§ 1 Scopeand Validity of the Agreement
All orders and agreements are legally binding only if confirmed in writing by the Contractor. They apply only to the extent of the services specified in the order confirmation. The Client’s terms and conditions of purchase are expressly excluded. The Contractor’s offers are subject to change without notice.
These Terms and Conditions apply to all services in the areas of cybersecurity and software development.
§ 2 Servicesand Obligations to Cooperate
2.1 Cybersecurity Services
- Conducting penetration tests
- Vulnerability assessments and security audits
- Incident Response and Support for Security Incidents
- Development and implementation of IT security strategies
- Consulting on IT security strategies, data protection, and compliance
- Conducting training sessions and awareness campaigns
- Managed Security Services (e.g., monitoring, log management)
2.1 Software Development Services
- Custom software development and program customization
- Delivery of Standard Software and License Management
- Development of concepts and documentation
- Integration and Interface Development
- Maintenance, further development, and support for existing software
2.2 Client’s Obligations to Cooperate
- Provide all necessary documents, access credentials, test environments, and data in a timely and complete manner.
- To ensure that the content provided is legally permissible.
- To ensure that data is backed up on one's own responsibility.
2.3 Custom-developed software: The basis for this is a written, approved statement of work. Upon delivery, the software must be accepted within four weeks. After this period has expired, the software is deemed accepted unless any material defects have been reported.
2.4 Penetration Tests and Vulnerability Assessments: The Client confirms that all systems to be tested have been approved. Test results will be treated as confidential and made available exclusively to the Client.
2.5 Incident Response: Carried out in accordance with the agreed measures. The Client shall ensure that emergency plans are in place.
2.6 Training sessions: These will be arranged on a case-by-case basis. The client is responsible for providing the participants and the necessary technical infrastructure.
If, during the course of providing the service, it is determined that the agreed-upon service cannot be performed due to technical or legal obstacles, the Contractor shall notify the Client immediately.
§ 3 Pricesand Terms of Payment
All prices are in euros and do not include sales tax. Additional costs (e.g., for travel expenses, test environments, or specialized software) will be billed separately.
Services are billed based on actual time and materials, unless a fixed price has been agreed upon.
Invoices must be paid in full within 14 days of receipt. In the event of late payment, late payment interest will be charged in accordance with § 456 of the Austrian Commercial Code (9.2% above the base rate).
§ 4 Confidentialityand Data Protection
The Contractor agrees to treat all information disclosed during the course of the collaboration as confidential.
The Client shall ensure that all data transmitted complies with applicable data protection regulations. The Contractor shall not be liable for any data protection violations resulting from insufficient cooperation or instructions provided by the Client.
The contractor complies with the requirements of the GDPR and also requires its employees to maintain confidentiality and protect data.
§ 5 Liability
The Contractor shall be liable only for damages caused by gross negligence or willful misconduct. Liability for lost profits, data loss, business interruptions, or consequential damages is excluded, unless required by mandatory statutory provisions.
In the case of penetration tests and vulnerability assessments, the contractor shall not be liable for any damages resulting from existing vulnerabilities or security breaches.
The contractor's liability is limited to typical, foreseeable damages and is capped at 15,000 euros per claim.
§ 6 Copyrightand Use
Upon full payment, the Client shall receive a non-exclusive, non-transferable right to use the deliverables (e.g., software, reports). All other rights remain with the Contractor.
The results of the work may not be reproduced, published, or disclosed to third parties without the contractor’s consent.
§ 7 Right of Withdrawal
The client may terminate the contract if the contractor fails to fulfill material contractual obligations despite being granted a reasonable grace period.
Force majeure (e.g., natural disasters, cyberattacks, government orders) releases the contractor from its obligation to perform.
§ 8Final Provisions
These Terms and Conditions are governed by Austrian law. The place of jurisdiction is the Contractor’s place of business.
If any provision of these Terms and Conditions is invalid, the validity of the remaining provisions shall remain unaffected.
