{"id":1198,"date":"2025-12-05T08:07:25","date_gmt":"2025-12-05T08:07:25","guid":{"rendered":"https:\/\/qyra.cloud\/terms-and-conditions\/"},"modified":"2026-03-27T11:39:12","modified_gmt":"2026-03-27T11:39:12","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/qyra.cloud\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\t\t
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General Terms and Conditions<\/h1>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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1. Scope and validity of the contract<\/strong><\/p>

1.1. All orders and agreements are legally binding only if they are signed in writing and in accordance with the company\u2019s signing authority by the contractor, and they are binding only to the extent stated in the order confirmation. The customer\u2019s purchasing terms and conditions are hereby excluded for the transaction in question and for the entire business relationship. Offers are generally subject to change and non-binding. <\/p>

2. Performance and acceptance testing<\/strong><\/p>

2.1. The subject matter of an order may include:
– Development of organizational concepts
– Overall and detailed analyses
– Creation of custom programs
– Delivery of library (standard) programs
– Acquisition of usage rights for software products
– Acquisition of rights to use works
– Assistance with commissioning (migration support)
– Telephone consulting
– Program maintenance
– Creation of program media
– Other services
2.2. The development of individual organizational concepts and programs (where these GTC refer to software, the two terms are used synonymously) is carried out according to the type and scope of the binding information, documents and tools provided in full by the customer. This also includes practical test data and sufficient testing facilities, which the customer shall provide in good time, during normal working hours and at its own expense. If the customer is already working in live operation on the system provided for testing, responsibility for safeguarding the live data lies with the customer.
2.3. The basis for creating custom programs is the written specification of services, which the contractor prepares for a fee on the basis of the documents and information made available to it, or which the customer provides. The customer must review this specification for accuracy and completeness and confirm its approval. Change requests arising later may lead to separate agreements on deadlines and prices.
2.4. Individually created software or program adaptations require acceptance by the customer for the respective program package no later than four weeks after delivery. This is confirmed by the customer in a protocol. (Verification of accuracy and completeness based on the specification of services accepted by the contractor using the test data provided as listed in section 2.2). If the customer allows the four-week period to elapse without acceptance, the delivered software shall be deemed accepted
as of the end date of that period. If the customer uses the software in live operation, the software shall in any case be deemed accepted.
Any defects that occur, i.e., deviations from the written agreed specification of services, must be reported by the customer to the contractor with sufficient documentation; the contractor will endeavor to remedy defects as quickly as possible. If material defects are reported in writing, meaning that live operation cannot be started or continued, acceptance must be repeated after the defects have been remedied.
The customer is not entitled to refuse acceptance of the software due to minor defects.
2.5. When ordering library (standard) programs, the customer confirms by placing the order that it is aware of the scope of services of the ordered programs.
2.6. If, in the course of the work, it becomes apparent that execution of the order in accordance with the specification of services is factually or legally impossible, the contractor is obliged to inform the customer immediately. If the customer does not amend the specification of services accordingly or does not create the prerequisites for making execution possible, the contractor may refuse execution. If the impossibility of execution is the result of an omission by the customer or a subsequent change to the specification of services by the customer, the contractor is entitled to withdraw from the order. The customer shall reimburse the costs and expenses incurred by the contractor up to that point, as well as any dismantling costs.
2.7. Shipping of program media, documentation and specifications of services shall be at the customer\u2019s expense and risk. Training and explanations requested by the customer beyond this will be invoiced separately. Insurance will be taken out only at the customer\u2019s request.
2.8. We expressly point out that an accessible design (in particular of websites), in particular within the meaning of the Federal Act on the Equal Treatment of Persons with Disabilities (Federal Disability Equality Act \u2013 BGStG), the Federal Act on Barrier-Free Access to Websites and Mobile Applications of the Federal Government (Web Accessibility Act \u2013 WZG) and\/or the Federal Act on Accessibility Requirements for Products and Services (Accessibility Act \u2013 BaFG), which will enter into force on June 28, 2025, is not included in the offer unless it has been requested separately\/individually by the customer. If accessible design has not been agreed, the customer is responsible for reviewing the service for its permissibility with regard to the relevant statutory provisions. The customer must also review content provided by it for legal permissibility, in particular under competition, trademark, copyright and administrative law. In the case of slight negligence or after
fulfillment of any duty to warn, the contractor shall not be liable to the customer for the legal permissibility of content if it was specified by the customer.
2.9. Program documentation will only be created and handed over to the customer if expressly agreed. The same applies to the handover of the source code. In any case, handover requires full payment.
2.10. Any system passwords for services created individually for the customer will only be disclosed to the customer if (a) there is no (longer any) maintenance or support order for the component affected by the system password, (b) all payment obligations of the customer towards the contractor have been fulfilled, (c) the contractor needs the password in order to use, adapt or further develop the service in accordance with the purpose of the contract, and (d) the customer provides the contractor with a waiver of warranty. <\/p>

