GTC | BigIconic.com

English

DUXDEI GMBH

Last revised: July 3, 2025

§1 GENERAL PROVISIONS

1. Scope
Welcome to the websites of DUXDEI GMBH:
DUXDEI.com, NGOfoundation.com, domaintastic.com, RescueDomain.com, adpick.com, AssignAgency.com, BigIconic.com, brandivism.com, MatMio.com, NameCreative.com, NeedDesign.com, ThePRAgency.com, Upstarta.com, etc. (hereinafter the “Websites”).
The use of these Websites and all business relationships between DUXDEI GMBH (hereinafter referred to as the "Provider," "we," "us") and visitors, users, and clients (hereinafter referred to as "Users," "Clients," "you") are governed by the following Terms of Use and General Terms and Conditions (GTC), as well as, by reference, the Privacy Policy and Cookie Policy (collectively hereinafter referred to as "Terms"). The Terms are binding for all use of these Websites and for the utilization of any services and products offered. By accessing these Websites or using any services, the User agrees to these Terms. These Terms apply to the use of our Websites, our products and services, and all contracts entered into between the Provider and the Client. Any deviating or supplementary terms of the Client shall only become part of the contract if expressly agreed in writing by the Provider. The Client acknowledges that these Terms form an essential basis for pricing and agrees to waive any rights that conflict with these Terms. You acknowledge and agree that this constitutes the agreed allocation of risks, which forms part of the consideration for our services and products for you. Should you believe that such rights are necessary, please notify us so that we can adjust our pricing accordingly.

You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the services and purchase products. PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THESE WEBSITES OR THE SERVICES AND PRODUCTS OFFERED, NOR ENGAGE IN ANY BUSINESS RELATIONSHIP OR TRANSACTION WITH THE PROVIDER. IN SUCH CASE, LEAVE THE WEBSITES IMMEDIATELY!

2. Subject Matter of the Contract
The Provider operates Websites through which products and services are offered EXCLUSIVELY FOR BUSINESS CLIENTS (B2B). By using, commissioning, or ordering, the Client confirms acting as an entrepreneur within the meaning of §1 UGB: “[English translation] (1) An entrepreneur is someone who operates a business/enterprise. (2) An enterprise is any long-term organization of independent economic activity, even if it is not aimed at making a profit.” This definition may include self-employed individuals, freelancers, associations, and similar organizations. As the Provider’s business is exclusively B2B, you acknowledge that the Consumer Protection Act (KSchG), E-Commerce Act (ECG), and other consumer protection laws do not apply.

3. Conclusion of Contract
A contract between the Provider and the Customer is concluded exclusively by the Provider's written confirmation. Telephone and oral agreements require written confirmation to be effective.

4. Right of Withdrawal
The right of withdrawal does not apply to business customers. ALL SALES ARE FINAL. The chargeable reversal of the purchase is done exclusively as a gesture of goodwill, at our sole discretion, and at the Customer's expense. No rights arise from the reversal of a purchase for a future reversal of a purchase.

5. Prices and Payment Terms
All prices are net prices in EURO and do not include taxes or duties. Should the Provider be legally obligated to collect taxes or duties, these will be shown separately on the invoice. THE CLIENT IS OBLIGED TO PAY ANY APPLICABLE TAXES AND DUTIES. THE CLIENT IS ALSO RESPONSIBLE FOR REMITTING ANY APPLICABLE TAXES AND DUTIES IN THEIR OWN COUNTRY. Payments are due immediately upon invoicing without deduction. The Client will be in default, without further notice by the Provider, if payment is not made within 14 days after due date. In the event of default, interest of 9% above the base interest rate will be charged. Any dunning, legal, or collection agency fees incurred will also be charged to the Client. The Provider retains title to all delivered goods until full payment of all claims arising from the business relationship. The Client is obliged to handle goods subject to title of retention with care, protect them from third-party access, and grant reasonable access without delay.

