Terms & Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all contracts for services and deliveries between applify GmbH, Kolbegasse 75, 1230 Vienna (hereinafter "Contractor") and its customers (hereinafter "Client").

Deviating conditions of the Client are not recognized unless the Contractor expressly agrees to their validity in writing.

2. Subject of Contract

The Contractor provides services in the field of software development and IT consulting, including but not limited to:

• Application development (Web, Mobile, Desktop)
• Database design and management
• Requirements engineering and conception
• Programming and technical consulting
• Maintenance and support of existing systems
• IT consulting and project management

3. Conclusion of Contract

The contract is concluded by written order confirmation from the Contractor or by commencement of service provision. Offers from the Contractor are non-binding unless expressly marked as binding.

Verbal side agreements are only valid if confirmed in writing.

4. Scope of Services and Changes

The scope of services to be provided results from the service description or offer. Changes or additions require written form.

The Client will be informed about necessary changes and has the right to approve or reject them. Additional services are billed based on effort at the agreed hourly rates.

5. Client's Cooperation Obligations

The Client must provide all information, documents, and access necessary for the execution of the order in a timely manner. They shall designate a responsible contact person for the project.

Delays due to insufficient cooperation by the Client entitle the Contractor to reasonably extend deadlines and schedules.

6. Remuneration and Payment Terms

Remuneration is based on the respective order confirmation. All prices are exclusive of statutory VAT.

Unless otherwise agreed, invoices are issued after service provision and are due for payment without deduction within 14 days of the invoice date. In case of late payment, default interest of 9.2 percentage points above the base rate will be charged.

7. Usage Rights and Copyright

Upon full payment of the agreed remuneration, the agreed usage rights to the created works are transferred to the Client. The Contractor retains the right to use the created works for their own reference purposes.

Source code and documentation are handed over to the agreed extent. Unless otherwise agreed, handover takes place after full payment.

8. Warranty

The Contractor warrants that the services provided meet the agreed requirements. Defects are remedied within a reasonable period after written notification.

The warranty period is 12 months from acceptance of the service. Excluded from warranty are defects caused by improper use, modifications by third parties, or force majeure.

9. Liability

The Contractor is only liable for damages in cases of intent and gross negligence. Liability for slight negligence is excluded to the extent permitted by law.

Liability for consequential damages, lost profits, and data loss is excluded. Total liability is in any case limited to the amount of the agreed remuneration.

10. Confidentiality

Both parties undertake to keep confidential all confidential information received during cooperation and to use it only for the agreed purpose. This obligation continues even after termination of the contractual relationship.

11. Final Provisions

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Vienna.

Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid provision, a regulation that comes closest to the economic purpose shall apply.