General Terms and Conditions

1.1 These General Terms and Conditions apply to all offers, contracts, orders and other legal relationships between Inan Software OG as contractor and its clients as principal in the field of web development, web design, website sales, website rental, hosting, technical operation, technical availability, support, form processing and other digital services.

1.2 These GTC are designed for business clients in the B2B sector. Deviating, conflicting or supplementary terms and conditions of the client do not become part of the contract unless they are expressly accepted in writing.

1.3 Individual written agreements, an offer, a purchase agreement, a rental agreement or other project-specific agreements take precedence over these GTC to the extent that they contain expressly deviating provisions.

2.1 A contract is formed by written acceptance of an offer, signing of a purchase or rental agreement, digital acceptance, written order by email or by commencement of service delivery following express approval.

2.2 The specific scope of services results from the respective offer, purchase agreement, rental agreement, project briefing or a written confirmed service description.

2.3 These GTC become part of the contract if the client was informed of them before conclusion of the contract and had the opportunity to inspect, download or receive them as an attachment. This may be done in particular by handover, enclosure with the contract, email or link.

2.4 To the extent that Inan Software OG processes personal data on behalf of the client as part of a project, the respective Data Processing Agreement (DPA) applies as an additional component of the contract, provided it was made available or accessible to the client before conclusion of the contract and is referenced in the offer, purchase agreement or rental agreement.

2.5 In case of conflicts, the following order of precedence applies: individual written supplementary agreement, purchase/rental agreement, offer/service description, DPA regarding data protection processing, these GTC. Regarding specific prices, packages, payment models and project-specific services, the offer takes precedence.

3.1 Inan Software OG provides in particular the following services:

• Creation of websites for businesses, in particular one-pagers, corporate websites and individual web solutions;
• Website rental models without purchase, in which a website is provided in exchange for monthly payment;
• Hosting, technical operation, monitoring, technical availability and support for technical issues;
• Form processing, email delivery, analytics and monitoring setups, where agreed;
• Additional services such as changes, new pages, new features, maintenance, content management, CMS or backend functions, where separately agreed.

3.2 The contractor may use its own templates, components, frameworks, libraries, automations, standard processes and technical standards in the implementation. Unless expressly agreed otherwise, there is no entitlement to individual new development of all components.

3.3 Legal texts such as imprint, privacy policy, cookie notices or terms and conditions may, if agreed, be integrated as technical or organisational templates. This does not constitute legal advice. Legal review, completeness, currency and approval are the responsibility of the client.

4.1 For the preparation of offers, contract processing, project organisation, document creation, communication and customer support, Inan Software OG may use internal systems, in particular a protected subdomain application with a database.

4.2 In this internal application, client, offer, contract, project, status and communication data may be processed, in particular: company name, contact person, address, email address, phone number, VAT/company register data, offer data, contract data, prices, payment models, project information, approvals and internal processing notes.

4.3 For technical implementation and service delivery, the following may be used in particular: Hosttech, Cloudflare, Cloudflare Pages, Cloudflare R2, Cloudflare D1, Cloudflare Zero Trust, GitHub, Decap CMS, UptimeRobot, Umami, Formspree, Resend.com, OpenAI/Whisper and comparable services, where required or appropriate for the respective order.

4.4 Resend.com may be used in particular for sending offer, contract, project, system and communication emails. Cloudflare D1 may be used in particular as a database for internal client, offer, contract and project data. Formspree may be used for contact forms and form forwarding.

4.5 Details on the processing of personal data, storage periods, recipients and third-country transfers can be found in the privacy policy and, where applicable, in the DPA.

5.1 The client shall provide all information, content, access data, texts, images, logos, company data, approvals and other materials required for the project in a timely, complete and appropriate form.

5.2 The client is obliged to check provided content for accuracy, completeness, currency and legal permissibility. The contractor is not obliged to check content for legal, tax, competition law, trademark or data protection compliance.

5.3 The client guarantees that it holds all necessary rights to provided texts, images, logos, trademarks, videos, audio files, fonts, documents and other materials. If the contractor is held liable by third parties on account of such content, the client shall indemnify the contractor, to the extent that the claim is not attributable to the contractor.

5.4 If the project is delayed due to missing, incomplete or incorrect cooperation by the client, agreed deadlines shall be extended appropriately. Additional effort incurred may be charged separately.

5.5 Delays caused by late payments, missing content, missing access data, missing approvals or other missing cooperation by the client shall shift agreed deadlines accordingly. Additional effort incurred may be charged separately.

6.1 Stated completion, delivery or publication dates are only binding if they have been expressly agreed in writing as fixed binding deadlines.