3. Prices, taxes and fees<\/strong><\/p>

3.1. All prices are in euros excluding VAT. They apply only to the present order. The stated prices are ex works\/office of the contractor. The costs of program media (e.g., memory sticks, DVDs, CDs, magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) as well as any contract fees will be invoiced separately.
3.2. For library (standard) programs, the list prices valid on the day of delivery apply. For all other services (organizational consulting, programming, training, migration support, telephone consulting, etc.), the work effort will be charged at the rates valid on the day the service is provided. Deviations from the time expenditure underlying the contract price that are not attributable to the contractor will be charged according to actual occurrence.
3.3. Travel, daily and overnight allowances will be invoiced to the customer separately at the rates applicable at the time (e.g., collective agreements). If no such rates exist, the actual costs incurred (which must be proven) shall be reimbursed. Travel time is considered working time. <\/p>

4. Delivery date<\/strong><\/p>

4.1. The contractor endeavors to meet the agreed completion (delivery) dates as precisely as possible.
4.2. The targeted completion dates can only be met if the customer provides all necessary work and documents in full by the dates specified by the contractor, in particular the specification of services accepted by it pursuant to section 2.3, and fulfills its cooperation obligations to the required extent.
Delivery delays and cost increases arising from incorrect, incomplete or subsequently amended information and details or documents provided are not attributable to the contractor and cannot place the contractor in default. Any additional costs resulting from this shall be borne by the customer.
4.3. For orders comprising several units or programs, the contractor is entitled to make partial deliveries and\/or issue partial invoices. <\/p>

5. Payment<\/strong><\/p>

5.1. Invoices issued by the contractor, including VAT, are payable within 14 days of receipt of the invoice, without any deductions and free of charges. The payment terms agreed for the overall order apply analogously to partial invoices.
5.2. For orders comprising several units (e.g., programs and\/or training, implementations in partial steps), the contractor is entitled to invoice after delivery of each individual unit or service.
5.3. Compliance with the agreed payment dates is an essential condition for the contractor\u2019s performance of delivery and\/or fulfillment of the contract. Failure to comply with the agreed payments entitles the contractor to suspend ongoing work and withdraw from the contract. All associated costs as well as lost profit shall be borne by the customer.
In the event of late payment, the statutory default interest for business transactions will be charged. If two installments are not paid in the case of installment payments, the contractor is entitled to declare the entire amount due and to call in any accepted bills of exchange.
5.4. The customer is not entitled to withhold payments due to incomplete overall delivery, warranty or guarantee claims, or complaints.
5.5. If, under the order, tangible items are (also) to be transferred into the customer\u2019s ownership, they shall remain the property of the contractor until all claims of the contractor have been paid in full. <\/p>

