General Terms and Conditions (GTC)
Ing. Thomas Woitischek - WITAS Woitischek IT and Advisory Services
Am Rain 1
8734 Lobmingtal
Austria
As of: May 2026
Note: These General Terms and Conditions are governed by Austrian law. The German version is legally binding; this English translation is provided for convenience only.
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") apply to all services, consulting, work performed, deliveries, and other services provided by Ing. Thomas Woitischek - WITAS Woitischek IT and Advisory Services (hereinafter "WITAS") to its clients (hereinafter "Client").
1.2 WITAS provides services exclusively to businesses within the meaning of § 1 KSchG and § 1 UGB (Austrian Commercial Code). Contracts with consumers are excluded.
1.3 Deviating, conflicting, or supplementary terms of the Client shall only become part of the contract if WITAS has expressly agreed to their validity in text form (e.g. by email). This also applies if WITAS performs services without reservation while being aware of deviating terms.
1.4 These GTC also apply to all future business relationships without the need for renewed reference.
2. Services
2.1 WITAS provides services in particular in the following areas:
- IT consulting
- CIO as a Service
- Cloud and infrastructure
- IT administration
- Project management
- IT security and compliance
- ERP and business software
- Automation and AI solutions
- Custom software development
- Support and maintenance
2.2 The specific scope of services results from the respective offer, contract, or agreement in text form.
2.3 Unless expressly agreed in text form, WITAS owes diligent service delivery according to the state of the art, but no specific economic result.
2.4 Statements on websites, in presentations, or in advertising materials do not constitute a binding offer.
3. Conclusion of Contract
3.1 Offers from WITAS are non-binding and subject to change.
3.2 A contract is concluded only by order confirmation in text form, signing of an offer, or actual performance of services.
3.3 Amendments or supplements require text form.
4. Client's Duty to Cooperate
4.1 The Client shall provide all information, access, documents, and contact persons required for the provision of services in a timely and complete manner.
4.2 Delays or additional effort caused by late, incomplete, or incorrect cooperation shall not be at the expense of WITAS and may be charged based on actual effort.
4.3 The Client is responsible for backing up their own data, unless data backup has been expressly agreed as a service. Prior to any intervention by WITAS, the Client shall create a complete and verifiable backup.
5. Prices and Payment Terms
5.1 All prices are net plus statutory value added tax.
5.2 Unless otherwise agreed, billing is based on actual effort.
5.3 Invoices are due for payment within 14 days of the invoice date without deduction.
5.4 In the event of late payment, WITAS is entitled to:
- charge default interest at the statutory commercial rate of 9.2 percentage points above the base rate pursuant to § 456 UGB
- claim reminder fees as well as necessary collection and recovery costs
- suspend further services until payment is made in full
5.5 The Client is not entitled to offset claims of WITAS or to exercise a right of retention unless the counterclaim has been legally established or acknowledged by WITAS.
6. Deadlines and Performance of Services
6.1 Specified dates and deadlines are generally non-binding unless expressly designated as binding in text form.
6.2 Delays due to force majeure, third-party outages, internet or network disruptions, cloud providers, strikes, official orders, or other circumstances beyond the control of WITAS shall reasonably extend deadlines.
6.3 WITAS is entitled to have services performed in whole or in part by qualified third parties.
7. Software, Cloud, and Third-Party Providers
7.1 Services from third-party providers, in particular:
- Amazon Web Services (AWS)
- Microsoft 365
- Google services
- Hosting providers
- ERP manufacturers
- SaaS providers
are additionally subject to their respective terms of use, licensing, and service terms. The Client is the contractual partner of these providers, unless expressly agreed otherwise.
7.2 WITAS is not liable for outages, data loss, security incidents, price changes, functional changes, or the discontinuation of services by third-party providers.
7.3 The Client is responsible for the lawful use of the software, licenses, and cloud services employed, in particular for adequate licensing and compliance with export control regulations.
