1. Scope of contract and validity

1. 1 All orders and agreements are only legally binding if they are signed by the contractor in writing and in accordance with the company name and are only binding to the extent specified in the order confirmation. Purchasing conditions of the client are hereby excluded for the legal transaction in question and the entire business relationship. Offers are generally non-binding.

2. Performance and Examination

2. 1 The subject of an order can be:

- Development of organizational concepts

- Global and detailed analyses

- Creation of individual programs

- Delivery of library (standard) programs

- Acquisition of usage rights for software products

- Acquisition of work use permits

- Participation in commissioning (conversion support)

- Telephone consultation

- program maintenance

- Creation of program carriers

- Other services

2. 2 The development of individual organizational concepts and programs is carried out according to the type and scope of the binding information, documents and tools provided by the client. This also includes practice-oriented test data and test options to a sufficient extent, which the client makes available in a timely manner, during normal working hours and at his own expense. If the customer is already working on the system made available for the test in live operation, the responsibility for backing up the real data lies with the customer.

2. 3 The basis for the creation of individual programs is the written description of services, which the contractor prepares or compiles against a cost calculation on the basis of the documents and information made available to him. the client provides. This service description is to be checked by the customer for correctness and completeness and provided with his approval note. Requests for changes that occur later can lead to separate date and price agreements.

2. 4 Individually created software Program adaptations require a program acceptance for the program package concerned no later than four weeks after delivery by the client. This is confirmed in a log by the customer. (Check for correctness and completeness based on the service description accepted by the contractor using the under point 2. 2 test data provided). If the customer allows the period of four weeks to elapse without accepting the program, the software supplied shall be deemed to have been accepted as of the end date of the stated period. If the customer uses the software in live operation, the software is deemed to have been accepted in any case.

Any defects that occur, i.e. deviations from the service description agreed in writing, must be reported to the contractor with sufficient documentation by the client, who will endeavor to remedy the defect as quickly as possible. If there are significant defects reported in writing, i.e. real operation cannot be started or continued, a new acceptance is required after the defect has been rectified.

The client is not entitled to refuse acceptance of software due to minor defects.

2. 5 When ordering library (standard) programs, the client confirms knowledge of the scope of services of the ordered programs with the order.

2. 6 If it turns out in the course of the work that the execution of the order according to the service description is actually or legally impossible, the contractor is obliged to notify the client immediately. The client does not change the service description to that effect or creates the conditions for an execution to be possible, the contractor can refuse the execution. If the impossibility of execution is the result of an omission on the part of the customer or a subsequent change in the service description by the customer, the contractor is entitled to withdraw from the order. The costs and expenses incurred for the work of the contractor up to that point, as well as any dismantling costs, are to be reimbursed by the customer.

2. 7. Program carriers, documentation and service descriptions are sent at the expense and risk of the customer. Any additional training and explanations requested by the client will be invoiced separately. Insurance is only taken out at the request of the client.

2. 8 We expressly point out that a barrier-free design (of websites) within the meaning of the Federal Act on Equal Opportunities for People with Disabilities (Federal Disability Equality Act - BGStG)" is not included in the offer unless this was requested separately/individually by the client. If the barrier-free design has not been agreed, the client is responsible for checking the service for its admissibility with regard to the Federal Disability Equality Act. Likewise, the client must check the content provided by him for its legal admissibility, in particular competition, trademark, copyright and administrative law. In the event of slight negligence or after fulfilling any obligation to warn the customer, the contractor is not liable for the legal admissibility of content if this was specified by the customer.

3. Prices, taxes and fees

3. 1 All prices are in euros without sales tax. They only apply to this order. The prices quoted are ex place of business or -place of the contractor. The costs of program sponsors (eg. B CD's, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc. ) and any contract fees will be invoiced separately.

3. 2 For library (standard) programs, the list prices valid on the day of delivery apply. For all other services (organizational advice, programming, training, conversion support, telephone advice, etc. ) the workload will be charged at the rates valid on the day the service is rendered. Deviations from a time expenditure on which the contract price is based, for which the contractor is not responsible, will be charged according to the actual occurrence.

3. 3 The costs for travel, daily and overnight allowances will be billed to the customer separately according to the applicable rates. Travel times count as working time.

4. Delivery date

4. 1 The contractor endeavors to meet the agreed deadlines for fulfillment (completion) as precisely as possible.

