Terms and Conditions

Nexsite – a product of Nexene GmbH
Status: Juni 2025

§ 1 Scope and contracting parties

  1. These General Terms and Conditions (hereinafter "GTC") apply to all contracts relating to the "Nexsite" Website-as-a-Service (hereinafter "Service") concluded between Nexene GmbH, Gleisdorf, Austria (hereinafter "Nexsite" or "we") and the customer (hereinafter "Customer").
  2. Nexsite is a product of Nexene GmbH. Nexene GmbH is the customer’s sole contractual partner. The term “Nexsite” in these Terms and Conditions and on nexsite.at refers to this product, but does not constitute a separate legal entity.
  3. The service is intended for business owners as defined in Section 1 of the Austrian Commercial Code (UGB), as well as for individuals who use the service in connection with their self-employed or commercial activities. Use by consumers as defined in Section 1 of the Austrian Consumer Protection Act (KSchG) is excluded.
  4. By entering into this contract, the customer accepts these Terms and Conditions as binding. Any conflicting or deviating terms and conditions put forward by the customer shall not be recognised unless we have expressly agreed to them in writing.
  5. Nexsite reserves the right to amend these Terms and Conditions at any time. The customer will be notified of any changes by email at least 30 days before they come into effect. If the customer does not object within 14 days, the amended Terms and Conditions shall be deemed to have been accepted. The notification will expressly refer to the right to object and the consequences of remaining silent.

§ 2 Scope of work

2.1 Scope of the service

  1. Nexsite provides the following services as part of the agreed subscription:
  2. Creation of a bespoke website ("Nexsite website") based on a bespoke design draft, including a feedback round in accordance with the customer’s specifications
  3. Provision and operation of cloud hosting on third-party technical systems (in particular Vercel)
  4. Setup and management of a domain (provided this is included in the setup or commissioned separately)
  5. SSL certificate included
  6. Basic SEO setup (technical on-page optimisation)
  7. Implementation of a cookie consent banner in accordance with the Austrian data protection regulations in force at the time of setup
  8. Creation of SEO-optimised content based on information provided by the client
  9. Google Analytics and Tag Manager setup
  10. CMS configuration for independent content management by the client
  11. Support via email (response time: 1 working day)

2.2 Services not included

  1. The following are expressly excluded from the service:
  2. The creation or design of logos, corporate identity (CI) or brand materials
  3. The setup or operation of online shop systems (e-commerce)
  4. Search engine optimisation beyond the basic SEO setup (e.g. ongoing off-page SEO, link building)
  5. Creation of content beyond the texts agreed upon during the setup phase
  6. Legal review of website content (legal notice, privacy policy, etc.) – the customer is responsible for the legal accuracy of their content
  7. Advertising or marketing activities of any kind

2.3 Availability

  1. Nexsite aims to achieve 99% availability of the hosting service per calendar month. Planned maintenance work will be notified to the customer in good time. No guarantee of a specific level of availability is given insofar as outages are attributable to circumstances beyond Nexsite’s control (in particular, outages at third-party providers such as Vercel, Storyblok or the DNS provider).

§ 3 Conclusion of the Contract

  1. The contract is concluded upon Nexsite’s acceptance of the customer’s offer. Acceptance is generally effected by confirmation via email and receipt of the setup fee.
  2. The customer is obliged to provide truthful and complete information about themselves and their company.
  3. Nexsite reserves the right to refuse to conclude a contract without giving reasons.

§ 4 Term and Termination

4.1 Flexible Model (Monthly)

  1. The contract has a minimum term of three (3) months from the go-live date of the Nexsite website.
  2. Upon expiry of the minimum term, the contract shall be automatically renewed for a further one (1) month at a time, unless it is terminated with four (4) weeks’ notice to the end of the relevant month.
  3. Notice of termination must be given in writing by email to Nexsite’s support address.

4.2 Annual Model

  1. The contract is concluded for a term of twelve (12) months from the go-live date.
  2. Upon expiry of the annual term, the contract shall be automatically renewed for a further year, unless it is terminated in writing by email with four (4) weeks’ notice prior to the expiry of the respective term.
  3. The monthly price agreed upon conclusion of the contract remains fixed for the entire duration of the contract ("fixed price"), provided that the contract is not suspended or the plan is not changed.

4.3 Termination for cause

  1. Both parties are entitled to terminate the contract for cause. Cause shall be deemed to exist, in particular, if the customer is more than 30 days in arrears with payments or has breached material obligations under these Terms and Conditions.
  2. Nexsite is entitled to deactivate the service immediately in the event of extraordinary termination by the customer through their own fault.

