Terms and Conditions

Impressum

1.1. Indie Sites is a product of SkunkWerks, GmbH 

SkunkWerks GmbH
Address:
  Naufahrtweg 153
  Vienna
  1220 Austria

email:  info@skunkwerks.at
Geschäftsführung: Dave COTTLEHUBER
VAT ID / Steuernummer: ATU70126204
Import/Export Number EORI: ATEOS1000080576
Registry Number / Firmenbuch: 410811i
Registry Court / Handelsgericht: Vienna, Austria
Copyright SkunkWerks GmbH: 2020-2025

A. General Information

1. Contractual Basis

1.1. All services of SkunkWerks GmbH, Naufahrtweg 153, Vienna 1220, an Austrian company registered under FN 410811i Handelsgericht: Wien -- hereinafter "SkunkWerks" -- are rendered exclusively on the basis of (i) these Terms and Conditions, (ii) the information published on SkunkWerks's website, and (iii) any additional terms referenced herein (collectively the "Agreement").
1.2. Customer terms or individual covenants are valid only if SkunkWerks has accepted them in writing (§ 886 Allgemeine bürgerliche Gesetzbuch - ABGB).
1.3. SkunkWerks may amend these Terms, the Domain Registration Agreement, any other terms or price lists at any time. Amendments will be notified by e‑mail or, if disproportionate, by other suitable means. The customer may object in writing within 14 days; failing objection, the amendments become part of the Agreement. Changes to the Privacy Policy take effect upon publication.
1.4. The customer must download and archive the current Terms and all relevant annexes; SkunkWerks maintains an up‑to‑date version on its website.
1.5. The customer shall keep complete and correct contact data in the user account. SkunkWerks may verify such data and may suspend the account if data prove false or incomplete.
1.6. The customer consents to SkunkWerks delivering all legally relevant notices by e‑mail and therefore undertakes to keep the stored e‑mail address current and to check it regularly. SkunkWerks is not liable for unread messages sent to that address.
1.7. By placing an order or performing electronic actions, the customer confirms proper authority to act and accepts these Terms, the contractual provisions, the Privacy Policy and all Domain Registration Agreements in full.
1.8. If the customer orders for a third party, they remains SkunkWerks's sole contractual partner and must bind the third party to the same obligations, forwarding these Terms accordingly.

2. Contract Formation

2.1. The SkunkWerks webpages constitute an invitation to submit contractual offers. Contents may change without notice. A contract arises only by SkunkWerks's written or electronic confirmation or by performance of the service. Merely using the website or receiving an automatic order‑acknowledgement does not form a contract.
2.2. If an order can be fulfilled only in part, the customer accepts partial performance.
2.3. The subject‑matter and scope of each service follow from the specific agreements.
2.4. The customer shall check SkunkWerks's order confirmation immediately and report any discrepancies without delay.
2.5. Right of withdrawal (consumers): Under § 11 Fern‑ und Auswärtsgeschäfte‑Gesetz (FAGG) Austrian consumers may withdraw within 14 days except for personalised services or services begun -- at the consumer's express request -- during the withdrawal period (§ 18 FAGG). Registration of a customer‑chosen domain name is such a personalised service. Details are contained in SkunkWerks's Withdrawal Information.

3. Domain and Hosting Services

3.1. For the use of services relating to the registration or management of domain names, our registration and management terms for domain names (Domain Registration Agreement, see Provision C) additionally apply as well as, if applicable, the registration requirements of ICANN and the respective registries which shall be considered part of the agreement.
3.2. For the use of hosting or email services, the hosting service terms of SkunkWerks additionally apply and shall be considered part of the agreement.

