Terms and Conditions

These General Terms and Conditions (GTC) apply to all business relationships between Bernhard Götzendorfer (hereinafter "Contractor"), sole proprietor based in Vienna, Austria (GISA number: 38550959), and his clients (hereinafter "Client").

Deviating terms of the Client shall not be recognised unless the Contractor expressly agrees to their validity in writing. These GTC shall also apply to all future business relationships without requiring further reference.

The type and scope of services are defined in the individual offer or order confirmation. The Contractor provides services in the areas of IT services, web development, AI consulting, software development, search engine optimisation, online marketing, maintenance, and SaaS solutions.

Changes or extensions to the scope of services require written agreement. No verbal collateral agreements exist.

Offers by the Contractor are non-binding and valid for 30 days from the offer date unless otherwise stated. A contract is formed upon written order confirmation by the Contractor or upon commencement of service delivery.

The written form requirement is also satisfied by email.

All prices are in euros, net. In accordance with § 6 para. 1 Z 27 UStG (small business exemption), no VAT is charged. The payment term is 14 days from the invoice date without deduction, unless otherwise agreed.

In case of late payment, default interest of 9.2 percentage points above the applicable base interest rate pursuant to § 456 UGB shall be charged. In addition, the Client shall bear all reminder and collection costs.

Project payments: For orders up to EUR 5,000 net, payment is 50% upon order placement and 50% upon acceptance. For orders over EUR 5,000 net, payment is made according to the milestone plan as per the offer.

Ongoing services (retainer): Monthly remuneration is due in advance on the first of each month.

SaaS and managed services: The one-time setup fee is due upon order placement. Monthly licence fees are due in advance. External API costs are passed through at cost plus an agreed surcharge on a monthly basis.

The Client shall provide the Contractor with all information, access credentials, materials, and approvals required for service delivery in a timely manner. The Client shall designate a binding contact person.

Feedback and approvals shall be provided within 10 business days of request. If the Client fails to fulfil their duty to cooperate, agreed deadlines shall be extended accordingly.

Delivery dates are non-binding unless expressly agreed as binding in writing. Delays due to the Client's failure to cooperate or force majeure shall extend the delivery period accordingly.

The Contractor generally provides services remotely. On-site meetings are arranged separately.

The Client shall review the delivered services within 10 business days of handover and report any defects in writing with specific details. After expiry of this period, the services shall be deemed accepted (implied acceptance).

Immaterial defects do not entitle the Client to refuse acceptance.

The warranty period is 24 months from acceptance in accordance with §§ 922 ff ABGB (Austrian Civil Code). The Contractor shall remedy proven defects at their discretion by repair or replacement.

Excluded from the warranty are: defects caused by third-party modifications; defects due to incorrect or incomplete cooperation by the Client; force majeure; failures or changes to third-party APIs and services.

The Contractor shall only be liable for intent and gross negligence. Liability is limited in amount to the net order value of the last 12 months. Compensation for lost profits, consequential damages, and indirect damages is excluded to the extent permitted by law.

The limitation of liability does not apply in the case of personal injury.

Usage rights to the work results shall transfer to the Client upon full payment, unless otherwise agreed in the offer. Moral rights remain with the Contractor.

Open-source components are subject to their respective open-source licences. The Contractor shall inform the Client of material licence obligations.

For AI-generated content (code, text, images), usage rights transfer to the Client. Copyright protection of AI-generated content cannot be guaranteed under current law.

The Contractor uses AI-powered tools in service delivery (e.g., for code development, content creation, image generation, data analysis). The use of these tools serves quality assurance and efficiency improvements.

Upon request, the Contractor shall provide transparent information about the use of AI tools in the respective project. No guarantee is given for the accuracy or completeness of AI-generated results. The Client is responsible for reviewing the results independently.

For SaaS solutions and managed services, the Contractor aims for 99% availability (no formal SLA). Planned maintenance windows are announced with reasonable notice.

External API costs (e.g., OpenAI, Anthropic, Vercel) are passed through at cost plus a surcharge agreed in the offer.

SaaS contracts may be terminated with 30 days' notice to the end of the month, unless a different minimum term has been agreed.

The Contractor processes personal data in compliance with the GDPR. A data processing agreement (DPA) will be concluded upon request. The full privacy policy is available at gotzendorfer.at/en/privacy.

Sub-processors: Vercel Inc. (hosting), Supabase Inc. (database), Hetzner Online GmbH (DNS), Resend Inc. (transactional email), Plausible Insights OÜ (analytics). Additional sub-processors will only be engaged with the Client's consent.

Both parties undertake to keep confidential all confidential information received in the course of the cooperation and to use it only for the purpose of contract performance.

Excluded is information that is or becomes publicly known, that was already known to the receiving party, or whose disclosure is required by law.

Project contracts: Ordinary termination is only possible for good cause. Services already rendered shall be remunerated.

Ongoing services: Termination with 30 days' notice to the end of the month, unless a different minimum term has been agreed.

Good cause exists in particular in the event of material breach of contract, payment default of more than 30 days, or insolvency of a party.

The Contractor may cite completed projects as references (name, industry, type of service) unless the Client objects in writing. Confidential project details will not be published without consent.

Austrian law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws rules of private international law.

The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be the competent court in Vienna, Austria.

Amendments and supplements to these GTC must be in writing. This also applies to the waiver of this written form requirement.

Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that most closely approximates the economic purpose of the invalid provision.