General Terms and Conditions
Manuel Fischer, advertising agency (Truebound) – for services to businesses
Last updated: 4 November 2026
1. Scope
(1) These terms and conditions apply to all services provided by Manuel Fischer, advertising agency, trading as “Truebound” (Agency), to businesses (Clients). The Agency does not enter into contracts with consumers.
(2) Deviating terms of the Client only apply if the Agency agrees to them in writing. Individual contracts and framework agreements take precedence over these terms.
2. Quotes and orders
(1) The Agency's quotes are valid for 30 days. An order is concluded when the Client accepts a quote or the Agency confirms an order; an email is sufficient.
(2) Estimates of effort are non-binding. If it becomes apparent that they will be exceeded by more than 15 %, the Agency informs the Client in advance.
(3) The Client may not use concepts and drafts that the Agency presents before an order without placing an order, not even in modified form. Deadlines are only binding if they are expressly agreed as such.
3. Services and cooperation
(1) The scope and content of the services result from the quote, briefing and order confirmation. The Agency charges additional requests according to effort.
(2) The Client provides information, documents and approvals in good time. Delays on the Client's side postpone deadlines accordingly.
(3) The Client warrants that it holds the rights to all materials it provides to the Agency, such as texts, images and logos, and indemnifies the Agency against third-party claims.
(4) Content on third-party platforms such as Instagram, Facebook or LinkedIn is subject to their terms. The Agency is not liable if a platform blocks or removes content.
(5) For photo and video recordings at the Client's events, the Client as organiser informs participants in advance and on site about the recordings and their use and obtains any necessary consents. The Agency respects persons who do not wish to be recorded, insofar as it is aware of this.
(6) The Agency may use AI tools. The Agency labels content that must be disclosed as artificially generated under Art. 50 of the AI Act, such as deceptively realistic images, videos or audio recordings of persons (deepfakes); the Client keeps the label when publishing.
4. Approval and legal review
(1) By giving approval, the Client assumes responsibility for the correctness of text and images.
(2) The Agency only reviews the legal admissibility of advertising measures, for example under competition, trademark or media law, if this is separately agreed. It points out risks that come to its attention.
5. Third-party services
The Agency may subcontract services to third parties. It charges third-party services and expenses separately as agreed.
6. Fees and payment
(1) The agreed fee applies. In the absence of an agreement, the Agency charges its effort at its usual hourly rate. Travel and material costs are charged separately.
(2) Invoices are payable within 14 days without deduction. For longer projects, the Agency may issue partial invoices.
(3) In the event of late payment, the statutory default interest for businesses applies (Section 456 of the Austrian Commercial Code, UGB). The Agency may withhold further services until payment is made.
(4) If the Client cancels a project, the Agency charges the effort and costs incurred up to that point; further statutory claims remain unaffected. The Client may only set off claims that are acknowledged or have been established by a court.
7. Rights of use
(1) Upon full payment, the Client receives the right to use the work results to the agreed extent, otherwise for its own purposes, without limitation in time or territory.
(2) The Agency only owes open working files and drafts that were not selected if this is agreed.
(3) The Agency may show work results as references unless the Client objects. It only shows recordings in which individual persons are recognisably the focus with their consent.
8. Warranty
(1) Defects must be notified in writing and in specific terms within 14 days of delivery, hidden defects within 14 days of their discovery; otherwise the service is deemed approved. The Agency first has the right to remedy the defect.
(2) Warranty claims become time-barred six months after delivery.
9. Liability
(1) The Agency is not liable for slight negligence, except for personal injury. In the case of gross negligence, liability is limited to the fee for the order concerned; the Agency is not liable for lost profit or consequential damage. In the case of intent, particularly gross negligence and personal injury, the statutory provisions apply.
(2) Claims lapse if they are not asserted in court within six months of knowledge of the damage and of the party causing it; this does not apply in the case of intent or particularly gross negligence.
10. Data protection and confidentiality
(1) If the Agency processes personal data on behalf of the Client, the parties conclude a data processing agreement pursuant to Art. 28 GDPR.
(2) Both parties treat confidential information of the other party confidentially, also after the end of the cooperation.
11. Final provisions
(1) Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-laws rules.
(2) The place of performance is the Agency's place of business. The place of jurisdiction is the court with subject-matter jurisdiction at the Agency's place of business.
(3) Amendments must be made in writing; an email is sufficient. If a provision is invalid, the remaining provisions remain valid.
Manuel Fischer, advertising agency (Truebound) · Enzesfelder Straße 16, 2544 Leobersdorf, Austria · office@truebound.at · +43 660 9949245
This is a translation. In case of any discrepancy, the German version prevails.