General Terms and Conditions

1.1. These terms govern the agreed photography, 360-degree capture, drone photography and video, sensor-based digital capture of buildings, processing of spatial data, point clouds, 2D and 3D as-built data products, BIM deliverables and any separately ordered hosting. The contracting company is Beyond Engineering Works GmbH, Hadikgasse 64, 1140 Vienna, Austria, registered as FN 644840 w at the Commercial Court of Vienna. DUPLEX is its trading brand.

1.2. The individual order summary, the product information shown in the calculator before the order, and any individual written agreement describe the agreed deliverables and rank ahead of these Terms to the extent legally permissible. Mandatory rights of consumers remain unaffected.

1.3. Online booking is open to business customers ordering for their business only. Consumers receive a separate quotation, to which the mandatory consumer provisions including the withdrawal information apply. A consumer is a customer contracting for purposes predominantly outside their business or profession; the absence of a VAT identification number does not turn a business customer into a consumer.

1.4. The legal nature of an activity depends on what is actually done. Professional surveying, technical measurement or planning tasks that require a specific authorisation are not offered as unauthorised own professional services. The order summary identifies any separately commissioned authorised specialist contribution. Survey control points alone do not constitute professional certification of an entire point cloud or BIM model.

2.1. DUPLEX supplies only the products selected in the confirmed order, with the characteristics, formats and intended uses that follow from the order summary and from the product information shown in the calculator before the order. Each capture data set (360°, Air or Scan) may require a separate visit and capture. The calculation of capture and add-on fees is shown before ordering.

2.2. DUPLEX owes the professional creation of the agreed digital as-built data, including their specifically agreed geometric properties. Unless separately commissioned, DUPLEX does not owe independent structural or architectural design, structural calculations, official surveying, government-approved plans or administrative certification. The product information states the specific products, formats, objective quality criteria and agreed purposes.

2.3. Products expressly marked as visual and non-metric (such as virtual tours, dollhouse, Gaussian splats, schematic floor layouts, still images and video) are intended for visual presentation and not as a technical measurement or design basis. Point clouds and 2D/BIM as-built data contain geometric information and must meet their agreed quality. They are not thereby certified for design, structural engineering, construction execution or submission to authorities. Use for such purposes requires case-specific suitability verification by an appropriately authorised professional.

2.4. Manufacturer specifications, including the NavVis MLX manufacturer statement of 5 mm in a dedicated 500 m² test environment, describe only the stated test setting and do not guarantee identical accuracy at a specific site. The agreed quality requirements and the individual capture report, including the controls and known limitations, remain decisive.

2.5. Inaccessible rooms, occluded areas, glazing, reflective surfaces and unavoidable gaps will be specifically documented where identifiable. Such limitations do not, by themselves, amount to a defect only to the extent they are compatible with the agreed services and their objectively expected quality; mandatory customer remedies remain unaffected.

3.1. The amounts shown in the calculator are non-binding cost estimates based on the customer’s own statements and the services selected; their accuracy is not warranted. The final settlement follows the services ordered and the chargeable area under clause 3.4. The price rates applied when the contract was concluded remain unchanged; the price is not altered unilaterally after the event but finally determined using those rates. All amounts shown in the calculator are net and exclusive of VAT.

3.2. Prices depend on location, building gross floor area, selected products, data-set charges, dates, travelling and clearly itemised applicable surcharges and third-party services. The effect of multiple surcharges must be visible before the order is submitted.

3.3. If no automatic price can be reliably determined – in particular for areas below 20 or above 15,000 m², distances exceeding 700 km, unresolved addresses or specified exceptional aviation and overseas scenarios – submission of an enquiry does not constitute a paid order; DUPLEX will provide a separately accepted quotation.

3.4. The chargeable area is the gross floor area determined after capture and registration in accordance with ÖNORM B 1800; it is stated floor by floor in the capture report so the customer can verify it. Where the services booked produce no capture suitable for determining the area, the area stated by the customer remains the chargeable area. Where the chargeable area determined after capture differs from the area stated by no more than 10%, the amount shown for it stays unchanged. Where the difference is larger, the item is recalculated in either direction from the actual chargeable area using the price rates applied when the contract was concluded; any reduction is limited by the minimum prices of the items concerned. Where the estimate is considerably exceeded, DUPLEX notifies the customer without delay as soon as this becomes apparent and holds any outstanding work until the matter is settled. The customer may agree to the adjusted fee or withdraw from the contract under section 1170a(2) of the Austrian Civil Code against reasonable payment for the work performed up to that point. On withdrawal, the data produced up to that point is handed over to the extent corresponding to the work paid for; data products not yet produced are not owed. Statutory rights remain unaffected.

