General Terms & Conditions
As of: October 2026
§ 1Scope
These General Terms and Conditions (GTC) apply to all contracts between FleiTec Software Entwicklung (contractor) and the client for IT services, software development, consulting and related services. The client's deviating terms only apply if the contractor has agreed to them in writing.
§ 2Conclusion of Contract
Offers by the contractor are non-binding. A contract is only formed upon written order confirmation by the contractor or upon actual commencement of services. Electronic communication (email) constitutes written form within the meaning of these GTC.
§ 3Scope of Services and Client Obligations
The scope of services is defined in the respective offer or order confirmation. The client is obligated to provide all necessary information, access and materials in a timely and complete manner. Delays caused by the client's failure to cooperate shall not be attributed to the contractor and entitle the contractor to reasonably extend agreed deadlines and invoice additional costs incurred.
§ 4Remuneration and Payment Terms
Remuneration is set out in the respective offer. All prices are net plus applicable VAT. Invoices are payable within 14 days from invoice date without deduction. In the event of default, B2B clients are subject to default interest of 9.2 percentage points above the applicable base interest rate pursuant to § 456 UGB. For consumers (B2C), default interest of 4% p.a. applies. The contractor reserves the right to issue partial invoices.
§ 5Copyright and Usage Rights
All works created in the course of the engagement (software, designs, concepts, etc.) remain the property of the contractor until full payment is received. Upon full payment, the client receives a simple, non-transferable right of use for the agreed purpose. Source code is only handed over upon explicit written agreement. The contractor is entitled to reference the work in its portfolio unless the client objects in writing.
§ 6Customer Reference on xoffi.ai
The client agrees that the contractor may publicly display the client's company name and the address (URL) of the client's website on xoffi.ai as a customer or reference listing; this may include a link to the client's website. No other data of the client will be published in this context. The client may object to this listing at any time without giving reasons by email to info@xoffi.ai; the listing will then be removed within 14 days. The objection does not affect the remainder of the contract.
§ 7Warranty
Austrian warranty law pursuant to §§ 922 ff. ABGB applies. The warranty period is 2 years from handover. For businesses (B2B), warranty is limited to improvement or replacement; price reduction and rescission are excluded unless the defect is material. Defects must be reported in writing promptly, no later than 14 days after discovery. Obvious defects must be reported at the time of handover.
§ 8Limitation of Liability
The contractor shall not be liable for damages caused by slight negligence in B2B relationships. In B2C relationships, liability for slight negligence is limited to foreseeable, contract-typical damages; further exclusions toward consumers are prohibited under § 6 KSchG. Liability for data loss is limited to the typical cost of recovery, provided the client maintained regular backups. Liability limitations do not apply in cases of intent, gross negligence, or personal injury.
§ 9Data Protection
Personal data is processed in accordance with our Privacy Policy and the provisions of the GDPR and the Austrian DSG. Where the contractor processes the client's personal data in the course of service delivery, a data processing agreement (DPA) pursuant to Art. 28 GDPR shall be concluded.
§ 10Confidentiality
Both parties undertake to keep strictly confidential all information (trade secrets, customer data, technical details) obtained during the cooperation and not to disclose it to third parties. This obligation also applies after termination of the contractual relationship for a period of 5 years.
§ 11Term and Termination
Project contracts end upon full completion of services. Ongoing service agreements (e.g., maintenance contracts) may be terminated by either party with 3 months' notice to the end of the month in writing, unless otherwise agreed. The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the client is in arrears with more than 2 monthly invoices.
§ 12Website Package (Hosting, Domain, Email, AI) and Value Adjustment
The following applies additionally and with priority to the website package billed monthly or annually: (1) Services: provision and hosting of the website incl. SSL encryption, domain, email mailboxes with spam and virus protection and daily backup, and a monthly AI quota for changes as described in the offer. Unused AI quota expires at the end of each month; additional quota can be booked at the stated price. (2) Prices: Notwithstanding § 4, all prices stated in the offer for the website package are gross prices incl. 20% VAT – for consumers and businesses alike. Payment is made in advance for the selected billing period. (3) Termination: Notwithstanding § 11, the website package may be terminated by either party at any time with effect at the end of the current billing period (month or year). Periods already paid are not refunded pro rata. (4) Domain and email at contract end: The domain is registered with the client as holder. Upon termination, the contractor provides the transfer code (auth code) on request. If no instruction is received from the client within 30 days after contract end, the domain may be cancelled. Mailboxes and website content remain available for export for 30 days after contract end and are deleted thereafter. (5) Value adjustment: Recurring fees are index-linked to the Austrian Consumer Price Index 2020 (VPI 2020) published by Statistics Austria or a successor index. The base is the index figure for the month the contract was concluded. Fees are adjusted on 1 January of each year by the change in the index figure for October of the previous year compared to the base or the index figure last used for an adjustment, both upwards and downwards; decreases are passed on mandatorily. Changes of up to and including 3% are disregarded; if this threshold is exceeded, the full change is applied and the new index figure becomes the base for the next adjustment. For consumers, no increase takes place within the first two months after conclusion of the contract. Each adjustment is announced by email at least one month before it takes effect.
§ 13Jurisdiction
For disputes arising from or in connection with this contract with businesses (B2B), the exclusive place of jurisdiction is the competent court at the contractor's registered office. For consumers (B2C), the general place of jurisdiction under § 14 KSchG applies; a jurisdiction agreement to the detriment of the consumer is inadmissible.
§ 14Applicable Law
Austrian law applies exclusively, excluding conflict of law rules (private international law) and the UN Convention on Contracts for the International Sale of Goods (CISG).
§ 15Final Provisions
Should any provision of these GTC be or become wholly or partially invalid (severability clause), this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by an effective provision that comes as close as possible to the economic purpose of the invalid provision. Amendments and additions to these GTC require written form.