6. Performance of Services
The Provider performs its services independently and not bound by instructions. The Provider reserves the right to design the execution of the services according to their own methods and ways of working. The Provider is obliged to exercise reasonable care but does not guarantee a specific result.

7. Delivery and Delivery Time
For goods to be delivered, delivery is ex works at the Client’s risk and expense. Delivery times are non-binding unless expressly confirmed in writing as binding. Partial deliveries are permitted.

8. Client’s Duty to Cooperate
The Client must provide all necessary cooperation required for proper fulfillment of the contractual obligations. This includes timely provision of information, documents, and access, as well as prompt and constructive collaboration in resolving issues or questions. If the Client fails to meet these obligations, the Provider reserves the right to charge for resulting additional expenses. In addition, delay or failure to cooperate may release the Provider from liability for resulting delays or defects.

§2 WARRANTY

1. Warranty
All products and services offered are provided "as is," "as available," and "with all faults." The Provider makes no express or implied warranties or representations regarding quality, fitness for a particular purpose, or non-infringement of third-party rights. Any warranty, whether express or implied, is hereby expressly excluded, to the extent permitted by law. The Client must report defects in writing within 3 days of receipt of goods or acceptance of services. If notice is not given in time, the goods/services are deemed accepted. Remedy of defects is at our sole discretion, as a gesture of goodwill and at the customer's expense. No entitlement to future defect remediation arises from such actions. The Client bears the full burden of proof for all asserted claims and prerequisites for damages against the Provider.

§3 DISCLAIMER OF LIABILITY

1. Disclaimer of Liability
The Provider accepts no liability, to the extent permitted by law, for damages incurred by the Client through the use of these Websites or through purchase or use of goods or services, unless the damage was caused intentionally or by blatant gross negligence. This exclusion includes, but is not limited to, direct, indirect, consequential, incidental, third-party, or special damages, force majeure, loss of profits, business interruption, loss of business information, or other financial losses, even if the Provider was advised of the possibility of such damages. The Provider’s total liability to the Client, regardless of legal grounds, is limited to the amount paid by the Client for the respective delivery or service. This limitation does not apply to damages arising from injury to life, body, or health.

§4 WEBSITES

1. Website Disclaimer
ANY USE OF THESE WEBSITES IS AT THE USER’S OWN RISK. We accept no liability for damages or losses arising from the use of these Websites. It is the User's responsibility to take appropriate protective measures for their devices and data, including using up-to-date antivirus software.

All information provided is for informational purposes only. The content of these Websites is created with the greatest possible care. However, the Provider does not guarantee the accuracy, completeness, or timeliness of the content. Following advice, notes, statements, requests, or recommendations shall always be at your own risk and responsibility. We assume no responsibility for damages or losses resulting from the use of, or reliance on, the information provided on these Websites. This includes, but is not limited to, direct, indirect, incidental, consequential, or punitive damages. All offers are non-binding and without guarantee. We reserve the right to change, supplement, or remove content at any time without prior notice. It is the User's responsibility to keep themselves informed about the current status of the content.

These Websites may contain links to external websites operated by third parties. We have no control over the content of such external websites and accept no responsibility for their content or privacy practices. The inclusion of such links does not constitute endorsement of the linked content and is provided solely for your convenience. Permanent monitoring of linked pages is unreasonable without specific evidence of a legal violation. Upon becoming aware of such violations, we will remove those links immediately.

2. Copyright
Content and works created by originators on these Websites are subject to copyright. Reproduction, adaptation, distribution, and any form of exploitation outside the limits of copyright law require the written consent of the respective author or creator. All rights reserved. This contract does not transfer any rights of use or copyright to the User. All rights, especially copyrights, remain with the respective rights holders. If you agree to these Terms, you are granted permission only to access and browse the Websites to purchase services and products from the Provider. This permission automatically expires if you breach any provision of the Terms. Any further use, especially reproduction, distribution, or public performance of the content, requires the express written consent of the Provider. Where content on this site was not created by the Provider, third-party copyrights are respected and such content is identified as such. Should you nonetheless become aware of a copyright infringement, please notify us at legal@duxdei.com. Upon becoming aware of violations, we will promptly remove such content.