6. Copyright and use<\/strong><\/p>

6.1. Subject to sections 6.2 and 6.4, after payment of the agreed remuneration the contractor grants the customer a non-exclusive, non-transferable, non-sublicensable and unlimited right to use the software on the hardware specified in the contract and, to the extent of the number of licenses acquired, for simultaneous use at multiple workstations, and to use all work results created by the contractor on the basis of the contract for its own internal purposes. All other rights remain with the contractor.
The customer\u2019s cooperation in the creation of the software does not confer any rights beyond the use stipulated in this contract. No joint authorship of the customer arises. Any infringement of the contractor\u2019s copyrights gives rise to claims for remuneration and\/or damages; in such a case, full satisfaction must be provided.
6.2. If, in the case of creating custom software, an exclusive, sole or equivalent right of use for the customer is agreed, \u00a7 40b of the Austrian Copyright Act applies mutatis mutandis. However, this does not apply to those program components that were created by independent third parties (i.e., persons who did not create the components as employees or contractors of the contractor) and integrated into the software by the contractor (in particular templates, program libraries, etc. created by third parties). In this respect, the applicable license terms for these components shall prevail.
6.3. The customer is permitted to make copies for archiving and data backup purposes on the condition that all copyright and ownership notices are transferred to these copies unchanged.
6.4. If disclosure of the interfaces is necessary to establish interoperability of the software in question, the customer must commission this from the contractor against reimbursement of costs. If the contractor does not comply with this request and decompilation is carried out in accordance with the Copyright Act, the results may be used exclusively to establish interoperability. Misuse will result in liability for damages.
6.5. If the customer is provided with software whose license holder is a third party (e.g., standard software from Microsoft), the granting of the right of use is governed by the license terms of the license holder (manufacturer). <\/p>

7. Right of withdrawal<\/strong><\/p>

7.1. In the event that an agreed delivery period is exceeded due solely to the contractor\u2019s fault or unlawful conduct, the customer is entitled to withdraw from the relevant order by registered letter if, even within a reasonable grace period, the agreed service is not provided in essential parts and the customer is not at fault.
7.2. Force majeure, labor disputes, natural disasters and transport blockades, as well as other circumstances beyond the contractor\u2019s control, release the contractor from the delivery obligation and\/or permit it to reschedule the agreed delivery period.
7.3. Cancellations by the customer are only possible with the contractor\u2019s written consent. If the contractor agrees to a cancellation,
it is entitled, in addition to the services rendered and costs incurred, to charge a cancellation fee of 30% of the total project\u2019s order value not yet invoiced. <\/p>

8. Warranty, maintenance, changes<\/strong><\/p>

8.1. The contractor warrants that the software performs the functions described in the associated documentation, provided that the software is used on the operating system described in the contract.
8.2.
8.2.1. A prerequisite for error correction is that
– the customer notifies the contractor of the error within the period of \u00a7 377 UGB (as applicable, mutatis mutandis);
– the customer describes the error sufficiently in an error report so that it is identifiable for the contractor;
– the customer provides the contractor with all documents required for error correction;
– the customer or a third party attributable to it has not interfered with the software;
– the software is operated under the intended operating conditions in accordance with the description;
8.2.2. In the case of warranty, rectification shall in any case take precedence over price reduction or termination of the contract. In the event of a justified notice of defects, the defects will be remedied within a reasonable period, whereby the customer enables the contractor to take all measures required for investigation and remedy of defects.
The presumption of defectiveness pursuant to \u00a7 924 ABGB is excluded.
8.2.3. Corrections and additions that prove necessary up to the handover of the agreed service due to organizational and programming-related defects for which the contractor is responsible will be carried out by the contractor free of charge.
8.3. Costs for assistance, fault diagnosis, and the elimination of faults and disruptions for which the customer is responsible, as well as other corrections, changes and additions, will be carried out by the contractor against payment. This also applies to the remedy of defects if program changes, additions or other interventions have been made by the customer itself or by third parties.
8.4. Furthermore, the contractor assumes no warranty for errors, disruptions or damage attributable to improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational tools and data carriers where such are prescribed, abnormal operating conditions (in particular deviations from installation and storage conditions), as well as transport damage.
8.5. Any warranty by the contractor is excluded for programs that are subsequently modified by the customer\u2019s own programmers or by third parties.
8.6. If the subject matter of the order is the modification or addition of existing programs, the warranty relates to the modification or addition. The warranty for the original program is not revived thereby.
8.7. The warranty period is six (6) months from handover. The customer\u2019s warranty rights and any claims arising therefrom shall in any case become time-barred one (1) month after the end of the warranty period. The possibility of raising an objection against the remuneration claim within the meaning of \u00a7 933(3) ABGB is excluded.
8.8. The obligation to provide updates pursuant to \u00a7 7 VGG in conjunction with \u00a7 1(3) VGG is excluded in its entirety unless expressly agreed otherwise. With regard to updates\/upgrades, only the relevant agreements between the contracting parties shall apply. <\/p>