8. Warranty
8.1 WITAS provides warranty within the scope of statutory provisions, subject to the following provisions.
8.2 The Client shall notify WITAS of recognisable defects in text form without undue delay, in any case within 14 days of performance, and shall describe them in a comprehensible manner. Hidden defects shall be reported in text form without undue delay after discovery. § 377 UGB remains unaffected.
8.3 In the event of justified defects, WITAS shall, at its discretion, provide improvement or replacement within a reasonable period.
8.4 No warranty claim exists for minor defects that do not significantly impair the use of the service.
8.5 For individually developed software, complete freedom from defects cannot be technically guaranteed. Reproducible, material defects will be remedied within the warranty.
8.6 The warranty period is - to the extent permitted by law - six months from handover or acceptance.
9. Liability
9.1 WITAS is liable only for damages caused intentionally or through gross negligence by WITAS, its legal representatives, or vicarious agents. Liability for personal injury remains unaffected.
9.2 Liability for slight negligence, lost profits, consequential damages, data loss, production losses, business interruption, or indirect damages is excluded.
9.3 The liability of WITAS is limited in amount per damage event to the net fee agreed in the respective order, but in any case to a maximum of the net fee actually received for the affected order within the 12 months prior to the occurrence of the damage.
9.4 WITAS assumes no liability for:
- security incidents caused by third parties and cyber attacks
- misconfigurations or interventions by the Client or third parties commissioned by the Client
- outages of external services and infrastructure
- data loss, unless the Client had verified and demonstrably functional backups in place
- decisions made by the Client based on consulting, analyses, or recommendations
9.5 The Client is obliged to perform regular data backups, to verify their recoverability, and to implement security measures according to the state of the art.
9.6 Claims for damages shall lapse - to the extent permitted by law - within six months of knowledge of the damage and the party causing it, but in any case within three years of the event causing the damage.
10. Confidentiality and Data Protection
10.1 Both parties undertake to treat all non-public information that becomes known in the course of the business relationship confidentially and not to pass it on to third parties. The obligation also applies beyond the end of the business relationship.
10.2 WITAS processes personal data exclusively within the framework of statutory provisions, in particular the GDPR and the Austrian DSG.
10.3 Insofar as WITAS processes personal data on behalf of the Client, the parties shall conclude a separate data processing agreement pursuant to Art. 28 GDPR.
10.4 Further information can be found in the privacy policy on the WITAS website.
11. Intellectual Property and Usage Rights
11.1 All copyrights, concepts, methods, documentation, scripts, software components, tools, and other work results remain with WITAS, unless expressly agreed otherwise.
11.2 After full payment, the Client receives a non-exclusive, non-transferable right of use within the agreed scope for the internally defined purposes.
11.3 Any transfer, publication, modification, or reuse beyond the agreed scope of use requires prior consent in text form.
11.4 WITAS remains entitled to freely reuse general know-how, methods, ideas, and concepts developed or deepened during the provision of services.
12. Support and Maintenance
12.1 Support services are provided exclusively within the agreed scope.
12.2 Specific response times, recovery times, or availabilities exist only with an express SLA agreement in text form.
12.3 Scheduled maintenance windows and necessary interruptions for updates, patches, or security measures are deemed permissible and do not constitute a defect.
13. Contract Duration and Termination
13.1 Continuing obligations (in particular support, maintenance, and operations services) may be terminated in text form by either party with 30 days' notice to the end of the month, unless otherwise agreed. Fixed-term contracts end upon expiry of the agreed term.
13.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists for WITAS in particular in the event of payment default of more than 30 days despite a reminder.
13.3 Services already rendered shall be remunerated in any case.
14. Reference Naming
WITAS is entitled to name the Client as a reference customer and to use the Client's company name and logo after completion of a project, unless the Client objects in text form. Confidential content or project details will not be disclosed.
15. Final Provisions
15.1 Austrian law applies exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of international private law.
15.2 The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is the court with subject-matter jurisdiction in Leoben, Austria.
15.3 Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a valid one that comes closest to the economic intent. The same applies to any gaps in the provisions.
15.4 Amendments or supplements to these GTC require text form. This also applies to any waiver of this text form requirement.
15.5 There are no verbal side agreements.