3. Privacy
The Provider processes the Client’s personal data for specific purposes and in accordance with legal requirements. Data necessary for processing orders is only forwarded to partners involved in fulfilling the contract. The Client has the right at any time to request free information, correction, blocking, and deletion of their stored data. For more information, please refer to our Privacy Policy.

§5 SPECIAL SERVICES

1. Domain Restitution
RescueDomain.com is a service of domaintastic.com for the restitution of domains to their rightful stakeholders. This includes the emergency acquisition of domains to temporarily protect them from third-party access and to grant the legitimate stakeholders appropriate access. This service is funded by a finder’s fee. The statutory finder’s fee is 10% of the fair market value (§393 Z1 ABGB). For domains, which are often of inestimable value and significant importance to the rightful stakeholders, the finder’s fee is “to be determined by reasonable discretion” (pursuant to §393 Z2 ABGB).

§6 FINAL PROVISIONS

1. Final Provisions
By accepting these Terms, the Client confirms having read and understood them and accepts all provisions contained herein.
Austrian law applies exclusively, excluding international conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). For all disputes arising from or in connection with this contract, the competent court at the Provider's registered office (Theresienfeld/Austria) is agreed upon as the place of jurisdiction. The court language is German.
The Client must assert all claims arising from the contractual relationship within 6 months from the time the cause of action arises. After this period, all claims are barred.
The Client expressly waives the right to contest the contract on the grounds of “laesio enormis” (§ 934 ABGB). The Client expressly waives the right to file class actions or model proceedings against the Provider.
The contractual parties undertake to attempt to resolve legal disputes amicably first (contact: legal@duxdei.com). If no amicable solution is reached within 30 days, the parties are free to seek judicial resolution.
The Client is not entitled to offset their own claims against claims of the Provider unless such counterclaims have been acknowledged in writing by the Provider or have been established by a final court decision.
Any recourse claims of the Client against the Provider, its employees, representatives, and bodies are excluded. The Client shall indemnify and hold the Provider, its employees, representatives, and bodies harmless against claims by third parties. The Client assumes full responsibility for all costs, including legal and court fees, incurred in defending or settling such claims. The Provider has the free choice of legal counsel.
Without our prior written consent, you may not assign your agreement with us under these Terms or all or part of your contractual rights or obligations.
These Terms do not create any partnership, joint venture, employment, or agency relationship between the parties. Both parties act as independent contracting parties.
Should individual provisions of this contract be or become invalid or unenforceable after conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. In place of the invalid or unenforceable provision, a valid and enforceable provision shall apply which comes as close as possible to the economic intent of the parties. Failure to enforce a provision of these Terms does not amount to a waiver of that provision.
These provisions constitute the entire agreement between the contractual parties. All previous oral or written agreements, arrangements, or negotiations falling within the scope of these Terms are hereby replaced. The provisions of these Terms which, by their nature, should continue after termination of this contract, shall remain in force after termination. Amendments and additions to this contract require written form. This also applies to any amendment to this written form requirement.
These Terms are written in German. Translations into other languages are for convenience only. In the event of any discrepancies between the German version and a foreign language translation, the German version shall prevail. Headings are for clarity, convenience, and user-friendliness only. Headings do not limit the content and have no legal effect.
We reserve the right to amend the Terms at any time and in any manner, with or without prior notice. The updated version will be published on the Websites and becomes effective upon publication. It is the Client's responsibility to check regularly for updates to the Terms.

If you have any questions regarding the Terms, please contact us:

DUXDEI GMBH
Gewerbeparkstrasse 1
A-2604 THERESIENFELD
ÖSTERREICH

Email: legal@duxdei.com