4. 2 The desired performance dates can only be met if the client has completed all necessary work and documents by the dates specified by the contractor, in particular the service description accepted by him according to point 2 3 provides and fulfills its obligation to cooperate to the required extent.

Delivery delays and cost increases caused by incorrect, incomplete or subsequently changed details and information or documents made available are not the responsibility of the contractor and cannot lead to the contractor being in default. The customer bears the resulting additional costs.

4. 3 For orders that include multiple units or include programs, the contractor is entitled to make partial deliveries or to submit partial invoices.

5. Payment

5. 1 The invoices submitted by the contractor including sales tax are payable no later than 14 days after receipt of the invoice without any deductions and free of charges. The terms of payment specified for the entire order apply analogously to partial invoices.

5. 2 For orders that contain several units (e.g. B programs and/or training courses, implementation in partial steps), the contractor is entitled to issue an invoice after delivery of each individual unit or service.

5. 3 Compliance with the agreed payment dates is an essential condition for the execution of the delivery or Performance of the Contract by the Contractor. Non-compliance with the agreed payments entitle the contractor to stop the ongoing work and withdraw from the contract. All associated costs and loss of profit are to be borne by the client.

In the event of a delay in payment, interest on arrears will be charged to the extent customary in banking. In the event of non-compliance with two installments for partial payments, the contractor is entitled to allow the deadline to come into effect and to make the accepted acceptances due.

5. 4 The customer is not entitled to withhold payments due to incomplete total delivery, guarantee or warranty claims or complaints.

6. Copyright and Use

6. 1 After payment of the agreed fee, the contractor grants the customer a non-exclusive, non-transferable, non-sublicensable and unlimited right to use the software for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations, all of them to use the work results created on the basis of the contractor's contract for their own internal use. All other rights remain with the contractor.

No rights to the use specified in the present contract are acquired through the cooperation of the customer in the production of the software. Any infringement of the contractor's copyrights will result in claims for damages, in which case full satisfaction must be paid.

6. 2 The customer is permitted to make copies for archiving and data backup purposes provided that the software does not contain an express prohibition from the licensor or third parties and that all copyright and property notices are transferred to these copies unchanged.

6. 3 If the disclosure of the interfaces is necessary for the creation of interoperability of the software in question, this is to be commissioned by the client from the contractor against payment of costs. If the contractor does not comply with this requirement and decompilation takes place in accordance with copyright law, the results are to be used exclusively to establish interoperability. Misuse will result in damages.

6. 4 If the customer is provided with software whose license holder is a third party (e.g. standard software from Microsoft), the granting of the right of use is based on the license agreement of the license holder (manufacturer).

7. Right of withdrawal

7. 1 In the event that an agreed delivery time is exceeded due to the contractor's sole fault or illegal action, the customer is entitled to withdraw from the relevant order by registered letter if the agreed service is not provided in essential parts within the reasonable grace period and the customer is not at fault meets.

7. 2 Force majeure, labor disputes, natural disasters and transport blockages as well as other circumstances beyond the contractor's control shall release the contractor from the delivery obligation or allow him to reschedule the agreed delivery time.

7. 3 Cancellations by the client are only possible with the written consent of the contractor. If the contractor agrees to a cancellation, he has the right to charge a cancellation fee of 30% of the order value of the entire project that has not yet been invoiced, in addition to the services rendered and costs incurred.

8. Warranty, maintenance, changes

8. 1 The contractor guarantees that the software fulfills the functions described in the associated documentation, provided that the software is used on the operating system described in the contract.

Requirement for troubleshooting is that

the client adequately describes the error in an error message and this can be determined by the contractor;

the client provides the contractor with all the documents required for troubleshooting;

the client or a third party attributable to him has not interfered with the software;

the software is operated under the intended operating conditions in accordance with the documentation.

In the case of a warranty, improvement has priority over price reduction or conversion. If the notice of defects is justified, the defects will be remedied within a reasonable period of time, whereby the client enables the contractor to take all measures necessary to examine and remedy the defects.

  • The presumption of defectiveness acc. § 924 ABGB is excluded.

8. 2 3 Corrections and additions that prove to be necessary before the agreed service is handed over due to organizational and programming defects for which the contractor is responsible will be carried out by the contractor free of charge.

8. 3 Costs for assistance, incorrect diagnosis and error and fault elimination for which the client is responsible, as well as other corrections, changes and additions will be carried out by the contractor against payment. This also applies to the correction of defects if program changes, additions or other interventions have been made by the customer himself or by third parties.

