General Terms and Conditions (GTC)

GENERAL TERMS AND CONDITIONS (GTC)
N-ICT e.U.

1. Scope of Application

1.1 These General Terms and Conditions (GTC) apply to all current and future services provided by N-ICT e.U. (hereinafter referred to as the Contractor) to the Client, even if the GTC are not expressly referenced in individual cases upon conclusion of the contract. The Client's terms and conditions shall only apply if they have been acknowledged in writing by the Contractor.

2. Services

2.1 The content of the services to be provided between the Contractor and the Client within the framework of a service agreement is based on the scope of services known at the time of contract conclusion. Should it become apparent during contract performance that the scope of services requires adjustment to actual circumstances, the contracting parties shall agree on an appropriate adjustment of the scope of services.

2.2 Services provided by the Contractor that are used by the Client beyond the respectively agreed scope of services shall be remunerated by the Client according to actual personnel and material costs at the rates currently valid at the Contractor. This includes in particular services outside the Contractor's usual business hours, the analysis and elimination of disruptions and errors caused by improper handling or operation by the Client or other circumstances not attributable to the Contractor. Likewise, training services are generally not included in the services and require a separate agreement.

[…Sections 3 to 18 as per the original PDF document…]

19. Contractual Penalty for Breach of Confidentiality

19.1 In the event of a violation of the confidentiality obligations pursuant to Section 9 of these GTC, the Contractor must pay a contractual penalty of EUR 25,000 (in words: twenty-five thousand). This does not affect the Client's right to assert further damages against the Contractor and to demand cessation of further violations. A contractual penalty paid shall be credited against any claims for damages.

20. Intellectual Property, Usage and Exploitation Rights

20.1 All industrial property rights, copyrights, trademark, design, utility model rights and other intellectual property of a contracting party existing at the conclusion of a contract, in particular - but not limited to - secret know-how, remain the exclusive property and, in the absence of a different express agreement, in the exclusive usage and exploitation authority of the respective contracting party.

20.2 All work results achieved by the Contractor alone or together with other contractors or employees of the Client in fulfillment or on the occasion of service provision, including completed and uncompleted work including all notes, plans, concepts, inventions, trademarks and other results including confidential information (co-)developed by the Contractor, belong to the Client unless expressly agreed otherwise.

20.3 The Contractor undertakes to immediately disclose all work results capable of protection to the Client.

21. No Side Agreements

21.1 No oral or written side agreements have been made. Amendments and supplements to individual contractual provisions require written form to be effective.

Version: December 2025

N-ICT e.U.
Meldemannstrasse 22/2/2502, A-1200 Vienna, Austria
E-Mail: [email protected] | Web: https://n-ict.com