Legal
General Terms and Conditions
Have a nice day e.U. — As of: April 2026
1. Scope of Application
These General Terms and Conditions apply to all contracts between Have a nice day e.U. (hereinafter 'Contractor') and the customer (hereinafter 'Client') for the provision of software development services, IT services, and related consulting services.
2. Conclusion of Contract
A contract is concluded upon written order confirmation by the Contractor or by the commencement of the service provision. Offers are non-binding and subject to change unless expressly agreed otherwise.
3. Scope of Services
The scope of the services to be provided is determined by the respective order confirmation or offer. Changes and extensions to the scope of services require a written agreement and may lead to an adjustment of the remuneration and delivery times.
4. Client's Obligations to Cooperate
The Client shall provide all information, documents, and access required for the execution of the order in a timely and complete manner. Delays caused by a lack of cooperation are not the responsibility of the Contractor.
5. Remuneration and Payment
The remuneration is based on the agreed-upon offer. Invoices are due within 14 days of the invoice date without deduction. In case of default in payment, default interest will be charged at the statutory rate. All prices are exclusive of the statutory value-added tax (VAT).
6. Acceptance
The Client is obliged to inspect and accept the agreed services within 14 days of notification of completion. If no significant defects are reported in writing within this period, the service is deemed to have been accepted.
7. Warranty
The Contractor warrants that the services provided correspond to the agreed description. The warranty period is 12 months from acceptance. Defects must be reported in writing without delay. The Contractor has the right to rectify defects.
8. Liability
The Contractor's liability is limited to intent and gross negligence. Liability for indirect damages, loss of profit, and data loss is excluded to the extent permitted by law. The liability amount is limited to the amount of the agreed remuneration.
9. Copyright and Usage Rights
All works created within the scope of the contract are subject to copyright. Upon full payment, the Client receives a non-exclusive, perpetual right to use the agreed services. The source code will be handed over upon full payment, unless otherwise agreed.
10. Confidentiality
Both parties undertake not to disclose confidential information of the other party to third parties and to use it only for the purposes of fulfilling the contract. This obligation shall also apply after the termination of the contractual relationship.
11. Termination
For ongoing contracts (subscription models), the notice period is 30 days to the end of the month. The right to extraordinary termination for good cause remains unaffected. For project contracts, early termination is only possible by mutual agreement; services already rendered must be remunerated.
12. Final Provisions
Austrian law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is Vienna. Should individual provisions of these T&Cs be invalid, the validity of the remaining provisions shall remain unaffected. Amendments and additions must be made in writing.