Applies to all services in the areas of cybersecurity and software development.
All orders and agreements are legally binding only if confirmed in writing by the Contractor. They apply only to the scope of 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.
Cybersecurity Services
Software Development Services
The basis for this is a written, approved statement of work. Upon delivery, the software will be accepted within four weeks. Once this period has expired, the software is deemed accepted unless any material defects have been reported.
The client confirms that all systems to be tested have been approved. Test results will be treated confidentially and made available exclusively to the client.
This is carried out as part of the agreed-upon measures. The client ensures that emergency plans are in place.
These will be arranged on a case-by-case basis. The client is responsible for providing the participants and the technical infrastructure.
If, in the course of providing the service, it is determined that the agreed-upon service is not possible due to technical or legal obstacles, the Contractor shall notify the Client immediately.
All prices are in euros and do not include sales tax. Additional costs, such as travel expenses, test environments, or specialized software, will be billed separately.
Services are billed based on actual time and effort, 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 at a rate of 9.2 percent above the base interest rate, in accordance with § 456 of the Austrian Commercial Code (UGB).
The Contractor agrees to treat as confidential all information that becomes known to it in the course of the collaboration.
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 attributable to insufficient cooperation or instructions from the Client.
The contractor complies with the requirements of the GDPR and also requires its employees to maintain confidentiality and protect data.
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 is not liable for damages resulting from existing vulnerabilities or security gaps.
Upon full payment, the Client shall receive a non-exclusive, non-transferable right to use the deliverables, such as software and reports. All other rights shall remain with the Contractor.
The results of the work may not be reproduced, published, or disclosed to third parties without the contractor's consent.
The client may terminate the contract if the contractor fails to fulfill material contractual obligations despite being granted a reasonable grace period.
Force majeure, such as natural disasters, cyberattacks, or government orders, releases the contractor from its obligation to perform.
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.