6.2 Deadlines presuppose that the client provides all required content, access and approvals in a timely manner. Delays on the part of the client extend deadlines accordingly.

6.3 Delays due to force majeure, technical disruptions, third-party providers, illness, official measures, internet or server outages, cyber attacks or other unforeseeable events shall extend agreed deadlines appropriately.

6.4 If the client uses the website productively, publishes it or releases it to third parties, this shall constitute acceptance, unless a material defect has been expressly reserved in writing.

6.5 Project deadlines and estimated durations begin only once the contract is concluded, the agreed down payment, advance payment or first instalment has been received in full, and the client has provided all content, information, access data and approvals required for implementation, unless the offer expressly states otherwise.

7.1 Upon completion, the service will be made available to the client for review. The client is obliged to review the service within 14 calendar days and to report any material defects in writing with sufficient detail.

7.2 If no written defect notice is submitted within this period, the service shall be deemed accepted. The same applies if the client uses the service productively, publishes it or expressly approves it.

7.3 A material defect only exists if the agreed main function of the service is significantly impaired. Minor deviations, subjective design preferences, client content or non-agreed additional features do not constitute a material defect.

7.4 Changes, extensions or corrections desired after acceptance that are not based on a material defect are chargeable additional services.

8.1 All prices result from the respective offer. Unless otherwise stated, prices are in euros. VAT information is based on the current tax situation of the contractor and will be indicated on invoices accordingly.

8.2 For the purchase model, unless otherwise agreed in the offer, the down payment or advance payment stated in the offer is due upon conclusion of contract or project start, and the agreed balance is due after publication or delivery of the website. Project start occurs only after the contract is concluded, the invoice for the down payment has been issued, the agreed down payment or first instalment has been received in full, and the client has provided all required content, information, access data and approvals. The payment deadline for the final payment begins the day after publication or delivery.

8.3 Instalment payment is only possible upon express agreement, in a maximum of six equal monthly instalments. The first instalment is due at project start. The total amount is based on the agreed project price plus the respective instalment surcharge: 2 instalments 0%, 3 instalments +2%, 4 instalments +4%, 5 instalments +6%, 6 instalments +8%. Full handover and final grant of usage rights occur only after full payment of all outstanding amounts.

8.4 Ongoing services, in particular hosting, technical availability, monitoring, support for technical issues or rental models, are invoiced monthly in advance, unless otherwise agreed.

8.5 Invoices are to be paid within the payment period stated in the offer or invoice without deduction. If no payment period is stated, invoices are due within 7 days of the invoice date.

8.6 In the event of late payment, the contractor is entitled to charge statutory default interest, reminder fees and necessary collection or legal costs. The contractor is also entitled to withhold further services, suspend them, block access or temporarily deactivate websites until full payment has been made.

8.7 The contractor is not obliged to commence implementation, setup, publication or delivery of the service until the agreed down payment, advance payment or first instalment has been received in full. Invoices are issued after conclusion of contract or in accordance with the offer; the actual receipt of payment is decisive for the project start.

9.1 In the purchase model, the contractor creates a website for the client. Upon full payment, the client receives a simple right of use in accordance with these GTC, the offer and the respective purchase agreement.

9.2 The domain is generally acquired and managed by the client itself. The contractor can assist with technical setup but is not liable for domain registrars, registry offices or the actual availability of a desired domain.

9.3 The agreed service includes the publication or delivery of the operational website within the agreed scope, but not the handover of source code, libraries, build scripts, repositories, raw files, development environments, open design files or internal working files, unless expressly agreed in writing.

10.1 In the rental model, the contractor provides the client with a website for use in exchange for monthly payment. The rental model is expressly not a purchase model. The website, source code, design, technical components, templates and internal implementation structures remain the property of the contractor.

10.2 The monthly rental price is, unless otherwise agreed in the offer, 8% of the agreed sale price of the website. The rental model includes the provision of the website including hosting and technical availability within the agreed scope.

10.3 The minimum term is 24 months, unless otherwise agreed in the offer. After the minimum term, the contract may be terminated by either party with one month's notice to the end of the month. Monthly fees remain due until the termination takes effect.

10.4 The monthly rental payments serve exclusively the time-limited use of the website during the contract term and do not establish any claim to transfer of ownership, surrender, offset against purchase price or later acquisition of the website.

10.5 A later takeover, purchase or buy-out of the website is only possible with an express written supplementary agreement. Rental payments already made will not be offset against a later purchase price or buy-out unless expressly agreed otherwise in writing.

10.6 Upon termination of the contract, the client's right of use ends. After expiry of the contract or effective termination, the website will be deactivated and no longer provided, unless a separate written agreement is made.

10.7 In the event of late payment, the contractor is entitled to temporarily deactivate the website or block access until all outstanding amounts have been settled.