3.5. Repeat orders from the same captured data set are possible without a further on-site visit, provided the underlying data is still stored, technically usable and legally available. Repeat orders placed within 90 days of first completion are charged at the price level of the original booking for the add-on concerned; later repeat orders are charged at the current price shown before that order. Additional capture work and specialist review beyond the original order are quoted separately.

4.1. A display on the online calculator is an invitation for the customer to make an offer and is not an offer that DUPLEX is bound to accept.

4.2. By selecting the final button labelled "Zahlungspflichtig buchen" ("Book with obligation to pay"), the customer makes an offer for the products and total price displayed. Any immediate automated receipt message acknowledges receipt only, not acceptance.

4.3. A contract is entered into only when DUPLEX sends a separate email expressly headed "Buchung verbindlich bestätigt" ("Booking contractually confirmed"). This acceptance can be generated automatically after appropriate validation. A first receipt screen must not incorrectly state that a date is finally confirmed.

4.4. If the order is not accepted within 24 hours, it ceases to bind the customer. Special aviation approval conditions are explained in section 7; an independent obligation to pay must never be imposed without the required mutual agreement.

4.5. Where the customer is a consumer, DUPLEX will send the agreed terms, order details, mandatory pre-contract information and relevant cancellation information on a durable medium: the acceptance email carries the withdrawal instructions and the model form in full, and the order confirmation with all services and prices is attached to it as a PDF.

5.1. The customer must arrange lawful and safe access and any necessary property-owner, occupier or other third-party authorisations. Customers must notify persons affected by the work as appropriate; they must provide a reachable site contact and accurate information about the property.

5.2. Customers must identify known security risks, sensitive areas, restricted access, special data protection needs and any flight restrictions they are aware of.

5.3. DUPLEX may suspend affected work where performing it would be unsafe or apparently unlawful. Financial consequences depend on applicable law and the causes actually attributable to each party; no automatic 100% fee follows from a customer representation.

5.4. A customer statement about third-party permissions does not override privacy rights or the rights of individuals not party to the contract. Statutory compensation rights in cases of fault remain applicable.

6.1. A consumer’s mandatory statutory right of withdrawal takes precedence over these rescheduling rules. DUPLEX does not apply contractual cancellation fees to the valid exercise of that right; a statutory proportionate payment for early-start services may nevertheless be due where all conditions of section 16 of the Austrian FAGG are met.

6.2. As a voluntary commercial benefit, DUPLEX allows the customer to cancel or move an appointment without charge if the request is received at least seven full calendar days before the agreed appointment, without shortening any statutory withdrawal rights.

6.3. If a customer cancels outside any applicable statutory right of withdrawal, or prevents an agreed work from being carried out, any compensation is determined according to the relevant mandatory law, in particular section 1168 of the Austrian Civil Code (ABGB) for contracts for work, allowing for expenses saved and income earned or reasonably obtainable elsewhere.

6.4. No flat cancellation fee is agreed. Claims after a late cancellation follow clause 6.3 alone.

6.5. If an agreed area is inaccessible at the agreed time for reasons attributable to the customer, DUPLEX captures what is accessible, records the gap in the capture report and charges the area actually captured. A further visit for the missing part comes about only on the basis of a separate offer, which DUPLEX makes before carrying it out and which the customer expressly accepts; no hourly rate is agreed in advance. Work already paid for is not charged a second time, and saved expenses are taken into account.

7.1. Air operations are subject to the qualifications, registration, mandatory insurance, consents, permits and airspace authorisations legally required for the specific operator, aircraft, location and date. A geozone flag alone is not evidence that an approval is necessarily required.

7.2. If a required authorisation is finally refused or an operation is legally prohibited, the affected Air element will not be performed. Subject to mandatory law and any culpable misrepresentation by the customer, the customer will not bear cancellation fees for that element. Independent other services may remain in place only where this was transparently agreed and is appropriate for the customer.

7.3. The amount for permit management is shown by type and reason before the contract is concluded; a permit that is not required is not charged merely because of a geozone flag. The amount shown is a non-binding estimate covering DUPLEX’s own processing and any authority fees; it is neither a flat rate nor a guaranteed fixed price. It is settled according to the processing actually required, at the price rates applied when the contract was concluded, plus the authority fees actually incurred; lower costs are passed on. If the estimate is likely to be exceeded considerably, DUPLEX informs the customer without delay and obtains their consent to the adjusted amount before filing the application; without that consent the affected Air element is cancelled at no cost to the customer. If a permit is finally refused, fees not incurred and amounts charged for the Air service not performed are credited or refunded.

7.4. Unsafe weather or unexpected airspace restrictions may require a reasonable replacement date at no additional booking surcharge, with a preferred target of five working days where feasible. Mandatory delay, cancellation and consumer rights remain unaffected.

