{"id":1789,"date":"2025-01-21T13:55:29","date_gmt":"2025-01-21T12:55:29","guid":{"rendered":"https:\/\/jawa.at\/general-terms-and-conditions\/"},"modified":"2025-10-13T15:58:42","modified_gmt":"2025-10-13T13:58:42","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/jawa.at\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"

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General Terms and Conditions<\/h1>\n

JAWA Management Software GmbH<\/h2>\n

FN 210280k
\nLiebenauer Hauptstra\u00dfe 65
\n8041 Graz
\nAustria<\/p>\n

Version from 10.10.2025<\/p>\n

Download GTC<\/a>[\/vc_column_text][\/vc_column][vc_column width=”1\/2″][vc_empty_space height=”40px” woodmart_hide_large=”0″ woodmart_hide_medium=”0″ woodmart_hide_small=”0″][\/vc_column][\/vc_row][\/vc_section][vc_row][vc_column][vc_empty_space height=”90px” woodmart_hide_large=”0″ woodmart_hide_medium=”0″ woodmart_hide_small=”0″][vc_column_text css=”” woodmart_inline=”no” text_larger=”no”]<\/p>\n

1. Scope and Amendments of the General Terms and Conditions (GTC)<\/strong><\/h2>\n

1.1<\/strong><\/p>\n

JAWA Management Software GmbH, headquartered in Graz, Austria (hereinafter referred to as \u201cJAWA\u201d), principally offers individual software solutions and related services via its website www.jawa.at<\/a> (hereinafter referred to as the \u201cWebsite\u201d).<\/p>\n

1.2<\/strong><\/p>\n

The following General Terms and Conditions (hereinafter referred to as \u201cGTC\u201d) apply to all usage, license, and consulting agreements, as well as comparable contracts (hereinafter collectively referred to as the \u201cContracts\u201d) concluded between JAWA, the client (hereinafter referred to as the \u201cCustomer\u201d), and partners.
\nBy entering into a contract, the Customer confirms their agreement with these GTC.
\nThe GTC apply exclusively unless expressly amended or supplemented by written individual agreements.<\/p>\n

1.3<\/strong><\/p>\n

All orders and agreements are only legally binding if confirmed in writing and duly signed by JAWA and shall bind JAWA only to the extent specified in the order confirmation.
\nAny differing, conflicting, or supplementary terms and conditions of the Customer shall not form part of the contract or the business relationship, even if known, unless their validity has been expressly confirmed in writing by JAWA.<\/p>\n

1.4<\/strong><\/p>\n

The GTC apply in their version valid at the time of the conclusion of the contract.
\nThe current and valid version is published online at www.jawa.at<\/a>.
\nThey shall also apply to future contracts, even if not explicitly referenced therein.<\/p>\n

1.5<\/strong><\/p>\n

JAWA shall inform the Customer of any amendments to the GTC.
\nThe amended conditions become effective if the Customer does not object in writing within six weeks after notification.
\nNotification may be made using any communication method agreed upon between JAWA and the Customer.
\nThe amended GTC apply to future contracts and existing continuing obligations from the effective date but shall not apply retroactively.<\/p>\n

2. Services and Conclusion of Contract<\/h2>\n

2.1<\/strong><\/p>\n

The services offered on JAWA\u2019s website do not constitute a legally binding offer but merely an invitation for the Customer to submit an offer.
\nThe contract between the Customer and JAWA is concluded by written order from the Customer and written order confirmation by JAWA.<\/p>\n

2.2<\/strong><\/p>\n

The specific content and scope of the services to be provided by JAWA, as well as the remuneration payable, are determined by the agreement concluded between JAWA and the Customer.<\/p>\n

2.3<\/strong><\/p>\n

All agreements made between the parties at the time of contract conclusion are fully documented in writing in the offer and contract.
\nAny prior verbal agreements or side arrangements become invalid unless they correspond to the written provisions of the contract and offer.
\nJAWA\u2019s employees are not authorized to make oral agreements deviating from or extending beyond the written contract.<\/p>\n