4. Duration of Contract & Termination

4.1. Unless otherwise agreed, each service has a standard term of 12 months.
Contract Type Renewal Rule Ordinary Notice Period
Term ≥ 12 months Renews for 12 months 3 months before expiry
Term < 12 months Renews by its minimum term 1 month before expiry
4.2. Services currently offered free of charge may be discontinued or converted to paid services at any time after prior notice; customers receive an extraordinary termination right.
4.3. Renewal reminders and automatic charges:

a. Plans ≥ 12 months: SkunkWerks will e‑mail a renewal reminder at least 30 days before the renewal date, stating the renewal price (if changed) and how to cancel.

b. Plans <12 months: reminder is sent 7 days before renewal.

c. The Customer's chosen payment method stored with Mollie B.V. will be debited automatically on the renewal date. A receipt is e‑mailed immediately after each successful charge.

4.4. Either party may terminate for cause. Important reasons for SkunkWerks include, in particular, if the customer:

a. is one monthly fee in arrears on a fixed‑term contract;

b. is more than 20 calendar days in arrears on an open‑ended contract;

c. culpably breaches contractual duties or these Terms;

d. infringes third‑party rights using the service;

e. after warning, fails in due time to adjust usage to comply with the Terms; or

f. culpably or negligently violates registry policies.

In such cases the customer forfeits all rights to the service.

4.5. Upon premature termination no pro‑rata refund is granted unless the termination results solely from SkunkWerks's wilful or grossly negligent breach. The same rule applies to ancillary services and to terminations due to binding dispute‑resolution decisions.
4.6. Termination notices must be in writing; for contracts concluded from 25 May 2018 onward, text form (e‑mail) suffices.

5. Prices & Taxes

5.1 Currency & VAT

All prices are shown in euro (EUR).

  • EU B2B Reverse‑charge applies if a valid VAT‑ID is provided.
  • EU B2C VAT is charged via the One‑Stop‑Shop (OSS) at the customer's member‑state rate.
  • Outside the EU Prices are net; import taxes and duties are the customer's responsibility.

5.2 Publication & Changes

Prices are published on the SkunkWerks website and may change at any time. The price that appears at check‑out, on the renewal reminder (cl 4.3) or at the time an upgrade/downgrade is ordered is the binding price for that transaction.

5.3 Surcharges prohibited

No surcharge is applied for any particular payment method beyond SkunkWerks's direct costs (§ 27 Zahlungsdienstegesetz 2018).

6. Payment Processing, Billing & Refunds

6.1 Processor

All payments are handled by Mollie B.V.; payment credentials never reach SkunkWerks's servers.

6.2 Accepted methods

Credit/debit card, SEPA direct debit, PayPal, iDEAL and other options displayed at check‑out.

6.3 Recurring debits & authorisation

The Customer authorises Mollie to debit the chosen method automatically at each billing interval until the subscription ends.

6.4 Free trials

If offered, the trial term and limits are shown at sign‑up. Unless cancelled before expiry, the plan converts automatically to paid and the first fee is charged. SkunkWerks e‑mails a reminder at least 48 hours before conversion.

6.5 Upgrades / Downgrades

Upgrade: higher fee is charged pro‑rata for the rest of the current cycle; Downgrade: lower fee takes effect at the next renewal; no partial refund of unused premium time.

6.6 Failed payments & chargebacks

If a debit fails, Mollie retries up to three times over seven days. While sums remain outstanding SkunkWerks may suspend the service. Unresolved chargebacks may lead to termination for cause (cl 4).

6.7 Interest & collection costs

Statutory default‑interest rules apply once Mollie's retry window lapses. Reminder and chargeback fees are invoiced by SkunkWerks after notification from Mollie.

6.8 Invoices

PDF invoices are provided in the dashboard and e‑mailed.

6.9 Refund policy

Refunds are granted only where mandatory law so requires or if a verified technical failure prevented access; requests must be lodged within 14 days of the transaction.

7. Liability

7.1. The customer shall defend, indemnify and hold harmless SkunkWerks, its agents, partners, ICANN, the relevant registry and all persons involved in service provision from all claims and costs arising from illegal use of the service, the registered domain name or hosted content. The customer may prove that liability did not arise or is lower than claimed.
7.2. Neither SkunkWerks nor the aforementioned parties are liable for direct or indirect losses caused by force majeure or circumstances beyond SkunkWerks's reasonable control. SkunkWerks may postpone or limit services for the duration of such events.
7.3. Liability cap:

• Paid services -- intent and gross negligence only; capped at the fee paid for the relevant service period.

