General Terms and Conditions (GTC)

Ing. Andreas Huemer MSc MBA
Sole proprietor (Einzelunternehmer), SCANSUSTAIN (non-registered business designation)
Gartenstraße 7
A-5274 Burgkirchen
Place of jurisdiction: Ried im Innkreis

1. Scope of Application

These General Terms and Conditions (GTC) apply to all services provided by the sole proprietor (Einzelunternehmer) Ing. Andreas Huemer MSc MBA (business designation “SCANSUSTAIN”), Gartenstraße 7, A-5274 Burgkirchen (hereinafter the „Contractor“), in particular for services in automatic data processing and information technology pursuant to Section 103 GewO (Austrian Trade Regulation Act). Deviating terms of the client shall only apply if expressly acknowledged by the Contractor in writing.

2. Conclusion of Contract

A contract is concluded by written confirmation, electronic acceptance or by actual performance of the service. The Contractor is entitled to reject orders without stating reasons.

3. Scope of Services

(1) The Contractor provides services in automatic data processing and information technology. These include in particular:

• Data preparation, data analysis and data processing
• Development, adaptation and support of software solutions
• IT consulting and technical support
• Preparation of technical documentation and concepts
• Processing and structuring of image, video or sensor data
• Operation and support of IT systems

(2) The specific scope of services is set out in the respective offer or written order confirmation.
(3) The Contractor may have services performed in whole or in part by qualified subcontractors.

4. Client’s Duties to Cooperate

The client undertakes in particular to

• provide, in due time, all data, documents and access required for performance of the services,
• give necessary approvals or feedback promptly,
• notify the Contractor without delay of changes to system environments or other relevant conditions.

If required cooperation is not provided, agreed performance deadlines shall be extended accordingly.

5. Prices and Payment Terms

(1) All prices are stated in euros, plus statutory value-added tax, unless otherwise indicated.
(2) Invoices are payable net within 14 days, without deduction.
(3) The Contractor is entitled to request instalments, advance payments or payments on account.
(4) In the event of payment default, the statutory default interest pursuant to Section 456 UGB (Austrian Commercial Code) shall apply.

6. Copyright and Rights of Use

(1) All software components, analyses, documentation and other works created by the Contractor remain protected by copyright.
(2) Unless otherwise agreed in writing, the client receives a non-exclusive, non-transferable licence.
(3) Any disclosure, modification or use beyond the agreed purpose requires the Contractor’s written consent.

7. Warranty

(1) The statutory warranty provisions apply to contracts for work and services.
(2) The Contractor warrants careful performance in accordance with the state of the art.
(3) Defects must be documented by the client in writing and in a traceable manner.
(4) The warranty period is, as far as legally permitted, 6 months from acceptance.

8. Liability

(1) The Contractor is liable to the client only for damage caused with intent or through gross negligence.
(2) Liability for loss of profit, indirect damage, consequential damage, data loss or third-party claims is excluded.
(3) Liability is, as far as legally permitted, limited to the value of the respective order.
(4) The Contractor assumes no responsibility for content, data or materials provided by the client.

9. Data Protection

The Contractor processes personal data exclusively in accordance with the GDPR and the Austrian Data Protection Act. A separate privacy policy is available to the client on request.

10. Confidentiality

Both contracting parties undertake to treat confidentially all information received in the course of the contractual relationship. This obligation continues beyond the term of the contract.

11. Force Majeure

If the Contractor is unable to provide services due to force majeure (e.g. natural disasters, disruptions to the energy supply, government measures, network or system failures), no claims for damages shall arise from this.

12. Contract Term and Termination

(1) Ongoing contracts may be terminated with 30 days’ notice to the end of a month, unless otherwise agreed.
(2) Termination without notice for good cause (e.g. payment default, material breach of contract) is permitted at any time.

13. Place of Jurisdiction and Applicable Law

Austrian law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). As far as legally permitted, Ried im Innkreis is agreed as the place of jurisdiction.

14. Final Provisions

Should individual provisions of these GTC be invalid, the remaining provisions shall remain unaffected. Amendments or additions to these GTC must be made in writing.