Terms & Conditions

1. Scope and Validity

These Terms & Conditions apply to all contracts for software development, programming services, IT consulting, and related services provided by:

Jan Bocchino - IT-Dienstleistungen
Kenyongasse 21, 1070 Vienna
Austria

These Terms apply exclusively to business customers (B2B). Conflicting terms of the client shall not apply unless expressly agreed in writing.

Offers are non-binding unless explicitly stated otherwise.

2. Services

The subject of the contract may include:

• Custom software development
• Web application development
• Technical consulting
• Adaptation and modification of existing software
• Implementation and deployment support

The specific scope of services is defined in the written offer or project agreement.

The client shall provide all necessary information, access, and materials required for proper performance of the services.

3. Performance and Acceptance

Custom-developed software shall be accepted by the client within 14 days of delivery.

If no written notice of material defects is provided within this period, the service shall be deemed accepted.

Minor defects do not entitle the client to refuse acceptance.

4. Fees and Payment

All fees are stated in EUR plus applicable VAT.

Unless agreed otherwise:

• Invoices are payable within 14 days without deduction.
• The service provider may invoice in milestones.

In case of late payment, statutory default interest for business transactions under Austrian law applies.

The provider may suspend services in case of significant payment delay.

5. Intellectual Property

Upon full payment, the client receives a non-exclusive, non-transferable right to use the delivered software for its internal business purposes.

Unless expressly agreed otherwise:

• Source code is not transferred.
• Ownership of underlying frameworks, libraries, tools, and reusable components remains with the provider.
• Third-party components are subject to their respective license terms.
• The provider retains the right to reuse general know-how and non-confidential technical concepts.

6. Warranty

The warranty period is 6 months from delivery.

The provider warrants that the software substantially conforms to the agreed specifications.

The client must report defects in writing with sufficient detail.

In case of justified defects, the provider shall have the right to remedy (improvement) within a reasonable period. Price reduction or termination is only permitted if improvement fails.

Warranty does not apply to:

• Improper use
• Modifications by the client or third parties
• Incompatible system environments

7. Liability

The provider shall be liable only for damages caused by gross negligence or willful misconduct.

Liability for indirect damages, loss of profit, business interruption, or data loss is excluded.

In any case, total liability is limited to the contract value of the respective project.

Liability for personal injury remains unaffected.

8. Confidentiality

Both parties agree to keep confidential all non-public business and technical information obtained in connection with the project.

This obligation survives termination of the contract.

9. Data Protection

Each party is responsible for compliance with applicable data protection laws.

If the provider processes personal data on behalf of the client, a separate data processing agreement (DPA) shall be concluded where required.

10. Termination

Cancellation of a confirmed project requires written agreement.

If the client terminates a project prematurely, the provider is entitled to payment for services rendered and reasonable costs incurred.

11. Governing Law and Jurisdiction

Austrian law shall apply, excluding conflict-of-law rules.

The competent court at the registered seat of the provider shall have exclusive jurisdiction for disputes between business parties.