MK-i Workflow Automations Workflow & Process Automation
← Home

General Terms and Conditions (T&C)

1. Scope

These General Terms and Conditions apply to all contracts between MK-i Workflow Automations GmbH in Gründung (hereinafter "MK-i") and its customers in the field of workflow automations, website redesign, automated website audits, data deliveries (lead sales, § 8) and related consulting, marketing and implementation services. All services of MK-i, including the free, non-binding analysis and demo services (§ 7), are offered exclusively to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code (UGB) (B2B). Whoever requests a website audit or a redesign draft confirms doing so on behalf of a business.

2. Conclusion of Contract

A contract is concluded by written acceptance of an offer, by signing an offer in paper form or PDF with electronic signature, or by written commissioning via e-mail. A commissioning by e-mail becomes binding only upon written confirmation by MK-i. The use of free analysis or demo services (§ 7) does not establish a paid contractual relationship. These terms are provided to the customer before the contract is concluded and are deemed agreed upon commissioning; they are available at any time at mk-i.net/agb_en.html.

3. Services

MK-i provides in particular the following services:

Service times and scope are agreed individually.

4. Prices and Payment Terms

5. Performance Period

Performance deadlines are only binding if expressly agreed in writing. Otherwise, services are rendered as agreed.

The customer provides the information, access, content and approvals required for the service in good time. If the customer's cooperation is delayed, agreed deadlines are postponed accordingly.

Events beyond MK-i's control, in particular failures of third-party providers, network or power outages or official orders, extend performance deadlines by the duration of the disruption.

6. Rights of Use

Workflows: Workflows created by MK-i become the full property of the customer if they are operated on the customer's own hardware or infrastructure. If workflows are provided on MK-i servers (SaaS operation), MK-i reserves the right to reuse them or parts thereof for other projects or customers. This does not affect the customer's rights of use; the customer may use, reproduce and further distribute the workflows in their own operations without restriction.

Website redesign drafts: All content created in connection with a redesign request and presented via a preview URL, in particular HTML, CSS, JavaScript and the visual design, is the property of MK-i Workflow Automations and protected under the Austrian Copyright Act (UrhG) and the relevant EU directives. Reproduction, adoption, publication or any other use of the presented code or design, even in part, without written commissioning and full payment is expressly prohibited. MK-i reserves the right to employ automated procedures to detect unauthorised use of the presented code and design on the internet and to take legal action. Upon written commissioning and full payment, the customer receives an exclusive, perpetual right of use to the redesign draft for use on their own website. The customer may edit and further develop the draft and commission third parties to do so. MK-i retains only the right to use screenshots of the home page (before/after) for advertising and reference purposes.

Audit reports: The audit report sent to the requester is intended for their own use. Publication of one's own findings is permitted. MK-i is entitled to use anonymised statistics (e.g. industry averages, aggregated finding distributions) for marketing, research and product improvement purposes.

7. Free Analysis and Demo Services

MK-i offers certain services free of charge and without obligation, in particular automated website audits (websitecheck.mk-i.net) and redesign demos (redesign.mk-i.net). For these, the following applies in addition:

8. Data Deliveries (Lead Sales)

  1. Upon order, MK-i supplies researched, verified data records of Austrian businesses with documented website findings ("leads"). Every finding is confirmed against the business's website in a dedicated verification step before delivery; only confirmed findings are delivered. Leads are researched prospects; appointments, closings or any buying intent of the listed businesses are not warranted.
  2. A lead (domain including its findings) is sold only once and will not be delivered to other buyers again.
  3. Use is limited to the buyer's own sales activities. Resale and transfer to third parties are prohibited. Delivered records must be deleted upon request of MK-i or of an affected business.
  4. The records consist of publicly listed business contact details. Upon delivery the buyer becomes the data controller within the meaning of the GDPR; the information duties under Art. 14 GDPR rest with the buyer.
  5. Lawfulness, form and channel of approaching the listed businesses are governed by the law applicable to the buyer (in particular cold-outreach, unfair-competition and telecommunications rules; in Austria sec. 174 TKG 2021). Responsibility and liability for this rest exclusively with the buyer.
  6. Payment: payment in advance; the delivery is sent after receipt of payment. In an established business relationship, from the third delivery onward, delivery and invoice are sent together, payable within 14 days without deduction. Means of payment and payment details follow from the reply to the enquiry and from the invoice, the minimum order quantity from the price sheet.
  7. Success-fee model: buyers based in Austria may agree, per delivery, on a success-fee model: price per lead according to the price matrix plus a one-off closing fee of EUR 100 per customer won from a delivered lead, attribution window 12 months from delivery. The buyer reports customers won from delivered leads monthly; MK-i may check the websites of delivered businesses for an engagement of the buyer.
  8. Currency of findings: every delivered finding is re-checked on the day of delivery and is delivered only if it exists at that time. Details taken from the Google Business Profile are at most 30 days old at the time of delivery. Every finding carries a finding ID and the time of the check in the delivery file.
  9. Incorrect finding: a finding is incorrect solely if the delivered finding demonstrably did not exist at the time of the check, if the domain was unreachable at the time of delivery, or if the delivered contact details were demonstrably invalid. Not incorrect are in particular a lack of interest, appointment or budget on the part of the business, a defect fixed after delivery, a domain shut down after delivery, and a business already known to the buyer; this sales risk rests with the buyer.
  10. Goodwill buffer: every delivery contains, in addition to the ordered quantity, ten percent further records, rounded up, at least one record. These additional records are not charged and serve as a goodwill buffer for possible incorrect findings. Beyond this buffer no further records are delivered; point 12 governs how accepted incorrect findings are settled beyond it.
  11. Notification period: incorrect findings must be reported within 14 days of delivery by email to [email protected], per record stating the domain, the finding ID from the delivery file and the disputed finding. Reports without these details are deemed not made until the details are supplied; after the period, no re-check or replacement is owed.
  12. Check and replacement: MK-i checks every report within five working days against the documentation of the finding stored at the time of the check (evidence, screenshot, time of check) and against the business's website. If the finding demonstrably existed at the time of the check, the delivery stands and the buyer receives the documentation. An accepted incorrect finding is set off against the goodwill buffer of the respective delivery and is replaced primarily by delivery of an equivalent record (same priority, same region). If the buffer is exhausted or no equivalent record is available, MK-i credits the price of the record concerned. A disputed replacement record counts against the same buffer. No further claims arise from an incorrect finding.
  13. Order of precedence: prices and selection are governed by the price sheets provided to the buyer with the reply to the enquiry; in all other respects these terms apply, which accompany the reply and every invoice as a PDF and are deemed agreed with the order. In case of conflict these terms prevail; a provision of the price sheet that fills in or specifies these terms is not a conflict.

9. Liability

MK-i is liable only for damages caused by intent or gross negligence. Liability for indirect damages, consequential damages or lost profits is excluded. The maximum liability is limited to the order amount of the respective project, for data deliveries (§ 8) to the invoice amount of the respective delivery. These limits do not apply in case of intent or to damages for which a limitation is excluded by law. For free analysis and demo services (§ 7), MK-i is liable only in case of intent and for personal injury.

10. Warranty

The statutory warranty provisions apply to defects. MK-i remedies defects at its own discretion by improvement or replacement. If the remedy fails, is refused, or is impossible or unreasonable, the customer may demand a price reduction or, in the case of defects that are not minor, rescission of the contract.

11. Confidentiality

Both contracting parties undertake to treat all information about operational and business secrets obtained in the course of cooperation as confidential. This obligation continues after termination of the contract.

12. Applicable Law and Place of Jurisdiction

Austrian law applies exclusively, excluding the conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is the court with subject-matter and territorial jurisdiction for the registered office of MK-i.

13. Severability Clause

Should individual provisions of these T&C be invalid or unenforceable, the validity of the remaining provisions remains unaffected. In place of the invalid provision, a regulation that comes closest to the economic purpose shall be deemed agreed.

Version: 2026-09-07