§ 5 Prices, Payment and Due Dates

  1. The prices applicable at the time the contract is concluded can be found in the relevant quotation or on the pricing page at nexsite.at. All prices are exclusive of the applicable statutory VAT.
  2. The one-off setup fee is due before work commences and will be invoiced. The website will only go live once the setup fee has been received in full.
  3. With the monthly plan, the subscription fee is collected monthly in advance by direct debit or credit card. The first billing period begins on the go-live date.
  4. With the annual plan, the annual fee for the first year is payable in advance. Subsequent payment periods are due at the start of each new year.
  5. In the event of late payment, Nexsite is entitled to deactivate the service following a written reminder and a grace period of 10 working days. This does not affect the customer’s obligation to pay.
  6. Customers on the monthly plan will be notified in writing of any price changes at least 30 days before they come into effect. In this case, the customer has the right to terminate the contract with immediate effect from the date the new prices come into effect. For customers on the annual plan, the agreed fixed price remains unchanged for the entire current contract term.

§ 6 Customer’s obligations

  1. The customer is obliged to provide Nexsite with all information, texts, images and materials required for the creation of the website in full and in a timely manner. Nexsite shall not be held liable for any delays resulting from incomplete or late information provided by the customer.
  2. The customer shall ensure that all content provided by them (in particular images, text and logos) is free from third-party rights or that they hold the necessary rights of use. The customer shall indemnify Nexsite against all claims by third parties arising from a breach of this obligation.
  3. The customer is solely responsible for the accuracy and completeness of their legal notice, privacy policy and other legally relevant content on the website.
  4. The customer undertakes not to use the service for unlawful purposes and not to publish any content that contravenes applicable Austrian or European law.
  5. The customer must treat the CMS login details as confidential and must not disclose them to unauthorised third parties.

§ 7 Ownership, Copyright and Data

7.1 Ownership of the Website

  1. The website created as part of the service remains the property of Nexene GmbH and is made available to the customer for use for the duration of the contract. The customer does not acquire any ownership of the website, the source code or the systems used.
  2. Upon termination of the contract – for whatever reason – the customer’s right of use expires. Nexsite is entitled to deactivate the website.

7.2 Copyright

  1. All texts, designs and technical implementations created by Nexsite are subject to the copyright of Nexene GmbH, unless expressly agreed otherwise.
  2. Content provided by the customer (images, texts, logos, etc.) remains the property of the customer. Nexsite is granted the non-exclusive right to use this content within the scope of the service.

7.3 Data upon termination of the contract

  1. Upon termination of the contract, the customer has the right to export their own content (text, images) within 14 days of the contract ending or to request that it be sent to them by email. After that, the data will be deleted.
  2. The domain generally remains with Nexsite upon expiry of the contract, provided that the domain was registered by Nexsite as part of the setup process. The customer may request the transfer of the domain upon payment of the applicable transfer fees. A transfer will only take place once all outstanding amounts have been settled in full.
  3. If the customer has registered the domain independently and merely handed it over to Nexsite for configuration, it remains with the customer.

§ 8 Liability

  1. Nexsite shall be liable without limitation for damage caused by intentional or grossly negligent conduct on the part of Nexsite or its vicarious agents.
  2. In cases of slight negligence, Nexsite shall only be liable for breaches of material contractual obligations (cardinal obligations). In such cases, liability shall be limited to foreseeable, typical damage.
  3. Nexsite accepts no liability for any downtime or restrictions attributable to third-party providers (in particular Vercel, Storyblok, DNS providers and domain registrars).
  4. Nexsite accepts no liability for any damage arising from the use of the website by the customer or third parties, in particular for loss of revenue, loss of profits or damage to reputation.
  5. Nexsite does not guarantee that the website will be indexed by specific search engines or achieve specific search rankings.

§ 9 Data Protection

  1. Nexsite processes the customer’s personal data solely for the purpose of contract fulfilment and in accordance with the General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DSG). Further details can be found in Nexsite’s privacy policy at nexsite.at/datenschutz.
  2. The customer is responsible for ensuring that their own website complies with data protection regulations, particularly with regard to the privacy policy, cookie banner and the integration of third-party services.
  3. Where Nexsite processes personal data relating to the customer’s website visitors as part of the service (e.g. via Google Analytics), this constitutes processing on behalf of the controller in accordance with Article 28 of the GDPR. A corresponding data processing agreement (DPA) will be drawn up separately upon request.

§ 10 Confidentiality

  1. Both parties undertake to treat as confidential all confidential information of the other party obtained in the course of the contractual relationship and not to disclose it to third parties.
  2. Nexsite is entitled to use the customer’s Nexsite website as a reference in its own portfolio, on its own website and in marketing materials, unless the customer expressly objects.

§ 11 Final Provisions

  1. Austrian law shall apply, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Graz, Austria, provided that the customer is a business operator within the meaning of Section 1 of the Austrian Commercial Code (UGB).
  3. Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.
  4. Any ancillary agreements, amendments and additions must be made in writing. This also applies to the waiver of this written form requirement.

Contact & Provider

Nexene GmbH
Grazer Straße 34, Top 4.2
Gleisdorf, Österreich
E-Mail: office@nexene.at
Web: nexene.at