2.4<\/strong><\/p>\n

Performance dates and deadlines are target dates unless expressly agreed as fixed.
\nIf the Customer fails to provide the required cooperation in due time, deadlines shall be extended by the period of delay plus a reasonable preparation time.<\/p>\n

2.5<\/strong><\/p>\n

It is expressly noted that an accessible design (of websites) within the meaning of the Federal Act on the Equal Treatment of Persons with Disabilities (\u201cFederal Disability Equality Act\u201d) is not included in the offer unless separately and explicitly requested by the Customer.
\nIf accessibility has not been expressly agreed, the Customer is responsible for verifying compliance with the Federal Disability Equality Act.
\nLikewise, the Customer must ensure that any content they provide complies with legal requirements, particularly competition, trademark, copyright, and administrative law.
\nJAWA shall not be liable, in cases of slight negligence, for the legal admissibility of Customer-provided content.<\/p>\n

3. Remuneration and Payment Terms<\/h2>\n

3.1 General<\/strong><\/p>\n

All prices are quoted in euros, exclusive of value-added tax (VAT).<\/p>\n

Travel, daily, and accommodation expenses shall be invoiced separately to the Customer according to applicable rates.
\nTravel time counts as working time.<\/p>\n

3.2 Payment Terms<\/strong><\/p>\n

These payment terms apply to all agreements between JAWA and the Customer unless otherwise agreed in writing.<\/p>\n

For the invoicing of license, maintenance, and support fees (due dates), the ordinary financial year (January 1 to December 31) shall apply unless otherwise agreed.
\nFees are payable in advance.<\/p>\n

If a contract with an annual billing period is concluded during the year, the first invoice shall cover the period from the contract\u2019s start date until December 31 of that year.<\/p>\n

The Customer is not entitled to withhold payments due to incomplete total delivery, warranty, or guarantee claims, or complaints.<\/p>\n

3.3 Delivery Date<\/strong><\/p>\n

JAWA endeavors to meet the agreed fulfillment (completion) dates as accurately as possible.<\/p>\n

These dates can only be met if the Customer provides all required materials and documents, in particular the accepted service specification, in due time and fulfills their cooperation obligations accordingly.<\/p>\n

Delivery delays or cost increases caused by incorrect, incomplete, or subsequently changed information or documents provided by the Customer are not the responsibility of JAWA and shall not constitute default.
\nAny resulting additional costs shall be borne by the Customer.<\/p>\n

For contracts involving several components or programs, JAWA is entitled to make partial deliveries and issue partial invoices.<\/p>\n

3.4 Acceptance, Testing, and Notification of Defects<\/strong><\/p>\n

If JAWA provides software to the Customer, JAWA shall issue a written readiness notification for acceptance testing (hereinafter the \u201cReadiness Notification\u201d).<\/p>\n

The Customer is obliged to inspect all services provided by JAWA, particularly individual software adaptations, within four weeks after receipt of the Readiness Notification and to check for defects.
\nAll apparent and hidden defects must be reported in writing immediately upon discovery.
\nIn any case, JAWA is entitled to a written declaration of acceptance.<\/p>\n

The service shall be deemed accepted once the Customer uses the software operationally or commercially, or allows a third party to use it.
\nAcceptance shall also be deemed to have occurred if no substantial defects are reported in writing within four weeks after the Readiness Notification.
\nA defect shall only be deemed substantial if it significantly impairs the contractual use of core functions and no reasonable workaround exists.<\/p>\n

Change requests made by the Customer after acceptance shall be invoiced in full, regardless of the total order value.<\/p>\n

3.5 Prices<\/strong><\/p>\n

JAWA reserves the right to adjust prices, in particular license fees, maintenance fees, and consulting service rates, annually.
\nValue stability is expressly agreed.
\nThe Consumer Price Index 2020 published monthly by Statistics Austria or a successor index shall serve as the basis for value adjustments.<\/p>\n

The reference index is the figure published at the time of contract conclusion (for that month).
\nAdjustments occur annually on January 1.
\nA decrease in the index does not result in a reduction of fees.
\nIf this index is no longer published, it shall be replaced by a successor index that most closely reflects the purpose of maintaining the purchasing power of the originally agreed price.<\/p>\n

