General Terms and Conditions (AGB)

For the sale and delivery of organisation, programming services and work usage licences for software products (B2B).

1. Scope and validity of the contract

1.1. All contracts and agreements between the Client and alta gama (hereinafter "Contractor") shall only be legally binding if they are signed by the Contractor in writing and are only binding to the extent specified in the order confirmation. The Client's purchase terms and conditions are hereby excluded for the legal transaction in question and the entire business relationship.

1.2. Quotes are generally non-binding.

2. Performance and testing

2.1. Services may include: Development of organisational concepts, global and detailed analyses, creation of individual programmes, delivery of standard programmes, acquisition of user authorisations for software products, acquisition of work usage licences, assistance with commissioning, consulting services, programme maintenance, creation of programme carriers, and other services.

2.2. The creation of individual software shall be based on the written performance specification prepared by the Contractor on the basis of the documents and information provided to it by the Client.

2.3. The Client shall inspect the delivered software for any defects immediately after delivery. Any defects must be notified to the Contractor in writing with sufficient documentation.

3. Prices, taxes and fees

3.1. All prices are quoted in Euros without value added tax. They shall only apply to the present order.

3.2. All customs duties, levies, etc. shall be borne by the Client.

4. Delivery date

4.1. The Contractor shall endeavour to meet the agreed dates for performance as closely as possible.

4.2. Delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed data and information or documents made available shall not be the responsibility of the Contractor and cannot result in the Contractor being in default.

5. Payment

5.1. The invoices submitted by the Contractor are payable no later than 14 days from the date of invoice without any deductions and free of charges.

5.2. In the event of default of payment, default interest at the statutory rate shall be charged.

6. Copyright and Usage

6.1. All copyrights to the agreed services (programs, documentation, etc.) are owned by the Contractor or its licensors. The Client shall only receive the right to use the software after payment of the agreed fee exclusively for its own purposes, only for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations.

6.2. This contract only grants a work usage authorization. Any distribution by the Client is prohibited under the Copyright Act.

7. Warranty

7.1. Notices of defects are only valid if they concern reproducible defects and if they are made in writing and documented within 4 weeks of delivery of the agreed service. In the case of a justified notice of defects, the defects will be remedied within a reasonable period of time, whereby the Client shall enable the Contractor to take all measures necessary for the investigation and remedy of the defects.

8. Liability and Damages

8.1. The Contractor shall be liable to the Client for damages demonstrably caused by the Contractor only in the event of gross negligence. This shall also apply mutatis mutandis to damages attributable to third parties engaged by the Contractor.

8.2. Liability for indirect damages - such as loss of profit, costs associated with business interruption, data loss or claims by third parties - is expressly excluded.

9. Withdrawal from the Contract

9.1. The Contractor is entitled to withdraw from the contract if the Client fails to meet its obligations to cooperate or is in default with the payment of due invoices.

9.2. Cancellations by the Client are only possible with the written consent of the Contractor.

10. Client's Obligations and Loyalty

10.1. The Client undertakes to provide all information and documents required for the performance of the order in a timely manner.

10.2. The contracting parties undertake to be loyal to each other. They shall refrain from any enticement and employment, including through third parties, of employees who have worked on the realization of the orders of the other contracting party during the term of the contract and for 12 months after the termination of the contract.

11. Final Provisions

11.1. Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract.

11.2. Amendments and supplements to this contract must be in writing.

11.3. Austrian law shall apply exclusively.

11.4. The place of jurisdiction shall be Innsbruck, Austria.