Terms and conditions

1. Scope: business customers only

These terms apply to all services of Bleier Solutions – Raphael Bleier, Robatschgasse 11, 9020 Klagenfurt am Wörthersee (hereinafter "the contractor").

The contractor provides services exclusively to entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code) and to legal entities under public law. Contracts with consumers within the meaning of § 1 para 1 no 2 KSchG (Austrian Consumer Protection Act) are not concluded and are expressly excluded. By placing an order the client confirms that the contract is concluded as part of its business.

Deviating terms of the client are objected to; they apply only if they have been agreed to in writing.

2. Offer and conclusion of contract

Presentations on the website, in particular price statements and service descriptions, are non-binding and do not constitute an offer in the legal sense. A contract comes about only with the written order confirmation of the contractor or with the start of performance.

Unless stated otherwise, offers of the contractor are valid for 30 days from the date of issue.

3. Non-binding estimate

Estimates are prepared pursuant to § 1170a para 2 ABGB (Austrian Civil Code) without warranty as to their accuracy. No liability is accepted for the amount estimated.

If it becomes apparent during the work that a considerable overrun of the estimate is unavoidable, the contractor gives notice of this without delay. If that notice is omitted, the contractor loses the claim to payment for the additional work.

Price figures from a price calculator on this website are estimates for a first orientation and do not establish a claim.

4. Duties to cooperate

The client provides all content, access and information needed for performance in good time, in full and in usable form. This includes in particular text, images, logos and access to servers, domains and accounts.

The client confirms that it holds the necessary rights to all content it supplies and indemnifies the contractor against claims of third parties arising from such content.

Delays arising from a failure to cooperate extend agreed deadlines accordingly.

Additional work outside the agreed scope is not charged by time spent. It comes about solely through a separate written fixed-price offer which the client approves before the additional work begins. Without that approval no claim to additional payment arises.

5. Prices, payment and default

All prices are net amounts. The contractor is a small business pursuant to § 6 Abs 1 Z 27 UStG (Austrian VAT Act); VAT is neither shown nor charged.

Invoices fall due for payment without deduction within 14 days of the invoice date. For projects with an order value of €2,000 or more, a down payment of 40 percent is due when the order is placed.

In the event of late payment, default interest at the statutory rate pursuant to § 456 UGB is due, as is the flat rate for collection costs pursuant to § 458 UGB. Further reminder and collection costs are to be reimbursed in a reasonable amount.

The contractor is entitled to suspend ongoing services until due invoices have been paid in full. Set-off against disputed counterclaims is excluded.

6. Rights of use

The rights to the works created, in particular source code, design and copy, pass to the client only upon payment in full of all amounts owed under the order. Until then there is merely a revocable right of use for test operation.

After payment in full the client receives a non-exclusive right of use, unlimited in time and territory, to the agreed deliverable for the agreed purpose.

Libraries, frameworks and building blocks used by the contractor which it also uses in other orders remain with the contractor; the client receives a simple right of use to them within the scope of the order.

The contractor may name the service provided as a reference, naming the client, only with the express written approval of the client. Without that approval the order appears neither on the website nor in offers.

7. Maintenance and support

Maintenance and support contracts are concluded for an indefinite period and run for at least twelve months. After that they can be terminated in writing by either side with one month notice to the end of a month.

The right to terminate for good cause remains unaffected. Good cause exists in particular where payment is more than 30 days late.

Fees for support services are payable in advance for the agreed billing period.

8. Warranty and liability

The client must inspect the service without delay after handover and give notice of defects in writing and comprehensibly within 14 days. Where notice is justified, the defect is first remedied.

The contractor is liable for intent and gross negligence. Liability for slight negligence is excluded except in the case of personal injury. Compensation for consequential loss, lost profit, loss of data and losses arising from claims of third parties is excluded.

Liability is limited in amount to the value of the respective order. Claims for damages lapse six months after the damage and the party causing it become known.

No liability is accepted for the operation of third party services, in particular hosting platforms, interfaces and third party models. The contractor does not owe any particular commercial result, in particular no ranking in search engines and no number of inquiries.

9. Final provisions

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

The place of jurisdiction agreed is the court with subject matter jurisdiction for 9020 Klagenfurt am Wörthersee.

Amendments and additions must be in writing; this also applies to any waiver of this requirement of form. If a provision is invalid, the contract remains valid in other respects; the invalid provision is replaced by a rule that comes closest to its commercial purpose.