General
Terms & Conditions.

1. Scope and contractual basis

These General Terms and Conditions (GTC) apply to legal transactions between riatech GmbH (“riatech”) and its contracting partners where the partner acts as a business, public-law entity or comparable professional organisation.

For consumer contracts these GTC apply only where legally permissible and expressly agreed. Individual agreements, offers, service descriptions, Service Level Agreements (SLAs) and order confirmations take precedence in the event of a conflict.

Terms of the contracting partner apply only where riatech has expressly accepted them in text form, including by email.

2. Offers, orders and conclusion of contract

Unless stated otherwise, offers are valid for 14 days from the date of issue. Information on websites, presentations and marketing material is non-binding.

A contract is concluded by order confirmation, signature, electronic confirmation, delivery, activation or actual commencement of the ordered service. Technical specifications may be adjusted where the agreed function is not materially impaired.

3. Scope of services, third parties and cooperation

The relevant offer, order or contract defines the scope of services. riatech may use qualified employees, partners and subcontractors.

Unless a specific result is expressly owed, IT, consulting, support, maintenance and administration are provided as services within the agreed scope.

The customer must provide required information, access, contacts, licences, approvals, maintenance windows and suitable technical conditions in due time. Additional effort caused by missing or incorrect cooperation may be charged separately.

4. Support, remote maintenance, repair and consulting

Unless a fixed fee or SLA has been agreed, support, consulting, analysis, repair and remote-maintenance services are charged based on actual effort, including necessary travel, waiting time and materials.

Time may also be chargeable where a fault cannot be reproduced, the cause lies outside riatech’s responsibility, required customer-side conditions are missing or work must be stopped for reasons not attributable to riatech.

By authorising remote access, the customer confirms that it is entitled to grant such access. Passwords and sensitive credentials should only be transmitted via designated secure channels.

5. Hardware, delivery and installation

Hardware is supplied, preconfigured, installed or integrated according to the agreed scope. Required power, network, space, licence and other infrastructure must be provided by the customer unless otherwise agreed.

In B2B transactions, risk passes upon handover to the customer or commissioned carrier, subject to mandatory law. Manufacturer or distributor warranties apply additionally under their respective terms.

If installation cannot be completed because of defective third-party hardware, missing connections, insufficient infrastructure, incompatible software or other circumstances outside riatech’s control, services and expenses incurred up to that point may be charged.

6. Software development, projects and change requests

For custom software, web, integration and automation projects, the agreed features are defined by the offer and service description. Requirements added after order placement or changes to the agreed scope are treated as change requests and may be quoted and charged separately.

Where acceptance is agreed, the customer must review the deliverable within a reasonable period and document material deviations. Minor defects do not prevent acceptance.

Open-source components, standard software, vendor APIs and other third-party components remain subject to their respective licence terms.

7. Cloud, domains, licences and recurring services

For cloud, hosting, domain, licensing, telecommunications and other third-party services, riatech may broker or integrate external services. Availability, product changes, licensing terms and technical conditions of such providers are outside riatech’s direct control.

Terms, billing periods and notice periods are defined in the relevant offer or contract. Domain registrations, licences and prepaid third-party services may be subject to minimum terms and renewal periods of the upstream provider.

Vendor or provider price changes may be passed on for future service periods unless a fixed-price commitment has been agreed.

8. Managed IT, monitoring and service levels

Monitoring, patch management, managed services and ongoing support reduce operational risk but do not guarantee uninterrupted availability, error-free operation or complete protection against attacks.

Binding response, recovery or availability targets apply only where expressly agreed in an SLA or contract. No 24/7 obligation exists outside agreed service hours.

9. IT security, backup and recovery

riatech implements agreed technical and organisational measures within the scope of the contracted solution. Absolute protection against cyberattacks, user error, zero-day vulnerabilities or third-party outages cannot be guaranteed.

Backup, offsite backup, recovery and restore testing are only included where expressly ordered. Customers must not circumvent security measures and must inform riatech of relevant changes, external access and new systems.

Where ongoing backup or recovery services are contracted, retention, recovery targets and test intervals are defined by the relevant agreement.

10. Data protection and confidentiality

Both parties will appropriately protect confidential information obtained in the course of the cooperation. This obligation survives termination.

riatech processes personal data in accordance with applicable data-protection law. Where riatech acts as processor and the legal conditions are met, the parties will enter into a data-processing agreement pursuant to Art. 28 GDPR.

