Terms and conditions

I. Subject of the contract
The subject of the contract is the maintenance of the hardware and/or software specified overleaf. If the subject of the contract specified overleaf covers only hardware or only software, only the provisions of this contract relating to the subject of the contract apply. The specifications contained in the guidelines on the scope of services are deemed agreed. The subject of the contract is defined by the functionality of the device at the time of acceptance after installation or device inspection.

II. Scope
These General Terms and Conditions (GTC) apply to all contracts, deliveries and services between the provider (hereinafter referred to as the “Company”) and its customers.
Deviating or additional terms of the customer are only recognised if the Company expressly agrees to them in writing.
The GTC apply both to entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code) and – unless mandatory consumer protection provisions conflict – to consumers.

III. Conclusion of contract
Offers by the Company are subject to change and non-binding unless they are expressly designated as binding. A contract is only concluded through written order confirmation or the actual provision of services. Amendments or additions to a contract must be made in writing.

IV. Scope of services

SaaS services
The Company provides cloud-based software solutions for use against payment.
The scope of services is set out in the respective service level agreement (SLA) or product sheet.
Only a right of use is granted; the software is not sold.

Custom software development
The scope of development is defined in the respective project contract, specification or offer.
Change requests after conclusion of the contract are charged separately.

IT services
These include support, consulting, maintenance, installation and configuration.
Response and recovery times are based on the agreed SLAs.

Trade in hardware and software
Delivery is subject to availability.
For third-party products, their licence and warranty terms apply – where permissible.

V. Prices
All prices in this contract are net prices, plus the applicable VAT rates. Offsetting by the customer against claims of Speicherkraft (SK) and/or the subcontractor is excluded.
SK reserves the right to change prices after prior notice, observing a period of 3 months starting on the first day of the following month. In this case, the customer has the right to terminate the contract early as of the effective date of the intended change by registered letter, observing a notice period of 1 month.
If this option is not exercised, the amended terms apply to this contract from the effective date.
The customer waives this right of termination if SK makes a price change due to general changes in costs (energy, raw materials, tolls, personnel, etc.) in the amount of the inflation rate (CPI base 2005=100) plus a maximum of 3 percent. The cost adjustment takes place at most once a year and does not require prior notice.

VI. Terms of payment
The start of invoicing of the fees agreed overleaf is specified overleaf. All payments are due immediately, net cash, upon receipt of the invoice. In the event of late payment, the customer must pay a fee of EUR 10 plus VAT for each reminder and reimburse all collection, legal and court costs.
SK may refuse services as long as there are outstanding amounts that have been due for more than 1 month.

VII. Retention of title
Delivered goods remain the property of the Company until full payment (§ 1063 ABGB, Austrian Civil Code). Resale is only permitted with express consent.

VIII. Start and duration of the contract
The ongoing service fee is due for the first time on the first day of the month following the start of the contract, and thereafter quarterly in advance. Services not included in the service fee are invoiced quarterly in arrears.
The contract is concluded for an indefinite period.

IX. Termination

a) Termination by SK
SK may terminate the contract at certain times with a notice period of 3 months. In the event of late payment, termination is possible at any time. Any additional costs incurred may be charged. If no objection is raised, the amended terms apply from the effective date.

b) Termination by the customer
The customer waives termination during the minimum term. Thereafter, the customer may terminate with a notice period of 3 months by registered letter.
For leasing, the terms of the leasing contract apply.
If not terminated, the contract is automatically extended by 18 months.
Services already provided must be paid for regardless of the time of termination.
For SaaS services, the respective tariff provisions apply.

X. Maintenance
SK maintains the products in accordance with the agreed maintenance contract and scope of services.
Phone and ticket system are available for technical support:
Phone: +43 (0)316 58 79 53-0
Email: support@speicherkraft.com

XI. Warranty
The Company warrants the agreed product characteristics. Manufacturer warranties are passed on to the customer. The warranty period is six months from handover.
The customer must inspect products immediately after delivery or installation and report defects in writing within seven days.
For third-party goods, warranty is initially provided by assigning the claims against the upstream supplier.
For SaaS, the following also applies: there is no guarantee of uninterrupted availability; functional impairments due to external influences are not defects.

XII. Data protection
Data is processed in accordance with the GDPR and the Austrian Data Protection Act (DSG). Details are set out in the privacy policy. For SaaS, a data processing agreement (DPA) may be concluded.

XIII. Confidentiality
Both parties undertake to keep confidential information secret. This obligation continues after the end of the contract.