Failure to make an adjustment does not constitute a waiver of the right to adjustment.
\nA waiver of the value adjustment mechanism must be expressly agreed upon.<\/p>\n

3.6 Payment Default<\/strong><\/p>\n

All invoice amounts must be credited, free of deductions and bank charges, to the JAWA account specified in the invoice by the agreed payment date.
\nThe same payment terms apply to partial invoices as to the total contract.
\nA longer payment period may be agreed upon in the offer.<\/p>\n

The Customer may withhold or offset payments only if their claims have been legally established or expressly acknowledged by JAWA.
\nThis restriction does not apply to claims arising from partial non-performance or defects based on the same contractual relationship.<\/p>\n

If a defect exists, the Customer may only withhold a proportionate amount reasonable in relation to the defect, and only if the defect is undisputed.<\/p>\n

In case of payment default, JAWA is entitled to charge default interest pursuant to \u00a7 456 UGB (Austrian Commercial Code) if the Customer qualifies as an entrepreneur under the UGB and may suspend further performance until payment is made.<\/p>\n

If the Customer is in arrears for more than two months, JAWA may suspend access to the software after prior written notice.<\/p>\n

JAWA expressly reserves the right to assert further claims for payment default.<\/p>\n

Cooperation and Customer Responsibilities<\/h2>\n

4.1<\/strong><\/p>\n

The Customer shall support JAWA in fulfilling the contractual obligations owed by JAWA.
\nFor this purpose, the Customer shall provide in due time all information, data, and other materials necessary for the performance of the agreed services by JAWA.
\nJAWA is obligated to inform the Customer clearly and in writing before commencement of the services which specific information, data, or materials are required.<\/p>\n

4.2<\/strong><\/p>\n

If delays occur due to late or incomplete cooperation by the Customer, the agreed deadlines and schedules shall be extended accordingly.
\nIf tasks must be repeated because of the Customer\u2019s failure to cooperate or to do so on time, JAWA shall be entitled\u2014after prior notice including an estimate of additional costs\u2014to invoice these extra services separately.<\/p>\n

5. Rights of Use and Intellectual Property in the Software<\/h2>\n

5.1<\/strong><\/p>\n

Upon acquisition of the usage license, the Customer shall receive a simple (non-exclusive), non-transferable, non-sublicensable right of use limited to the duration of the contract.
\nUse is restricted exclusively to the contractually agreed scope.<\/p>\n

5.2<\/strong><\/p>\n

All intellectual property rights, copyrights, proprietary rights, trademarks, database rights, and all other rights in the software, source code, concepts, methods, designs, and documentation remain the exclusive property of JAWA.
\nNo ownership or intellectual property rights are transferred upon conclusion of the contract; only rights of use are granted to the extent specified above.
\nAll rights not expressly granted to the Customer remain with JAWA.<\/p>\n

5.3<\/strong><\/p>\n

Any distribution, duplication, decompilation, reverse engineering, disassembly, modification, publication, or other exploitation of the software or its components is prohibited unless expressly permitted by mandatory statutory provisions (e.g. \u00a7 40e of the Austrian Copyright Act).<\/p>\n

5.4<\/strong><\/p>\n

The Customer is solely responsible for all data entered into, processed within, or stored in the software by the Customer or its users.
\nJAWA assumes no responsibility or liability for this content or its legality.
\nThe Customer undertakes to use the software exclusively in accordance with applicable law, in particular data-protection law, and in compliance with the contract.
\nThe Customer shall take appropriate measures to maintain the confidentiality of its access data.<\/p>\n

5.5<\/strong><\/p>\n

The Customer is solely responsible for the functional administration of the software (e.g. data maintenance, master-data and user management), even if JAWA has provided assistance with setup or configuration.<\/p>\n

5.6<\/strong><\/p>\n

It is noted that JAWA is not responsible for establishing or maintaining the data connection between the Customer\u2019s IT system and the transfer point operated by JAWA.<\/p>\n