11.1 Hosting and technical availability are only owed if expressly agreed in the offer, purchase agreement or rental agreement, or included in the rental model.

11.2 Hosting & technical availability includes the technical provision of the website, hosting, basic uptime monitoring, SSL/HTTPS operation, technical availability checking and basic error analysis for technical issues. Content changes, new pages, new features, design changes, SEO measures, copywriting, image editing and other extensions are not included and will be offered and charged separately.

11.3 Ongoing services for hosting and technical availability may, unless part of an ongoing rental model with a minimum term, be terminated with one month's notice to the end of the month. Monthly fees remain due until the termination takes effect.

11.4 Hosting is provided via external providers and technical services, in particular Hosttech, Cloudflare or comparable providers. The terms and conditions of the respective third-party providers also apply.

12.1 To the extent that hosting, technical operation or technical availability has been agreed, a monthly target availability of 99.9% is aimed for the technical accessibility of the website hosted by the contractor. Support services are otherwise provided in accordance with the agreed scope of services.

12.2 For reported technical issues, the contractor endeavours to provide a first response within up to 48 hours on business days (Monday to Friday, excluding public holidays in Austria). Response time is not a guaranteed restoration time.

12.3 The target availability refers to the monthly average of the website hosted by the contractor. Excluded are planned maintenance windows, necessary updates, disruptions by third-party providers, domain/DNS issues, force majeure, cyber attacks, misconfigurations or cooperation delays by the client, as well as circumstances outside the contractor's sphere of influence. A specific restoration time is not guaranteed.

12.4 A claim for service credits, penalties or damages due to failure to achieve the target availability only exists if this has been expressly agreed in writing or the damage was caused intentionally or through gross negligence by the contractor.

13.1 If the client wishes changes, additions or extensions to the agreed scope of services after the contract is concluded, these are considered change requests.

13.2 Change requests should be described as specifically and in writing as possible. The contractor shall review whether and at what cost the desired change can be implemented.

13.3 The contractor is entitled to make processing of a change request conditional on a separate remuneration agreement. Until agreement on the change request is reached, the originally agreed scope of services remains authoritative.

13.4 Additional services are charged at the current hourly rate or based on a separate offer, unless a fixed price has been expressly agreed.

14.1 The contractor is entitled to use third-party providers, tools, platforms and subcontractors for service delivery. This includes in particular hosting providers, cloud services, analytics tools, monitoring services, git platforms, CMS systems, storage services, form services, email delivery services, AI services and other technical service providers.

14.2 The contractor assumes no liability for services, availability, changes, outages, price changes, security vulnerabilities, terms of use or decisions of third-party providers, to the extent that these are outside its sphere of influence.

14.3 If third-party providers are commissioned in the name or on account of the client, the client bears all resulting costs, obligations and risks.

14.4 Changes by third-party providers, in particular prices, terms of use, interfaces, API rules or technical restrictions, may trigger additional effort and be charged separately, to the extent not already covered by the agreed scope of services.

15.1 The contractor uses appropriate technical and organisational measures to operate the provided services securely and stably. However, absolute security cannot be guaranteed.

15.2 The contractor is not liable for data loss unless caused intentionally or through gross negligence. This also applies when backups are created or managed.

15.3 The client is obliged to back up important content, files, access data, media, texts, client data and other relevant information itself, or to ensure appropriate backup.

16.1 All drafts, concepts, designs, source codes, templates, components, scripts, technical structures, automations, documentation and other work results remain the property of the contractor until full payment.

16.2 Upon full payment, the client receives in the purchase model a simple, non-exclusive, non-transferable right of use for its own business purposes and the purpose agreed in the offer.

16.3 Processing, disclosure, reproduction, licensing, resale, publication outside the agreed purpose or transfer to third parties is only permitted with the express written consent of the contractor.

16.4 The handover of source code, repositories, open design files, build processes, component libraries, access data to internal systems or technical documentation is only owed if this has been expressly agreed in writing.

17.1 The contractor is entitled to refer to its involvement in an appropriate manner, in particular through a discreet note in the footer of the website, unless otherwise agreed in the offer or contract.

17.2 The contractor is entitled to name and present the client and the project as a reference on its own website, in presentations, social media, portfolios or offer documents, unless the client objects in writing.

18.1 At the client's request, the contractor may provide technical templates, generator texts or samples for imprint, privacy policy, cookie notices or other mandatory texts, or integrate these into the website.

18.2 These services do not constitute legal advice. The contractor assumes no liability for the legal correctness, completeness, currency or permissibility of such texts.

18.3 The client is obliged to have all legal texts reviewed and approved by itself or by appropriate legal counsel. Responsibility for the legal compliance of the website and its content lies with the client.

