General Terms and Conditions
Validity of the General Terms and Conditions
The provision of services is carried out by Patrick Obermüller, hereinafter referred to as Hammertime e.U., exclusively based on these Terms and Conditions. This also applies to any future services, unless the General Terms and Conditions are explicitly and in writing amended again. Deviating conditions are only valid if they are acknowledged in writing by Hammertime e.U. and the written form is maintained.
Conclusion of Contract
Upon conclusion of a contract between Hammertime e.U. and the client, the latter acknowledges the underlying General Terms and Conditions. Our offers are non-binding. Orders are considered accepted when they are confirmed in writing by letter or email and comply with the conditions of these General Terms and Conditions.
Commissioning
Hammertime e.U. creates individual offers for services upon request. The commissioning of services is in reference to a specific offer. Unless otherwise stated, offers from Hammertime e.U. are valid for 30 days from the date of issue. Any commissioning must occur within this period. The acceptance of an order only takes place after receipt of a written confirmation from Hammertime e.U.
The specific service and the location of its provision are individually agreed upon contractually between the client and Hammertime e.U., with the standard place of fulfillment being via an online video conferencing system. Any travel expenses to the location of the client are already included in the prices of the present offer or are explicitly itemized.
Hammertime e.U. may have the tasks assigned to it performed wholly or partially by qualified third parties who are capable of providing the service. The remuneration of the third party is exclusively done by Hammertime e.U. No kind of direct contractual relationship arises between the third party and the client.
In the realization of the agreed-upon project, Hammertime e.U. operates independently. There are no specifications regarding the work location or work hours for Hammertime e.U.Warranty
Hammertime e.U. strives for a careful implementation of the contractually agreed service.
Free corrections and additions, which are considered necessary up to the delivery of the agreed service due to organizational and programmatic defects attributable to the contractor, will be carried out by Hammertime e.U.
We point out that web applications typically use third-party programs and content, whether through the development of the agreed service or from an existing project basis. Hammertime e.U. is not liable for any defects caused by the use of these third-party elements.
Warranty claims expire six (6) months after delivery.Limitation of Liability
All additional claims, regardless of the legal basis, in particular claims for damages that did not arise from the performance itself, are excluded, unless it is a case of intent or gross negligence. Furthermore, Hammertime e.U. is liable in the case of breach of ancillary obligations or tort only in cases of intent or gross negligence.
Remuneration
Payment for the services provided is made in accordance with the offer or the prices listed online. The only exceptions to this are individually agreed fixed price agreements.
Privacy Information
In the course of our business relationship, we process personal data about your company and, where applicable, about individual employees in the context of creating and handling invoices, bills, offers, and other business-related documents.
The processing of this data is carried out for the purpose of contract processing, invoicing, and services as well as for fulfilling legal obligations.
We store your data as long as it is necessary for the handling of our business relationship or to comply with our legal retention obligations.
As a data subject, you have the right to access, rectify, erase your data, restrict processing, object to processing, and data portability, insofar as this does not conflict with any legal retention obligation.Invoicing
Hammertime e.U. reserves the right to send invoices to the client in electronic form. The client expressly acknowledges and consents to the electronic transmission of invoices by Hammertime e.U.
The contractually agreed remuneration is due within 30 days of the invoice date.Late Payment Interest
If the client is in arrears with the payment, Hammertime e.U. has the right to charge the legally prescribed default interest.
Reference Use
The client agrees that any projects such as websites, video games, or similar may be published as part of the web presence of Hammertime e.U. A corresponding link to the created services is permitted.
Final Provisions
If individual provisions should be invalid, the validity of the remaining General Terms and Conditions remains unaffected. Should provisions be invalid, they will be replaced, as far as possible, by valid provisions that largely fulfill the intended economic purpose.
In the event of disputes arising from the present contract, the local competent court for the location of Hammertime e.U. (Vienna) is deemed appropriate. Austrian law shall apply.
Version 16.12.2023