Terms of Use (General Terms and Conditions)
1. General Scope
These Terms of Use govern the contractual relationship between ELOA Digital e.U., Grosswilfersdorf 15, 8263 Grosswilfersdorf, Austria (the “Provider”) and the customer (the “Client”). They apply to all services offered by the Provider, in particular the optimisation of customer communication (e.g. AI phone assistants, chat systems) and systematic customer acquisition. By using the services or signing a contract, the Client accepts these terms as binding. The Provider reserves the right to amend these Terms at any time; updates are communicated by e-mail and are deemed accepted unless the Client objects in writing within fourteen (14) days.
2. Contract Formation
A contract is formed when the Client accepts an offer in writing or makes use of the Provider’s services. All offers are non-binding unless expressly stated otherwise. The agreed conditions are recorded in individual contracts or e-mail correspondence. The services are intended exclusively for business customers (B2B) under the Austrian Civil Code (ABGB) and the Consumer Protection Act (KSchG).
3. Scope of Services
The Provider offers services in digital marketing, customer communication automation (e.g. AI phone assistants, chat systems) and systematic customer acquisition. The precise scope is defined in each individual contract. No guarantee is given for specific revenue or conversion targets.
4. Payment Terms
All invoices are payable within fourteen (14) days of issuance by bank transfer, unless other terms have been agreed. In case of late payment, the Provider may charge statutory late fees and suspend further service delivery. Prices are quoted in euros (EUR) net of VAT; Austrian VAT (currently 20 %) is added to the net price.
5. Right of Withdrawal / Cancellation
Because the services are individually configured and delivered digitally, there is no general right of withdrawal. Cancellation of ongoing agreements is possible with fourteen (14) days’ notice, unless the contract stipulates otherwise.
6. Liability and Warranty
The Provider is not liable for missed conversions, loss of revenue, or technical failures attributable to the Client’s infrastructure. Liability is limited to cases of gross negligence or intentional misconduct and is capped at the amount invoiced for the services rendered in the current billing period.
7. Data Privacy
Personal data is processed solely to the extent necessary for service delivery. Full details are set out in our Privacy Policy.
8. Intellectual Property
All marketing assets, systems, automations and designs created by the Provider remain its exclusive property unless a written transfer is agreed. Clients may not reuse, resell or modify the Provider’s systems or branding without prior written consent.
9. Jurisdiction and Applicable Law
This agreement is governed by the laws of the Republic of Austria (ABGB, KSchG, UGB). The competent court for any disputes is the Regional Court (Landesgericht) of Graz, unless the parties agree on another venue in writing.
10. Contact
ELOA Digital e.U. – Philipp Archan
Grosswilfersdorf 15, 8263 Grosswilfersdorf, Austria
E-mail: office@eloadigital.com
VAT Identification Number (UID): ATU77734258
The Provider is neither obligated nor prepared to participate in dispute-resolution proceedings before a consumer arbitration board.