19.1 The processing of personal data is carried out in accordance with applicable data protection legislation, in particular the GDPR and Austrian data protection law.

19.2 The client acknowledges that Inan Software OG processes client, offer, contract, project, communication and invoice data in internal systems, in particular in a protected subdomain application with a Cloudflare D1 database. Processing is carried out for the purpose of offer preparation, contract processing, project organisation, documentation, communication, invoicing and customer support.

19.3 Resend.com may be used for sending offer, contract, project and system emails. Formspree may be used for contact forms and form forwarding. Details can be found in the privacy policy.

19.4 Personal data is only stored for as long as necessary for the respective purposes. Offer, contract, project and invoice data is generally stored for the duration of the business relationship and thereafter for 7 years from the end of the relevant calendar year, unless legal obligations, proof requirements or legal enforcement require longer storage. Offers not accepted and prospective client data are generally deleted or anonymised at the latest 12 months after the offer validity expires, unless a further business relationship arises.

19.5 If the contractor processes personal data on behalf of the client, the parties shall conclude a separate DPA or incorporate it effectively as a component of the contract.

20.1 The contractor shall remedy, free of charge, technical defects within 12 months of acceptance or handover that were already present at the time of handover and are demonstrably attributable to non-conforming service delivery by the contractor. Further statutory warranty claims remain unaffected to the extent permitted by law.

20.2 No warranty exists for defects caused by subsequent changes by the client or third parties, by third-party providers, by non-agreed use, by defective content, by missing cooperation, by external updates or by circumstances outside the contractor's sphere of influence.

21.1 The contractor is liable without limitation for damages arising from injury to life, body or health. Otherwise, the contractor is only liable for damages caused intentionally or through gross negligence.

21.2 In the event of slightly negligent breach of material contractual obligations, the contractor's liability is limited to the typical, foreseeable damage. Further liability for slight negligence is excluded to the extent permitted by law.

21.3 Liability is, to the extent permitted by law, limited in amount to the net order value of the respective individual contract. For ongoing rental, hosting or availability contracts, liability is limited to the fees paid within the last 12 months.

21.4 Liability for indirect damages, consequential damages, loss of profit, loss of turnover, data loss, reputational damage, business interruption, legal costs of the client or claims of third parties is excluded to the extent permitted by law.

21.5 The contractor is not liable for content, materials, information, legal violations or breaches of duty by the client. The client shall indemnify the contractor accordingly.

22.1 The contractor is entitled to terminate the contract with immediate effect for good cause, in particular in the event of late payment, serious breach of cooperation obligations, unlawful content, misuse of the service, justified security concerns or unreasonable continuation of the cooperation.

22.2 If the client cancels a project before completion or prevents completion through missing cooperation, all services rendered to date, demonstrated expenses, advance services and incurred third-party costs are to be remunerated. Advance payments already made will be offset against these amounts. A remaining difference may be retained as reasonable liquidated compensation for planning and capacity reservation, provided it does not exceed 30% of the total price and is in reasonable proportion to the actual disadvantages.

22.3 Since Inan Software OG's services are directed primarily at businesses in the B2B sector, the client has no general right of withdrawal, cancellation or revocation after the contract is concluded without good cause. Withdrawal, cancellation or early termination is only possible if expressly agreed, a statutory right of withdrawal exists or good cause is present.

22.4 Before the commencement of service delivery, the client may request a cancellation. Costs already incurred, third-party costs, project preparation costs, reserved and reasonably demonstrable capacities and services already rendered may be charged or offset against payments already made. After project start, free-of-charge cancellation is excluded unless expressly agreed otherwise.

23.1 The contractor is not liable for delays, outages or service disruptions due to force majeure or other events outside its sphere of influence. This includes in particular natural events, war, terrorism, pandemics, official measures, power outages, internet outages, server outages, cyber attacks, third-party provider failures or other unforeseeable technical disruptions.

24.1 The contractor endeavours to resolve complaints quickly and amicably. Complaints may be directed to the email address stated in the imprint.

24.2 The contractor's offer is directed primarily at businesses (B2B). The contractor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board, unless there is a statutory obligation to do so.

25.1 Austrian law applies, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.

25.2 The place of performance is the registered office of Inan Software OG. For disputes arising from or in connection with this contractual relationship, the court of subject-matter jurisdiction at the registered office of Inan Software OG shall have jurisdiction, to the extent permitted by law.

25.3 Amendments and additions to the contract require written form or documented electronic form, unless a stricter statutory form is mandatory.

25.4 Should individual provisions of these GTC be or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that comes as close as possible to the economic purpose of the invalid provision.