7.5. DUPLEX assesses the airspace and permit situation for the specific location and time individually after the contract is concluded; the geozone note in the calculator is an automated preliminary indication only. If that assessment shows that a permit quoted in the calculator is not required, the corresponding items are cancelled without replacement and any amounts already paid are credited or refunded. If it shows that a permit not quoted in the calculator is required, DUPLEX informs the customer without undue delay and in any case before filing the application, stating its type, the reason and the amount. The affected air component is subject to the customer's express consent; without that consent it is cancelled at no cost to the customer, while the remaining components stand in so far as they can be performed independently and this is reasonable for the customer. The agreed remuneration is not increased without the customer's prior express consent.

8.1. Professional georeferencing services, where ordered, are undertaken within the specifically described scope by an appropriately authorised specialist identified before contract formation. A control-point coordinate list is not the same as independent certification of an entire point cloud, measured plan or BIM model.

8.2. The order confirmation identifies exactly which entity owes and assumes responsibility for the specialist deliverables. Where authorised by Austrian trade law, a genuine overall project with a substantial duly authorised DUPLEX workshare may be contracted by DUPLEX under section 32(1)(9) GewO, with additional activities executed by competent authorised contractors. The qualification and professional scope of each partner must be verified.

8.3. If DUPLEX contracts to supply the result itself, statutory liability for persons it uses to discharge its obligations is not automatically excluded merely because a subcontractor is separately named or charged.

9.1. DUPLEX carries out the selected on-site capture on the confirmed date and processes the agreed data products to a professional standard. On the day of capture DUPLEX issues the invoice for the estimated amount, payable within 7 calendar days of receipt. Once processing is complete the customer receives a completion notice stating the chargeable area determined under clause 3.4; where that area differs, the item is settled under clause 3.4. The full export files or the agreed access are released once both conditions are met: the data is complete and payment has been received in full (clause 14.1). Continuous web publication is owed only as part of hosting under clause 11.

9.2. The binding period for processing and notice of completion, measured in business days after capture, will be specified before the order and confirmed in the contract acceptance. Full exports are released within two business days once the data is complete and payment has been received in full, whichever occurs later, subject to mandatory customer rights. Future standard timeframes may be changed for new contracts only.

9.3. A capture report describes the device/method, date, main operating conditions, known limitations, covered and uncovered areas and any agreed quality checks. This does not substitute for a quality standard or professional approval where one is contractually necessary.

9.4. DUPLEX informs customers if a delay occurs and provides a revised estimate. Statutory rights in case of delay remain unaffected.

10.1. One consolidated reasonable correction request concerning agreed deliverables is included if submitted within 30 days of availability (for example cropping, blurring or supported file adjustment). Additional new onsite captures or expanded products require a separately accepted order.

10.2. This service benefit and the 30-day voluntary support period do not shorten any statutory rights of conformity, remedy, update, warranty or damages. After that period, additional discretionary support is carried out only on agreement of the applicable hourly rate of €80 net for business customers, with a gross price stated to consumers.

10.3. Silence by a consumer after delivery does not amount to acceptance of defects or waiver of statutory rights. Reasonable business-customer inspection duties may be agreed separately where enforceable.

11.1. The creation price of the 360° tour includes one month of hosting from the moment it goes live. Access ends after that month. A chargeable continuation follows only from a separate agreement; the included month does not turn into an automatic paid subscription. Other hosted results follow the hosting plan selected. The selected hosting plan, monthly amount, start date, minimum duration if any, cancellation methods and included features are stated separately before ordering.

11.2. Continued hosting is charged at the agreed monthly price and may be cancelled at the end of the current billing month; the included month starts when the tour becomes usable for the customer, not on booking or capture. Unless a valid different term is expressly agreed, hosting runs indefinitely with monthly invoicing and may be cancelled at the end of a billing month. Separate law governing consumer digital services and, where applicable, cross-border subscriptions will be complied with.

11.3. Hosting is supplied with reasonable professional care, subject to scheduled maintenance and unavoidable technical interruptions. No quantified uptime percentage is promised. This does not exclude the obligation to provide the contracted service or mandatory remedies for significant failures.

11.4. DUPLEX does not reserve a unilateral general right to raise hosting prices in existing consumer contracts. Any adjustment must satisfy the strict applicable requirements, or a new plan may be offered with the customer’s express consent.

11.5. Once the hosting subscription terminates, public or ongoing viewer access ends. Where included in the tariff and technically feasible, exports are offered for 14 calendar days after termination, after which the corresponding hosting copy may be deleted following a further 30 days. Separate retention, backup, privacy and statutory archiving rules continue to apply.

12.1. Upon full payment, the customer receives, insofar as the underlying rights exist and may be licensed, a non-exclusive, worldwide and perpetual licence to use the purchased deliverables for their agreed purposes, including reasonable sharing with property owners, agents, prospective purchasers, designers and other instructed professionals and the processing necessary for those purposes.