The customer ensures that it is entitled to provide the data, content and personal information supplied to riatech.

11. Prices, effort and expenses

Unless expressly stated otherwise, all prices are net plus applicable VAT. The prices agreed in the relevant offer or contract apply.

Additional work outside the agreed scope, extra travel, waiting time, express work, third-party costs, shipping, travel or procurement costs may be charged separately.

12. Invoicing and payment

Unless otherwise agreed, invoices are due within 14 days from invoice date without deduction.

In the event of late payment, statutory B2B default interest and legally recoverable collection costs apply.

Set-off or retention is permitted only for undisputed or finally adjudicated counterclaims, subject to mandatory law.

13. Suspension and security measures

riatech may temporarily suspend services after reasonable notice where due invoices remain unpaid despite reminder, required cooperation is persistently missing, or services are used unlawfully or contrary to contract.

Where there is an acute security risk, imminent danger or threat of damage, riatech may temporarily restrict affected access or services without prior notice to the extent necessary and proportionate to mitigate the risk.

14. Dates, force majeure and third-party outages

Dates and deadlines are binding only where expressly confirmed as such. Delays caused by missing customer cooperation extend deadlines accordingly.

riatech is not responsible for delays caused by force majeure or other uncontrollable events, including large-scale network or cloud outages, cyberattacks on third-party infrastructure, government measures, supply shortages or upstream-provider outages, unless attributable to riatech.

15. Warranty and notice of defects

For B2B transactions, the statutory inspection and notification duties apply, including Sec. 377 Austrian Commercial Code (UGB). Apparent defects must be notified without undue delay after delivery or performance and latent defects without undue delay after discovery.

Where legally permissible and unless otherwise agreed, the warranty period is 12 months. Mandatory statutory rights, including non-waivable update obligations, remain unaffected.

riatech must first be given the opportunity to remedy or replace. Diagnostic work for issues not caused by a defect attributable to riatech may be charged.

16. Liability

riatech has unlimited liability for intentional conduct and where limitation is prohibited by mandatory law.

For slight negligence, riatech is liable only for breach of material contractual obligations and only for the typically foreseeable direct loss. To the extent legally permissible, liability for loss of profit, indirect or consequential loss, production downtime or data loss is excluded unless corresponding protection was expressly part of the contract.

For data loss, liability is in any event limited, to the extent legally permissible, to the recovery effort that would have arisen with proper backups in accordance with the agreed backup concept.

Individual project agreements and SLAs may contain different liability provisions.

17. Rights of use, intellectual property and customer data

The customer remains owner of data and content provided by it and warrants that use within the project is lawful.

Pre-existing tools, libraries, templates, frameworks, standard modules, general know-how and reusable riatech components remain with riatech. After full payment, the customer receives the rights of use in custom deliverables required for the contractual purpose unless broader rights are agreed.

Source code, development environments, build systems or internal tools are supplied only where expressly agreed. Third-party and open-source components remain subject to their respective licences.

18. Retention of title

Goods remain the property of riatech until full payment of the relevant claims, to the extent legally permissible. The customer must promptly notify riatech of third-party access to retained goods.

19. Contract term, termination and exit

Contract terms and ordinary notice periods for recurring services are defined in the relevant offer or agreement. The right to terminate for good cause remains unaffected.

At contract end, riatech may, upon request and for separate remuneration, support an orderly handover, data export, documentation or migration where technically possible and legally permissible. Prepaid third-party services and already committed licences remain payable according to their term.

20. Credit checks

Where a legitimate interest exists and legal requirements are met, riatech may obtain business credit information before or during a business relationship. Further information on personal-data processing is provided in the privacy policy.

21. References and communication

Public identification of the customer as a reference, use of customer logos or publication of specific project details requires customer consent or a separate agreement.

22. Applicable law and jurisdiction

Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the competent court at the registered office of riatech GmbH has exclusive jurisdiction.

Unless otherwise agreed, the place of performance is the registered office of riatech GmbH.

23. Final provisions

If any provision of these GTC is wholly or partly invalid or unenforceable, the remaining provisions remain effective. The statutory rule applies in place of an invalid provision; where permissible, the parties will agree a valid rule that comes as close as possible to the commercial purpose.

Amendments and additions to the relevant contract require at least text form unless mandatory law requires a different form.