9. Liability<\/strong><\/p>

9.1. The contractor is liable to the customer for demonstrably culpable damage only in cases of gross negligence. This applies mutatis mutandis to damage attributable to third parties engaged by the contractor. In the event of culpable personal injury, the contractor\u2019s liability is unlimited.
9.2. Liability for indirect damage\u2014such as lost profit, costs associated with business interruption, data loss or claims by third parties\u2014is expressly excluded.
9.3. Claims for damages become time-barred in accordance with statutory provisions, but no later than one year after becoming aware of the damage and the party causing it.
9.4. If the contractor performs the work with the assistance of third parties and warranty and\/or liability claims against these third parties arise in this context, the contractor assigns these claims to the customer. In this case, the customer shall primarily pursue these third parties.
9.5. If data backup is expressly agreed as a service, liability for loss of data is not excluded, contrary to section 9.2; however, liability for restoring the data is limited to a maximum of 10% of the order value per claim, but no more than EUR 15,000. Any warranty and damages claims of the customer beyond those stated in this contract\u2014regardless of the legal basis\u2014are excluded. <\/p>

10. Loyalty<\/strong><\/p>

10.1. The contracting parties undertake to be mutually loyal. They shall refrain from any solicitation and employment, including via third parties, of employees of the other contracting party who worked on the implementation of the orders, during the term of the contract and for 12 months after termination of the contract. The contracting party in breach is obliged to pay liquidated damages in the amount of one annual salary of the employee. <\/p>

11. Data protection<\/strong><\/p>

11.1. The contractor obliges its employees to comply with the provisions pursuant to \u00a7 6 of the Data Protection Act.
11.2. The privacy notice within the meaning of Articles 13 and 14 GDPR is enclosed with the order. <\/p>

12. Confidentiality<\/strong><\/p>

12.1. Each contracting party assures the other that it will treat as trade secrets all business secrets disclosed to it by the other in connection with this contract and its performance, and will not make them accessible to third parties, insofar as they are not generally known, or were already known to the recipient previously without an obligation of confidentiality, or are communicated or made available to the recipient by a third party without an obligation of confidentiality, or were demonstrably developed independently by the recipient, or must be disclosed on the basis of a final administrative or judicial decision.
12.2. Subcontractors affiliated with the contractor shall not be deemed third parties insofar as they are subject to a confidentiality obligation corresponding in substance to this section. <\/p>

13. Final provisions<\/strong><\/p>

13.1. Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively under Austrian law, even if the order is carried out abroad. For any disputes, the exclusive local jurisdiction of the court with subject-matter jurisdiction at the contractor\u2019s registered office is agreed.
13.2. Should one or more provisions of this contract be or become wholly or partially invalid, the remaining content of this contract shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision of similar intent that comes closest to the invalid and\/or unenforceable clause.
The Professional Association for Management Consulting, Accounting and Information Technology recommends the following mediation clause as a business-friendly means of dispute resolution:
In the event of disputes arising from this contract that cannot be resolved amicably, the contracting parties mutually agree to engage registered mediators (ZivMediatG) specializing in business mediation from the list of the Ministry of Justice for the out-of-court settlement of the conflict. If no agreement can be reached regarding the selection of the business mediators or regarding the content, legal steps will be initiated no earlier than one month after negotiations have failed.
In the event of mediation not being concluded or being discontinued, Austrian law shall apply in any court proceedings that may be initiated. All necessary expenses incurred as a result of prior mediation, in particular those for an engaged legal advisor, may, by agreement, be claimed as \u201cpre-litigation costs\u201d in court or arbitration proceedings. <\/p>

14. Applicable law<\/strong><\/p>

Austrian law shall apply exclusively to the legal relationships, excluding the rules of private international law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. <\/p>

15. Place of performance and jurisdiction<\/strong><\/p>

15.1. The place of performance is the registered office of Jomco GmbH.
15.2. The place of jurisdiction for all disputes arising directly shall be the Austrian court with local and subject-matter jurisdiction for the registered office of Jomco GmbH. <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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Addendum to the General Terms and Conditions\nfor the sale and delivery of organizational and programming services and licenses to use works for software products regarding liability for security solutions (B2B)\n<\/h3>\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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Supplementary liability provisions for security solutions of any kind<\/p>