• Free services -- minor negligence only; capped at EUR 25 per incident and EUR 100 in total.

• In all other cases SkunkWerks is liable only for typical, foreseeable damage at the time of contract conclusion.

7.4. The customer shall keep passwords secret, notify SkunkWerks of any breach, and is liable for all actions performed through his credentials. SkunkWerks may suspend an account if misuse is suspected.
7.5. Where the customer permits use by, or resells to, third parties, they are liable for their breaches and shall fully indemnify SkunkWerks.

8. Data Protection

8.1. Processing of the customer's personal data is necessary to perform the Agreement and is carried out in accordance with the General Data Protection Regulation (GDPR) and Austrian data‑protection law. Details are set out in SkunkWerks's Privacy Policy, which forms part of these Terms.

9. Final Clauses

9.1. Amendments, supplements or cancellations must be in text form; oral agreements are invalid.
9.2. For business customers and legal entities, and for customers without a habitual residence in the EU, Vienna, Austria is the exclusive place of jurisdiction and performance.
9.3. The Agreement is governed solely by Austrian law; the UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
9.4. If any provision of these Terms is or becomes invalid or unenforceable, the remainder shall remain in force. The invalid provision shall be replaced by a valid one that most closely reflects the original economic intent.

B. Additional / Divergent Provisions for B2C Customers

Topic B2C Rule (overrides conflicting B2B clause)
Right of Withdrawal 14‑day right per § 11 FAGG. If service starts during the withdrawal period at the consumer's express request, customer pays pro‑rata for days used.
Free Trials SkunkWerks must obtain explicit consent to end the withdrawal period when the paid service begins.
Auto‑Renewal Reminder Reminder sent 7 days (monthly) or 14 days (annual) before renewal, with one‑click cancellation.
Refunds After Cancellation If cancelled for non‑conformity under Directive (EU) 2019/770, unused portion is refunded in full.
Charges for Payment Methods No surcharge beyond direct costs (§ 27 Zivildienstgesetz - ZDG 2018).
Liability Statutory Gewährleistung cannot be limited; consumer retains price‑reduction or termination rights for non‑conformity.
Dispute Resolution Consumers may use the EU Online Dispute Resolution (ODR) platform (Art. 14 ODR Regulation).

C. Domain Registration Agreement Provision

1. General

1.1. SkunkWerks (hereinafter "the Registrar") operates as an accredited Registrar and/or reseller. In providing registration and management services, it mediates between the Customer and the relevant registries.
1.2. The Registrar operates as an accredited the Registrar and/or reseller. In providing registration and management services, the Registrar merely mediates between the Customer and the relevant domain name registries. The Registrar has no control over, and therefore gives no warranty regarding, the availability of a domain name or the absence of third‑party rights.
1.3. Top‑level domains ("TLDs") are administered by various national or private organisations ("Registries") under the coordination of ICANN. Each Registry and ICANN maintain their own registration terms, policies and dispute‑resolution procedures ("Policies"). By requesting a domain action, the Customer confirms knowledge and acceptance of the applicable Policies, which form an integral part of this agreement. Current versions are linked on the Registrar's website.
1.4. Policies and statutory requirements may change. The Registrar will highlight material changes in a newsletter or comparable electronic notice. The Customer undertakes to keep informed and either comply with new rules or delete the affected domain names.
1.5. A domain may be suspended, deleted or transferred if required by ICANN, the Registry or binding legal or arbitral decision. The Customer expressly agrees to such measures where they correct registration errors, resolve disputes or remedy policy breaches.
1.6. If the Registrar loses its accreditation or can no longer manage a TLD, it may extraordinarily terminate this agreement with 14 days' notice to month‑end. As designated agent, the Registrar is authorised to perform any transaction required to ensure continued domain administration, including transfer to another the Registrar.

