General Terms and Conditions
elajos GmbH · As of: July 2022
Scope
These General Terms and Conditions apply to all contracts, offers and services between elajos GmbH (hereinafter referred to as "We" or "our company") and its customers (hereinafter referred to as "You" or "Customer") in connection with IT services. Deviating or supplementary conditions of the customer only apply if we expressly agree to them in writing.
Services
We offer IT services such as support, maintenance, consulting and implementation of IT solutions. The exact scope of services is defined in separate contracts or offers. We strive to perform the agreed services with care and expertise. Nevertheless, we cannot guarantee the achievement of specific results.
Contract Formation
A contract is concluded by written agreement, order confirmation or verbal arrangement. Our offers are subject to change and non-binding unless expressly agreed otherwise.
Prices and Payment Terms
The prices for our services are agreed upon in offers or contracts. All prices are exclusive of statutory VAT unless otherwise stated. Invoices are payable within a specified period unless otherwise agreed. In the event of late payment, we reserve the right to charge interest at 9.2% above the applicable base rate. You are not entitled to withhold payments due to counterclaims or other claims unless these have been acknowledged by us in writing or are legally established.
Limitation of Liability
We are not liable for damages caused by improper use of our services or by the use of third-party products. Our liability is limited to intent and gross negligence. We accept no liability for damages or losses caused by force majeure, natural disasters, power outages, computer viruses or other circumstances beyond our control.
Intellectual Property
All intellectual property rights, including software, documentation and developments, remain with us or our licensors. Use or distribution without our express permission is prohibited. You are not permitted to copy, modify, decompile or otherwise use our services, documentation or developments unless expressly agreed in writing.
Confidentiality
We undertake to treat all confidential information provided to us in the course of cooperation as confidential and not to disclose it to third parties unless there is a legal obligation to do so. The confidentiality obligations continue after termination of the cooperation.
Data Protection
We comply with applicable data protection regulations and process personal data only within the framework of our contractual agreements or with the customer's consent. For more information on the processing of personal data, please refer to our Privacy Policy.
Termination
Contracts may be terminated subject to an agreed notice period or for good cause. The exact termination conditions are set out in the respective contracts.
Final Provisions
Amendments or additions to these Terms and Conditions must be in writing. Verbal side agreements are not valid. Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected. The law of the Republic of Austria applies. The place of jurisdiction for all disputes arising from or in connection with these Terms and Conditions is our registered office, provided you are a merchant or a legal entity under public law.