1. Electronic security solutions are any electronic systems intended to protect persons and\/or property (e.g., land and paths; buildings and structures; operating facilities and machinery; vehicles, etc.) against undesired effects, uses and\/or commissioning (destruction, injury, removal, unauthorized commissioning, etc.), whether caused by intentional or unintentional behavior, chance, natural events, etc., e.g., security solutions such as alarm and video surveillance systems, electronic access controls, water, fire and\/or smoke detectors, etc. The person and\/or property intentionally monitored by the security solution is hereinafter referred to as the protected object. Other persons and\/or property located in or on the protected object to which the protective purpose also extends are the protected items. <\/p>

2. The customer is obliged to inform the contractor in writing of the material and\/or immaterial value of the protected object, including the protected items. If this is not done, a total value of the protected object including the protected items of \u20ac5,000 shall be assumed, and any liability shall be limited in amount to this value. In any case, the contractor\u2019s liability is limited to the maximum amount of any liability insurance that may have been taken out. <\/p>

3. If the installation and\/or use of the security solution depends on the consent\/approval of third parties (e.g., works agreements, consents, etc.), the customer must obtain this itself. The same applies to any official notifications and\/or approvals, unless the contractor has expressly been commissioned to handle them. <\/p>

4. The security solution provides only those functionalities that result from the documents existing for this purpose (e.g., product description, technical data sheet, tender text, operating instructions, etc.) and other written information provided for this purpose. The contractor assumes no liability for their accuracy or completeness, provided that the documents or information mentioned do not originate from the contractor itself. <\/p>

5. The contractor\u2019s liability is governed by the provisions set out in the general terms. In addition, the following applies: <\/p>

  • The customer must report any damage that occurs to the contractor no later than one (1) month after it becomes known to the customer, otherwise the claims will be forfeited. The contractor assumes no liability for damage caused by failure to carry out required or regular maintenance of the security solutions (unless the contractor itself was commissioned with maintenance), improper use, or non-compliance with operating and\/or installation instructions. In addition, the contractor\u2019s liability is excluded if a function of the security solution fails due to active or passive third-party interference, whether through manipulation or by overcoming the security solution. <\/li>
  • If changes have been made to the security solution by persons other than the contractor (including third parties engaged by it), or if the defect or damage is based on supplies or cooperation not attributable to it (in particular those of the customer), all warranty and liability shall lapse. The same applies if the defect or damage is based on configuration instructions from the customer that deviate from those recommended by the contractor or the manufacturer. The same applies to damage resulting from natural wear and tear or improper handling. <\/li>
  • No liability is assumed for malfunctions of the security solutions, in particular due to force majeure, environmental influences, or human, animal or other third-party interference.<\/li>
  • If the security solution relies on a communication system that is not part of the security solution (such as an internet, mobile or telephone connection), the customer is responsible for the functionality of the communication system. The contractor assumes no liability for failure of the communication system or other damage occurring as a result of such failure. <\/li>
  • Insofar as the security solution uses an internal communication system (e.g., Bluetooth, internal Wi-Fi, radio), the contractor will position it in such a way that functional communication is ensured. If communication does not function properly due to a positioning request by the customer, the contractor assumes no liability for this or for any resulting damage. In this case, any additional costs to restore functionality shall in any event be borne by the customer at the usual rates. <\/li>
  • For damage attributable to a functional failure of the security system for which the contractor is responsible, the contractor is liable only if the failure is demonstrably brought to the contractor\u2019s attention immediately after it occurs and the contractor does not remedy the failure within 24 hours. The customer is reminded of its duty to mitigate damages. <\/li><\/ul>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

    General Terms and Conditions 1. Scope and validity of the contract 1.1. All orders and agreements are legally binding only if they are signed in writing and in accordance with the company\u2019s signing authority by the contractor, and they are binding only to the extent stated in the order confirmation. The customer\u2019s purchasing terms and […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-1198","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/pages\/1198","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/comments?post=1198"}],"version-history":[{"count":1,"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/pages\/1198\/revisions"}],"predecessor-version":[{"id":1199,"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/pages\/1198\/revisions\/1199"}],"wp:attachment":[{"href":"https:\/\/qyra.cloud\/en\/wp-json\/wp\/v2\/media?parent=1198"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}