Allgemeine Geschäftsbedingungen

Herzlich Willkommen zu deinen Allgemeinen Geschäftsbedingungen.
 
Applicability, Conclusion of Agreements

HACKNER Security Intelligence provides services on the basis of these General Terms and Conditions and the respective individual agreement or order. General terms and conditions of the customer do not apply, even if the customer refers to them in a standard order form or otherwise in connection with an order and HACKNER Security Intelligence does not expressly object to them.

In addition to the individual agreement, these General Terms and Conditions constitute the entire agreement between the customer and HACKNER Security Intelligence with regard to the content of the services of HACKNER Security Intelligence. Any deviating agreements made earlier or verbal agreements are not valid; they are replaced by these General Terms and Conditions and the individual agreement.Changes and additions are only effective if they have been agreed in writing. The establishment of obligations at the expense of HACKNER Security Intelligence requires the signature of an authorized representative of HACKNER Security Intelligence. Declarations contained in offers, acceptances, letters of confirmation or other correspondence are only binding on HACKNER Security Intelligence if they have been expressly agreed in the individual agrreement. The cancellation of this written form requirement also irrevocably requires the written form.

Scope and Performance of Services

HACKNER Security Intelligence undertakes to properly perform its agreed services. The scope of the services results from the respective binding service description in the individual agreement.

Performance dates and deadlines are only binding if they have been designated as binding in the individual agreement.

 Organisational Guidelines

 HACKNER Security Intelligence and the customer each appoint a contact person responsible for the project who can make and receive binding declarations for the party from which he is appointed. The contact person will only be replaced by another person for good cause.

HACKNER Security Intelligence is entitled to engage third parties as subcontractors for the fulfillment of their duties. HACKNER Security Intelligence is also responsible in this case for the contractual fulfillment of the agreed obligations and is responsible to the customer for employing sufficiently qualified personnel to carry out the services.

The personnel of HACKNER Security Intelligence who provide services are subject exclusively to the right of instruction and supervision of HACKNER Security Intelligence. HACKNER Security Intelligence itself or the contact person named by HACKNER Security Intelligence is the sole contact towards the customer for all questions and requirements.

Remuneration

Remuneration shall be calculated on a time and material basis, unless the parties agree otherwise in writing in the individual agreement. Time and material related remuneration is invoiced by HACKNER Security Intelligence per end of month.

If the workload of HACKNER Security Intelligence or its subcontractors is, due to incomplete or insufficient information of the customer or improper cooperation of the customer, beyond the cost estimates on which an agreed fixed price is based, HACKNER Security Intelligence is entitled to a corresponding increase of the original remuneration at the respective valid rates of HACKNER Security Intelligence.

If services cannot be provided for reasons for which HACKNER Security Intelligence is not responsible or which are within the customer’s sphere of responsibility, HACKNER Security Intelligence shall be entitled to the agreed remuneration, unless the customer proves that the affected HACKNER Security Intelligence employees have been deployed elsewhere.

The invoices submitted are due for payment within 14 days of receipt by transfer of the invoice amount to an account at an Austrian bank to be notified by HACKNER Security Intelligence.

All prices are exclusive of the applicable statutory value added tax and all other taxes, public charges or other cash expenses (such as third-party costs).

The customer is not entitled to offset claims unless such claims are validly ascertained by court or undisputed. HACKNER Security Intelligence retains title to all deliveries and services until full payment has been received. Several customers under an agreement are jointly and severally liable.

 Warranty

HACKNER Security Intelligence warrants that the agreed services are carried out by appropriately qualified personnel with appropriate care and in a proper manner. HACKNER Security Intelligence does not warrant a certain result or success.

No warranty claims can be asserted from information in brochures, promotional materials and general product and service descriptions and other written or verbal statements that have not been expressly included in the individual agreement, nor due to minor or insignificant defects.

HACKNER Security Intelligence is not obliged to provide a warranty with regard to services rendered if a deficiency is caused by a change in performance that was neither carried out by HACKNER Security Intelligence nor permitted by HACKNER Security Intelligence.