2. Registration and Transfers of Domain Names

2.1. By submitting a domain registration or transfer request, the Customer authorises the Registrar to transmit all relevant data to the Registry and to correct errors. The Registrar may decline any request without stating reasons (§ 915 ABGB).
2.2. The Customer guarantees that the requested domain and its use (a) do not infringe third‑party rights, (b) are lawful, (c) observe good morals, (d) comply with Registry Policies, and (e) are requested with proper authority. The Registrar is under no obligation to verify these assurances.
2.3. Registries generally allocate domains on a "first‑come, first‑served" basis. The Registrar gives no guarantee of allocation. Registration terms range from one to ten years depending on the TLD.
2.4. A transfer request confirms the Customer's authority over the domain. Post‑transfer, the Customer must verify the Whois data and correct inaccuracies without delay (§ 18 ECG).
2.5. Internationalised Domain Names (IDNs) and new gTLDs may be subject to technical or policy changes. The Registrar cannot guarantee their continued operability.
2.6. The Customer expressly requests immediate performance (§ 10 Fern‑ und Auswärtsgeschäfte‑Gesetz (FAGG)). As domain services are customised, the statutory withdrawal right for consumers (§ 18 (1) 4 FAGG) is excluded.

3. Premium and Aftermarket Domain Names

3.1. Registries may classify certain names as "Premium". Special fees apply for registration, renewal or transfer and override standard pricing. Erroneous fee displays entitle the Registrar to rescind the transaction and refund fees, or to uphold it if the Customer pays the difference. The Registrar will notify the Customer if a domain's status changes to Premium.
3.2. The Registrar may facilitate aftermarket purchases. Such domains are already registered. Completion depends on transfer success and seller authority. The Registrar may cancel and refund (credit) unsuccessful orders. In case of payment reversal, the Registrar may retransfer or assume ownership of the domain.

4. Domain Owner Data

4.1. The Customer must provide and maintain accurate registration data as required by the Registry and ICANN, including:
  • name or company, postal address, e‑mail and phone;
  • names and IPs of name servers;
  • details of administrative, technical and billing contacts.
4.2. Providing false or outdated data may lead to suspension or deletion without refund (§ 1295 ABGB). When supplying third‑party data, the Customer confirms the third party's informed consent (Art. 6 General Data Protection Regulation (GDPR)).

5. Renewals of Registration

5.1. Domains may be renewed for one to ten years within Registry limits. Unless otherwise agreed, the contract renews for 12 months unless cancelled three months before expiry. Fees valid on the renewal date apply. The Registrar will attempt to charge stored payment methods 45 days before expiry. The Customer bears responsibility for timely payment.

6. Termination of the Management

6.1. If renewal fees are not settled three days before expiry or are reversed, rights to the domain lapse. The Registrar may deactivate, delete or monetise expired domains 14 days after expiry. The Registrar may, at its discretion, share net proceeds; the Customer has no legal claim thereto.
6.2. Transfers may be refused in the cases permitted by the Registry or ICANN (e.g., within 60 days of prior transfer or change of holder).

7. Recovery and Reactivation of Domain Names

7.1. If the Registry offers restore of deleted domains, the Registrar may provide this service without warranty and against the fees listed at that time (plus renewal). Reactivation of deactivated domains incurs reactivation and renewal fees.

8. Domain Dispute Policy

8.1. Disputes are governed by the applicable ICANN or Registry dispute policies (e.g., Uniform Domain-Name Dispute-Resolution Policy (UDRP), Uniform Rapid Suspension (URS)). The Registrar will implement Administrative Panel decisions unless the Customer files suit in a court of competent jurisdiction within ten days. Registrants submit to the courts of their domicile and of Vienna (§ 104 Jurisdiktionsnorm (JN)).

9. Special Liability

9.1. The Registrar is liable for intentional and grossly negligent damage. For slight negligence, liability is limited to typical, foreseeable damage; in contracts with consumers this does not affect statutory warranty (Gewährleistung, §§ 922 ff ABGB). For free services, liability for slight negligence is limited to EUR 25 per incident and EUR 100 in aggregate.