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Terms and Conditions (AGB)


1. Scope of Application

These Terms and Conditions (T&C) govern the collaboration between SchratTech (Simon Schratter), hereinafter referred to as the "Contractor", and its clients, hereinafter referred to as the "Client", for services in the areas of "Build" (development and creation) and "Run" (maintenance, hosting, and support).

2. Scope of Services for Build and Run

  • Build: The scope of services for the creation of software, websites, or other IT solutions is determined by the respective individual offer or functional specification. Changes and extensions to the scope of services require written agreement.
  • Run: Operational services (e.g., hosting, maintenance, updates, monitoring) are defined in a separate Service Level Agreement (SLA) or offer. The Contractor provides these services to the best of their knowledge and belief using current technical standards.

3. Client's Duties of Cooperation

The Client undertakes to support the Contractor in the provision of services in the best possible way. This includes in particular:

  • The timely provision of all information, data, texts, images, and access data required for implementation in a processable format.
  • The timely review and approval of drafts and milestones.

If the Client fails to meet their cooperation obligations in a timely manner, agreed deadlines and dates shall be postponed accordingly. Any resulting additional effort may be invoiced by the Contractor.

4. Availability Window & Support

The exact times of availability for inquiries, support, and fault reporting within the scope of operations (availability window) as well as the respective response times are agreed upon individually with the Client in the respective Service Level Agreement (SLA) or maintenance contract.

If no separate SLA has been agreed, inquiries will be processed during the Contractor's regular business hours on a best-effort basis, without any guarantee of specific response or resolution times.

5. Escalation Path

Should critical disruptions occur during ongoing operations or disagreements arise during the project, the following escalation path applies:

  • Level 1 (Regular Operation): Report the incident by email to support@schrattech.at
  • Level 2 (Urgent Disruptions): In the event of critical system failures within the availability window defined in the SLA, a telephone report to +43 660 7269697 is required.
  • Level 3 (Project management): If a problem at Levels 1 and 2 cannot be resolved within the response time agreed in the SLA, direct coordination between the Client's project management and SchratTech will take place to define a special solution.

6. Payment Terms

  • Unless otherwise agreed in the offer, invoices are due for payment without deduction within 14 days of the invoice date.
  • In the event of default in payment, the Contractor is entitled to charge statutory default interest and, after an unsuccessful reminder, to suspend services (in particular operation/hosting) until full payment is made.

7. Note on the Small Business Exemption

In accordance with the small business exemption (Kleinunternehmerregelung, § 6 Abs 1 Z 27 UStG), no value-added tax (VAT) is shown or charged on the Contractor's invoices.

8. Liability

  • The Contractor is only liable for damages in cases of intent or gross negligence. Liability for slight negligence, lost profit, consequential damages, data loss, or damages from third-party claims is excluded, to the extent permitted by law.
  • Towards consumers within the meaning of the KSchG, these limitations apply only to the extent that § 6 KSchG permits them. Liability for personal injury remains unaffected in all cases.
  • The Contractor is not liable for content (such as texts, images, legal documents) provided by the Client. The legal responsibility for the created websites/products (e.g., legal notice, privacy policy) lies with the Client.
  • The Contractor assumes no liability for service outages caused by third parties (e.g., server providers, external APIs).

9. Notice Periods for Operation

  • Contracts for ongoing operational services (maintenance, hosting) are concluded for an indefinite period, unless otherwise agreed.
  • They can be terminated by either party in writing (email is sufficient), to the end of the month, with the notice period set in the SLA.
  • The right to termination without notice for good cause remains unaffected.

10. Rights to Code and Content

  • Upon full payment of the agreed remuneration, the Contractor grants the Client a right to use the created works (design, individual code), unrestricted in time and territory, for the contractually intended purpose.
  • Copyrights and rights to base code, scripts, or frameworks developed by SchratTech that were not developed exclusively for the Client remain with the Contractor.
  • The rights to the content provided by the Client (logos, texts, images) remain with the Client.

11. Jurisdiction and Applicable Law

  • This legal relationship is subject exclusively to Austrian law.
  • Graz is agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.