If work in connection with the assertion of warranty claims reveals that the customer has no claim to warranty, HACKNER Security Intelligence is entitled to charge costs incurred according to time and material on the basis of the agreed prices.

The customer shall immediately give notice of alleged defects in writing with an exact description of the problem. Only the contact person of the customer or his deputy are entitled to deliver notice.

The warranty period is six mon HACKNER Security Intelligence is only liable to the customer for damages unlawfully caused by HACKNER Security Intelligence to the extent that HACKNER Security Intelligence is guilty of intent or blatant gross negligence. The damage and the causal connection of the actions of HACKNER Security Intelligence or its employees or subcontractors for the damage incurred, as well as intent or gross negligence must be proven by the customer. ths.

 Liability

HACKNER Security Intelligence is only liable to the customer for damages unlawfully caused by HACKNER Security Intelligence to the extent that HACKNER Security Intelligence is guilty of intent or blatant gross negligence. The damage and the causal connection of the actions of HACKNER Security Intelligence or its employees or subcontractors for the damage incurred, as well as intent or gross negligence must be proven by the customer.

Liability of HACKNER Security Intelligence for slight and simple gross negligence as well as for indirect and consequential damages and damages to data, as far as legally permissible, is excluded.

This limitation of liability applies to all claims for damages, irrespective of their legal basis, in particular also with regard to pre-contractual and ancillary claims.

Claims for damages of the customer against HACKNER Security Intelligence must be asserted within a period of six months from knowledge of the damage.

Special Liability Provisions

The customer is aware that even in the case of a controlled attack on a company, which is carried out as part of a security check for testing purposes, there are risks of damage, of rendering data and/or software unusable or of destroying them. Therefore, the customer assumes the following obligations.

The customer undertakes to comply with the precautions described in more detail in clause 7.5. In the event of non-compliance with these precautions, HACKNER Security Intelligence shall not be liable for any damage resulting from the security check. The customer shall bear the burden of proof for compliance with the precautions.

The customer assumes sole liability that all data and software stored or otherwise used by him are properly secured and that he has backup copies of all data stored and/or processed by him before the agreed start of the external security check/security review.

 Obligations of the Customer

 The customer shall provide all necessary and expedient supplies, contributions and measures in good time and at his own expense and create the conditions for HACKNER Security Intelligence to take the agreed measures.

The customer shall provide the necessary support to the employees of HACKNER Security Intelligence and their agents and shall provide the necessary qualified personnel to enable HACKNER Security Intelligence to perform the agreed services.

Details regarding the cooperation and contributions of the customer are to be stipulated in the individual agreement or in additions thereto.

Termination

Agreements enter into force upon signature by both parties. Agreements that do not have a fixed term are concluded for an indefinite period. They can be terminated in writing to the end of a month with six months’ notice.

Each party is entitled to terminate an agreement for cause in writing, subject to 30 days’ notice, if the other party is in breach of a material provision of this agreement and fails to bring the breach to an end and to remedy the consequences of the breach within a period which, in general, shall not be less than 30 days.

Each party is entitled to terminate an agreement with immediate effect if insolvency proceedings are rejected for lack of sufficient funds to cover costs or if the other party ceases its business, terminates its business outside of insolvency or is no longer in a position to meet its payment obligations under the agreement.

Severability Clause

Should any provision of an agreement be or become invalid or the agreement contain an omission requiring completion, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or missing provision, the legally permissible provision shall be deemed to have been agreed which comes as close as possible in economic terms to the result intended by the parties.

Applicable Law and Venue

Agreements and all claims arising from or in connection therewith are subject to Austrian substantive law under exclusion of its conflict of laws provisions and of the UN Convention on Contracts for the International Sale of Goods. 

For all disputes arising from an agreement or relating to its violation, dissolution or nullity, the competent court for Vienna Inner City/Austria shall have exclusive jurisdiction. However, HACKNER Security Intelligence is entitled to assert claims against the customer at any other legal place of jurisdiction. 

The customer and HACKNER Security Intelligence agree to treat the existence, content and outcome of each procedure confidentially, unless otherwise required by applicable law.