called “cookies”, text files that are stored on the user’s computer and enable the use of the website to be analyzed. The information generated by the cookie about your use of this website (including your IP address) is transmitted to a Google server in the USA and stored there. Your IP address is recorded but immediately anonymized by deleting the last 8 bits. This means that only a rough localization is possible. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services related to website activity and internet usage. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; However, please note that in this case you may not be able to use all of the functions of this website.
In addition, there is the option of installing a browser add-on with which you can deactivate Google Analytics and thus prevent the use of your data and You can prevent your IP address.More Information & Download here

Further information about the terms of use and data protection regarding Google Analytics can be found in the Google Analytics Terms of Use here and about the Google privacy policy here.

Legal basis and purpose of the data processing mentioned:
Data processing is carried out on the basis of the legal provisions of Section 96 Paragraph 3 TKG as well as Art 6 Paragraph 1 lit a of the GSGVO (consent) and/or Art 6 Paragraph 1 lit f of the GDPR (legitimate interest). My concern within the meaning of the GSGVO (legitimate interest) is to improve my offer and my website. By using this website, you agree to the processing of the data collected about you in the manner described above and for the purpose stated above. In principle, you have the rights to information, correction, deletion, restriction, data portability, revocation and objection, provided that there is no legal obligation to retain data. If you believe that the processing of your data violates data protection law or that your data protection rights have been violated in any other way, please inform me or contact the responsible supervisory authority. In Austria this is the data protection authority.

The rights of use for all images used on this website belong to the website owner or NijuraArts Art & Design e.U. Photos were used with the permission of the authors. If the copyright of an owner is mistakenly violated or is not sufficiently taken into account, we request immediate information and notification.

This website contains links to external, other websites over whose content the provider and creator of this website has no influence. For this reason, the provider and creator cannot assume any liability for this content. The respective provider and creator of the linked website is responsible for the content and accuracy of the information provided. At the time of linking no infringements were recognizable. If such a legal violation becomes known, the link will be removed immediately. The author and creator of this website is not liable for any incorrect information on the website. All information is provided without guarantee and all rights reserved.