Terms and conditions

(hereinafter referred to as "WS")

1. General

All our offers, order acceptances, contract conclusions, and other legal declarations are made exclusively under the conditions set forth below and our contract and support conditions. Deviations from these, especially by sending differing terms and conditions of our customers, are only agreed upon if we have expressly agreed to them in writing beforehand. Oral agreements or arrangements only become effective with our written confirmation. The exact scope of services is defined in our contract and support conditions.

2. Offer and Contract Conclusion

Our offers are always non-binding until the final contract conclusion; a legally binding contract is only concluded with the dispatch of our order confirmation to the customer. The content of the contract is determined solely by the order confirmation and, additionally, by our contract and support conditions.

3. Usage Rights

All proprietary or potential proprietary rights to our products belong exclusively to WS. By purchasing the product, the customer is only entitled to use these proprietary rights to the contractually agreed extent (for their own purposes); any usage rights are granted only as a usage license (solely for the expressly contractually agreed use by the customer themselves). The transfer/assignment of usage rights to third parties is only permitted with the express prior written consent of WS.

4. Customer Responsibility

The customer is obligated to comply with all legal regulations related to the use of the product created by WS (both towards WS and third parties). Materials provided by the customer, such as data, images, other information, etc., and instructions from the customer regarding the creation and content of the product are not checked by WS for compliance with legal regulations or potential third-party rights. In this regard, the customer must fully indemnify and hold WS harmless in the event of claims by third parties.

5. Delivery and Inspection Obligation

The delivery of products created by WS is considered completed with the installation at the customer's site. For websites, delivery is done by notifying the customer of the completion via email.

Any defects must be reported in writing by the customer immediately after delivery, proving such report (otherwise all (warranty) claims are forfeited per § 377 para 2 UGB). From the time of delivery, the customer bears the burden of proof for the presence of (alleged) defects.

To assess defects, only the specification created jointly with the customer is considered. The warranty period ends in any case 6 months after delivery. If there are justified defects, the customer is primarily entitled to have WS carry out the improvement.

6. Payment

Unless otherwise agreed, payments are due immediately upon invoicing, without any deductions.
The customer is not entitled to withhold payments from the contract concluded with WS for any reason whatsoever. Offsetting against claims of WS with (alleged) counterclaims - of any kind or from any title - by the customer is excluded.
If the customer is in default of payment to WS, WS is entitled to suspend all (further) deliveries of goods and all support services (from all contractual relationships) until all outstanding claims of the customer are settled.

7. Customer Delivery Delay

If the customer is delayed in providing materials, especially documents, information, etc., or other contributions to the creation of the product, WS can withdraw from the contract by setting a two-week grace period. In this case, the customer has no claim to the return of any down payment made, which thus forfeits in favor of WS. Additionally, WS is entitled to invoice the services rendered up to that point beyond the down payment.

8. Liability

WS is not liable for damages claimed by the customer due to slight negligence, except for liability for personal injuries. In this context, it is mutually agreed that WS does not hold an economic preeminence or monopoly position, so such a liability exclusion is permissible. Liability for (alleged) consequential damages, financial losses, lost profits, unrealized savings, interest losses, and damages from third-party claims against the customer is excluded.

9. Data Protection

The customer authorizes WS to process, store, and evaluate the data received in connection with the business relationship in accordance with the Data Protection Act. This is especially for fulfilling and handling contractual obligations.

10. Final Provisions

The contract concluded between WS and the customer is a mutually commercial transaction. The contractual relationship with the customer is governed exclusively by Austrian law, excluding conflict of law rules and the UN Sales Convention.

For disputes arising from this contractual relationship, the exclusive jurisdiction of the court competent for A-6020 Innsbruck is agreed upon.

11. Payment

Credit card payments in favor of WS are collected by TREKKSOFT AG, Hauptstrasse 15, 3800 Matten, Switzerland ("TREKKSOFT"). TREKKSOFT will appear as TREKKSOFT TOUR BOOKING on your credit card statement. The domain in which you enter and process your payment is owned and operated by TREKKSOFT. Please email support@payyo.ch for any inquiries regarding your credit card payments and chargebacks.

As of: 02.04.2024
Waldhart Software GmbH