8. 4 Furthermore, the contractor assumes no liability for errors, disruptions or damage due to improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational means and data carriers, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) as well as transport damage is due.

8. 5 For programs created by the customer's own programmers or Third parties are subsequently changed, any guarantee by the contractor is void.

8. 6 If the subject of the order is the change or addition to existing programs, the warranty relates to the change or addition. This does not reinstate the warranty for the original program.

8. 7. Warranty claims expire six (6) months after delivery.

9. Liability

9. 1 The contractor shall only be liable to the client for damage for which he can prove that he is at fault in the event of gross negligence. This also applies analogously to damage caused by third parties called in by the contractor. In the event of culpable personal injury, the contractor is liable without limitation.

  1. Liability for indirect damage - such as lost profits, costs associated with business interruption, loss of data or claims by third parties - is expressly excluded.

  1. Claims for damages become statute-barred in accordance with the statutory provisions, but no later than one year after knowledge of the damage and the person causing the damage.

9. 4 If the contractor performs the work with the help of third parties and warranty and/or liability claims arise against these third parties in this context, the contractor assigns these claims to the customer. In this case, the client will primarily rely on these third parties.

9. 5 If the data backup is expressly agreed as a service, the liability for the loss of data differs from point 9. 2 not excluded, but limited to a maximum of EUR 10% of the order amount per case of damage for the recovery of the data, but a maximum of EUR 15. 000,-. Warranty claims and claims for damages of the AG that go beyond those mentioned in this contract - regardless of the legal basis - are excluded.

10. Loyalty

10. 1 The contractual partners commit to mutual loyalty. You will refrain from any poaching and employment, also via third parties, of employees who have worked on the realization of the orders of the other contractual partner during the term of the contract and 12 months after the end of the contract. The contractual partner who violates this is obliged to pay lump-sum compensation in the amount of one year's salary of the employee.

11. Secrecy

11. 1 The contractor obliges its employees to comply with the provisions of Section 6 of the Data Protection Act.

12. Other

12. 1 Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract. The contractual partners will work together in partnership to find a regulation that comes as close as possible to the ineffective provisions.

13. Final Provisions

13. 1 Unless otherwise agreed, the legal provisions applicable between entrepreneurs apply exclusively according to Austrian law, even if the order is carried out abroad. In the event of any disputes, the local jurisdiction of the competent court for the place of business of the contractor shall apply exclusively. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions only apply insofar as the Consumer Protection Act does not provide for other mandatory provisions.

These terms and conditions are only to be understood as a template for the design of terms and conditions. The provisions contained are suggestions that can be deviated from in individual cases. If something different is agreed in a specific contract, in order to avoid misunderstandings, it is generally helpful to specifically point out which provision of the General Terms and Conditions specifically changes the contractual agreement (e.g. B : “This regulation replaced point x. of the General Terms and Conditions"). The use of the template cannot replace the accompanying consultation of a legal adviser. Please note the following:

Privacy & Privacy

The person responsible, the processor and their employees must keep personal data from data processing, which was entrusted to them or has become accessible to them solely because of their professional activity, secret, without prejudice to other statutory confidentiality obligations, unless there is a legally permissible reason for a transfer of the entrusted or accessible personal data exists (data secrecy). Employees are to be instructed about this and about any consequences of a violation.

Due to the forthcoming changes due to the EU General Data Protection Regulation and the Austrian Data Protection Adaptation Act 2018 (in the future: DSG), it is recommended not to include further data protection clauses directly in the general terms and conditions, but to hand over an extra sheet here. Care must be taken to ensure that any data protection consents are obtained properly and that information obligations are fulfilled in a timely manner and in full.

In addition, a processor contract must be concluded if data is processed for the customer as part of the order (which is to be expected in this industry). Samples and details can be found at: www. wko. at/datenschutz or at www. ubit. at.

Caution: In accordance with the nature of the work contract, the contractor is entitled to be represented by other independent third parties during the production of the work. This must be distinguished from the use of the contractor's own auxiliary persons (e.g. employees of the contractor) who are to be assigned to the contractor anyway.

In terms of data protection law, however, if you want to pass on data to a sub-processor as part of the order, you must have agreed this transfer with the client. This is regulated either in the processor contract or in a separate agreement.


The place of jurisdiction would have to be repeated

in the contractual agreement with the customer

must be explicitly agreed.

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