12.2. Upon notice of completion, the customer is offered a reasonable means of checking conformity, such as secure preview, technical report or representative samples. This does not remove mandatory statutory remedies or lawful rights to withhold payment.

12.3. Raw captures, working files, intermediate models, algorithms, scripts and proprietary know-how are not included unless expressly ordered. Mandatory privacy and other applicable customer rights remain unaffected.

12.4. The use of any recordings, property photos or models as DUPLEX marketing references requires a separate, legally effective permission covering the specific intended use and respecting the rights and privacy of third parties.

13.1. Without ongoing hosting, DUPLEX keeps the source recordings and the result files of the order in live operation for six months from the final delivery. Within that period agreed corrections, a renewed delivery and repeat orders from the same data set are possible; the customer is advised to save the delivered results within that period.

13.2. After those six months the unredacted source recordings are deleted. The redacted result files are taken out of the production systems and moved into an archive that does not serve day-to-day operation; there is no entitlement to delivery from that archive and no promise of continuously available retrieval. Later retrieval is not promised. The customer may request deletion at any time unless a statutory retention obligation stands in the way.

13.3. Tax records, the documents needed to pursue or defend specific claims and statutory evidence are kept separately in line with the applicable legal obligations; the six-month rule above does not cover such documents. The details are in the privacy policy.

14.1. Online booking requires no payment during the order process and no card authorisation. On the day of capture DUPLEX issues the invoice for the estimated amount, payable within 7 calendar days of receipt. Where the chargeable area under clause 3.4 differs, the difference is settled in either direction; an additional amount is payable within 7 calendar days of receipt of the invoice and any credit balance is refunded. The full export files or the booked initial access are released within two working days once the data is complete and payment has been received in full. This payment sequence is shown expressly before the binding order. On an effective statutory withdrawal by a consumer from a separately issued quotation, the reimbursement and value-compensation rules of the FAGG apply, in particular section 16 FAGG. Statutory rights of retention remain unaffected.

14.2. Payment is made against the invoice: either by bank transfer to the account stated on it or through the Stripe payment link it contains. Late payment interest and reasonable collection costs are charged only to the extent permitted by applicable law, distinguishing consumers from business customers.

14.3. The VAT treatment of internationally supplied capture and property-related services depends on the character of the service and the location of the immovable property. Reverse charge is not automatically applicable to every business customer in another EU country. The invoice follows the properly determined place of supply and applicable national rules.

15.1. Statutory liability rules apply. DUPLEX does not exclude liability for personal injury, intent, gross negligence or other liability that cannot lawfully be excluded.

15.2. A purely visual product specifically sold without metric properties is not agreed for structural design or surveying use. This does not excuse a breach of its agreed description, false representations, any express promises or other legally actionable conduct.

15.3. Serious force majeure events, material unforeseen legal impediments or objectively unsafe operating conditions will be notified promptly, and the parties will seek a reasonable alternative. Statutory contractual, termination and damages rules remain applicable.

15.4. Any business-only liability cap must be separately reviewed against the actual insurance policy, foreseeability of loss and enforceability. These standard terms currently impose no general monetary liability cap.

16.1. Consumers entering into a qualifying distance contract usually have a statutory right of withdrawal for 14 days from contract formation. The details, the model withdrawal form and the electronic withdrawal function are available under “Withdrawal” in the footer of every page (duplex.immo/en/withdrawal) and are therefore reachable before the order is placed.

16.2. At the consumer’s express request, performance of a service can begin during that period. The right of withdrawal does not automatically terminate when onsite capture starts or ends; for an agreed service it ends only after full performance and satisfaction of the additional conditions under section 18(1)(1) FAGG. A proportionate statutory payment may be due upon earlier withdrawal under section 16 FAGG.

16.3. DUPLEX provides an online withdrawal facility marked "Vertrag widerrufen" ("Withdraw from contract") where section 13a FAGG applies. This is in addition to other lawful means of notifying withdrawal.

16.4. Separate supply of certain digital content without physical media is subject to a different statutory regime and requires product-specific terms and consents. Those rules are not applied automatically to a personal property-capture service.

17.1. Austrian law applies as far as legally permitted. This choice does not deprive consumers of mandatory protections applicable under the Rome I Regulation or other relevant mandatory rules.

17.2. As between business parties, courts in Vienna have jurisdiction to the extent permitted by law. For consumers, applicable mandatory jurisdiction rules, including the Brussels Ia Regulation, remain unaffected.

17.3. Where any term is ineffective, the relevant law applies. The remaining terms do not purport to validate prohibited standard terms by reducing them to the maximum enforceable extent.