Terms

1. Scope

These terms apply to all offers, contracts and services by Nenaj, Marsel Nenaj, unless otherwise agreed in writing.

Conflicting customer terms apply only if Nenaj expressly accepts them in writing.

2. Offers and contract formation

Unless stated otherwise, offers are valid for 14 days. A contract is formed by written acceptance, signature, down payment or agreed start of work.

An automated confirmation of receipt of an inquiry or order does not yet constitute acceptance; the contract is formed only upon express order confirmation by Nenaj.

Scope, phases, deliverables, dates, fees and responsibilities follow the offer, statement of work, project plan or comparable written agreement.

3. Services and changes

Nenaj provides IT, web, design, content, advertising-agency, social-media communication, automation and AI services according to the agreed scope. Strategic work relates to social media, content, campaigns, digital communication and implementation; general management consulting is not offered.

Change requests, new requirements or additional work outside the agreed scope are quoted separately or billed by effort.

4. Client cooperation

The client provides all required content, access, approvals, information, contacts and decisions in due time.

Delays caused by missing cooperation shift timelines appropriately and may create additional effort.

5. Acceptance

Deliverables must be reviewed promptly. The start and effect of the review period are pointed out on delivery. If no reasoned feedback is provided within fourteen calendar days, they are deemed approved unless another period is agreed.

Minor deviations that do not materially affect usability do not justify refusal of acceptance.

6. Fees and payment

Prices are net plus statutory VAT (standard taxation). Invoices are issued electronically.

Invoices are due without deduction unless another payment period is agreed. In case of late payment, services may be paused and statutory default interest plus reasonable collection costs may be charged.

7. Third-party services

Domains, hosting, fonts, stock media, plugins, SaaS tools, AI services, ad accounts and similar third-party services may have their own contract, privacy and cost terms.

Unless expressly agreed otherwise, the client bears ongoing third-party fees and remains responsible for the legality of their own accounts, content and data.

8. Usage rights

After full payment, the client receives the agreed usage rights to final approved deliverables for the agreed purpose.

Preliminary work, unused drafts, internal methods, templates, frameworks, know-how, source components and reusable modules remain with Nenaj or the respective rights holders unless agreed otherwise.

9. References

Nenaj may use project name, logo, publicly visible results and a factual project description as a reference unless the client objects for legitimate reason or confidentiality obligations prevent it.

10. Confidentiality and privacy

Both parties treat non-public information confidentially. Personal data is processed according to the privacy notice, a project-specific data protection agreement and applicable privacy laws.

Where Nenaj processes personal data on behalf of the client, a separate data processing agreement is concluded before processing begins.

11. Warranty and liability

Nenaj remedies justified defects within a reasonable period. The client must document defects in a reproducible way and allow Nenaj to improve them. In business dealings, obvious defects must be notified without undue delay after delivery (§ 377 UGB).

Warranty and damages are distinct. Liability for slight negligence is excluded, except for personal injury, mandatory statutory liability or the breach of essential contractual duties (cardinal duties); for slightly negligent breach of cardinal duties, Nenaj is liable for the foreseeable damage typical of the contract, capped as set out in paragraph 3. Liability for lost profits, indirect damages, data loss without proper backups or third-party outages is excluded to the extent permitted by law.

To the extent legally permissible and except for intent, gross negligence or personal injury, Nenaj's liability is capped per event at the net contract value agreed for the affected service; for ongoing services, at the net fee of the last twelve months.

12. Term and termination

Ongoing services may be terminated with the agreed notice period. Project contracts may be terminated for good cause.

Services performed up to termination, reserved capacity and non-cancellable third-party expenses must be paid.

13. Special terms, AI Academy (subscription)

The AI Academy is provided as an ongoing subscription (software-as-a-service). Billing is monthly or yearly in advance depending on the chosen plan. Monthly plans can be cancelled at the end of the current month; yearly plans renew automatically for another year unless cancelled 30 days before the end of the term.

The chosen plan defines the number of learner seats and the feature scope; upgrades are possible at any time. The Academy is operated with reasonable care. A specific availability (SLA) is only promised if expressly agreed in writing.

Where Nenaj processes learners' personal data on behalf of the client within the Academy, a data processing agreement under Art. 28 GDPR is concluded. The client is responsible for the lawfulness of the user and content data it provides.

Academy content is for training purposes and does not constitute legal advice; in particular, the policy generator does not replace a legal review.

14. Use of AI-assisted tools

Nenaj uses modern tools to deliver services, including AI-assisted development, automation and infrastructure tools, such as code assistants and automated agents for setting up servers, software or interfaces. The client consents to this use. No specific method or tool is owed; responsibility for the agreed service remains with Nenaj.

AI-assisted results are reviewed with due professional care. However, it is not warranted that such results are error-free, complete or legally exclusive; the client reviews deliverables as part of acceptance (clause 5).

Where content, code, configuration or data is transmitted to AI or cloud services to provide the service, this happens only to the extent necessary. Confidential or personal data is transmitted only in line with confidentiality, the privacy notice and, where applicable, a data processing agreement. The client states in advance which content must not be passed to third-party or AI services; on request, the use of specific services is restricted.

Copyright in AI-generated portions may be limited or non-existent. The client receives the agreed usage rights to the final approved deliverables (clause 8); there is no claim to sole authorship or exclusivity for AI-generated portions. Nenaj observes the licence terms of components used (e.g. open source). It is not warranted that AI-assisted portions are free of third-party rights; the client reviews deliverables before any publication and bears the user's risk associated with its own publication.

When setting up or changing servers, infrastructure, software or interfaces, including via automated or AI-assisted agents, on the client's systems or accounts, the client provides the necessary access and is responsible for regular backups unless expressly agreed otherwise. For damages arising from client-provided environments, third-party outages or AI-inherent uncertainties, Nenaj is liable only in accordance with clause 11.

15. Final provisions

Austrian law applies, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Venue is Vienna where legally permissible.

If a provision is invalid, the remaining provisions remain effective. The parties replace the invalid provision with a valid rule that comes as close as possible to the economic intent.