General terms and conditions

1. Scope

These general terms and conditions (GTC) apply to all contracts between FaNetwork e.U. (hereinafter “Contractor”) and its business customers (hereinafter “Client”) in connection with the development, sale and delivery of software, web solutions, apps and other digital services.

Deviating terms and conditions of the Client are not recognised unless they have been confirmed in writing by the Contractor.

2. Conclusion of contract

A contract is only concluded upon written order confirmation or actual performance by the Contractor. Offers are generally non-binding.

The scope of services results from the written agreement (e.g. offer, service description, functional specification). Subsequent changes to the scope of services require the written consent of both parties.

3. Scope of services

The Contractor provides services in the following areas:

• Web development (websites, web portals, shops)
• App development (mobile & cross-platform)
• Custom software solutions
• UI/UX design
• Consulting, training, support and maintenance

The services are implemented on the basis of the information, materials and, where applicable, test data provided by the Client. The Client is obliged to cooperate actively and to provide all necessary content and access in good time.

4. Obligations to cooperate

The Client ensures that all content, information, access and decisions necessary for the implementation of the project are provided in good time and in full. Delays due to a lack of cooperation may lead to an adjustment of the schedule and/or additional costs.

5. Prices and terms of payment

All prices are in euros plus statutory value added tax.

Unless otherwise agreed, invoicing is based on actual time and effort at the agreed hourly rate. Partial invoices are permitted.

Invoices are due without deduction within 14 days of the invoice date. In the event of late payment, default interest at the usual bank rate will be charged. Late payment entitles the Contractor to suspend further services until payment has been made.

6. Copyright and rights of use

All works created by the Contractor (e.g. software, code, designs, concepts, texts) remain protected by copyright.

Upon full payment, the Client receives a non-exclusive, non-transferable right of use for the agreed purpose. Disclosure, reproduction or modification is only permitted with the written consent of the Contractor.

7. Acceptance

Custom developments must be checked by the Client within 14 working days of delivery and accepted in writing. If no feedback is received within this period, acceptance is deemed to have taken place. Use in live operation is also deemed to be acceptance.

8. Warranty

The statutory warranty for businesses applies.

Complaints must be reported in writing and in a comprehensible manner. In the case of justified defects, rectification will take place within a reasonable period. Further claims are excluded to the extent permitted by law.

There is no warranty in the case of:

• subsequent modification by third parties
• improper use
• incompatibilities with third-party software without prior agreement

9. Liability

The Contractor is only liable for intent and gross negligence. Liability for loss of profit, consequential damage, data loss or third-party claims is excluded to the extent permitted by law.

10. Confidentiality & data protection

The Contractor undertakes to maintain confidentiality and to comply with data protection requirements in accordance with the GDPR.

Both parties undertake to treat all information that becomes known in the course of the cooperation as confidential, including beyond the end of the project.

11. Reference

Unless otherwise agreed, the Contractor may present the project in its list of references (e.g. on its website, social media, portfolio) with logo, project description and link.

12. Final provisions

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

Should individual clauses of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The contracting parties undertake to agree on an effective replacement provision that comes as close as possible to the economic purpose of the invalid provision.