TERMS & CONDITIONS
General Terms and Conditions · As of June 2026
Legal note: This English version is provided for convenience only. Only the German version is legally binding. In case of discrepancies between the two versions, the German text prevails.
1. Scope
These General Terms and Conditions apply to all contracts between Markus Stöger (hereinafter "Contractor") and the Client for the provision of services in the areas of web development, software development, AI integration, and IT consulting.
2. Conclusion of Contract
A contract is concluded upon written order confirmation (email is sufficient) or upon commencement of service provision. Offers are valid for 30 days unless otherwise stated.
3. Scope of Services
The precise scope of services is defined in the respective offer or service description. Changes or extensions to the agreed scope require a separate written agreement and may incur additional costs.
4. Client Cooperation Obligations
The Client shall provide all information, credentials, and materials necessary for service delivery in a timely manner. Delays caused by lack of cooperation are at the Client’s expense and may result in postponed deadlines and additional costs.
5. Compensation and Payment Terms
Compensation is governed by the agreed offer. For projects up to €3,000 the full amount is due before project start. For larger projects: 50% upon order placement, 50% upon acceptance. Hourly rates are billed monthly. Payment due: 14 days after invoicing.
6. Acceptance
Upon completion, the result is submitted to the Client for acceptance. Acceptance is deemed granted if the Client does not report substantiated defects in writing within 7 business days.
7. Warranty and Liability
Defects will be remedied within a reasonable period. Liability is limited to intent and gross negligence. Liability for lost profits, indirect or consequential damages is excluded to the extent permitted by law. Total liability is limited to the order value.
8. Copyright and Usage Rights
Upon full payment, the Contractor grants the Client a non-exclusive, non-transferable right to use the created works for the agreed purpose. The Contractor retains the right to use the work in their own portfolio.
9. Confidentiality
Both parties undertake to treat confidential information of the other party – in particular access credentials, technical information, and trade and business secrets – as strictly confidential, not to disclose it to third parties, and to use it solely for the performance of the contract. This obligation continues beyond the end of the contract. The Contractor is entitled to engage subcontractors required for service delivery (in particular hosting providers), provided they are themselves bound to confidentiality.
10. Data Protection and Processing
Both parties comply with the applicable data protection regulations, in particular the GDPR and the Austrian Data Protection Act (DSG). Insofar as the Contractor processes personal data on behalf of the Client in the course of service delivery – for example through access to the Client’s servers, databases, or applications –, this constitutes processing on behalf of a controller within the meaning of Art. 28 GDPR. The parties conclude a separate data processing agreement (DPA) for this purpose. The Client, as controller, is responsible for the lawfulness of the processing; the Contractor processes the data exclusively on documented instructions from the Client. Information on the processing of data of website visitors and prospective clients can be found in the privacy policy.
11. Term and Termination
Project contracts end upon acceptance and full payment. Ongoing maintenance contracts may be terminated with 30 days’ notice to the end of the month.
12. Applicable Law and Jurisdiction
Austrian law applies. Place of jurisdiction is Scheibbs, Lower Austria, Austria.