5.7<\/strong><\/p>\n

JAWA shall determine which system environments, browsers, and operating systems are supported by the software.
\nThe Customer will be informed prior to contract conclusion about the supported versions.
\nNo entitlement exists to support for systems not explicitly guaranteed.
\nChanges or extensions of supported system environments by JAWA do not constitute a reduction in performance.<\/p>\n

6. Security and Data Protection<\/h2>\n

6.1 Security Measures<\/strong><\/p>\n

The Customer shall ensure the confidentiality of all identification and authentication data assigned to its users, including, for example, the organizational and, where applicable, technical prohibition of password sharing and the use of so-called \u201cshared accounts.\u201d
\nIf, at the Customer\u2019s request, JAWA software is operated on the Customer\u2019s servers, responsibility for the security of the server, the surrounding network, and data-storage or backup locations lies solely with the Customer.
\nJAWA shall not be liable for security deficiencies arising from the Customer\u2019s infrastructure.<\/p>\n

6.2 Data Protection and Data Collection<\/strong><\/p>\n

JAWA collects and uses the Customer\u2019s personal data only within the framework of the applicable legal provisions.
\nThe contracting parties shall conclude a data-processing agreement (DPA) in accordance with the relevant statutory requirements to the extent necessary.<\/p>\n

7. Liability and Warranty<\/h2>\n

7.1<\/strong><\/p>\n

No warranty claims against JAWA shall exist for only minor deviations of the services from the agreed quality or usability.<\/p>\n

7.2<\/strong><\/p>\n

Liability for claims under tort or damages law shall be limited as described below.
\nIn cases of slight negligence, JAWA shall be liable only:
\n(i) for damages resulting from injury to life, body, or health, and
\n(ii) for damages resulting from the non-trivial breach of a material contractual obligation (i.e. obligations whose fulfillment enables proper execution of the contract and on which the Customer regularly relies and may rely).
\nIn such cases, liability is limited to compensation for foreseeable, typically occurring damage and shall in any event not exceed the annual license fee payable by the Customer, excluding additionally invoiced services.<\/p>\n

7.3<\/strong><\/p>\n

Otherwise, JAWA shall be liable\u2014regardless of the legal basis\u2014only for intent or gross negligence.
\nIn cases of gross negligence, liability shall likewise be limited to the foreseeable, typically occurring damage and shall in any event not exceed the annual license fee payable by the Customer, excluding additional services.
\nMultiple damage events within one calendar year shall be deemed a single event for the purpose of calculating the liability cap.<\/p>\n

7.4<\/strong><\/p>\n

Liability for loss of profit, business interruption, data loss, indirect or consequential damages is, to the extent permitted by law, excluded.
\nThis also applies to damages resulting from data loss unless caused by gross negligence or intent on the part of JAWA.<\/p>\n

7.5<\/strong><\/p>\n

Events of force majeure and other circumstances unforeseeable for JAWA\u2014such as supply disruptions, pandemics, epidemics, natural disasters, wars, strikes, lockouts, or hacker attacks\u2014release JAWA from its performance obligations for the duration of the disruption and a reasonable recovery period, even if JAWA is already in delay.
\nIf performance becomes impossible or economically unreasonable due to such circumstances, JAWA shall be released from its contractual obligations, and the Customer shall have no claims for damages.<\/strong><\/p>\n

8. Term and Termination<\/h2>\n

8.1<\/strong><\/p>\n

Unless otherwise agreed (e.g. in the case of fixed-term contracts), contractual relationships may be terminated by either party without cause by giving written notice with a notice period of three months to the end of the calendar year.<\/p>\n

The Customer must issue termination in writing and is responsible for proving receipt.<\/p>\n

8.2<\/strong><\/p>\n

JAWA may terminate the contract with immediate effect for good cause if the Customer materially breaches contractual obligations and continues the breach despite a warning from JAWA or fails to remedy it.<\/p>\n

The same applies if the Customer is in default of a due payment for more than two months despite a reminder.<\/p>\n

8.3<\/strong><\/p>\n

Upon termination of the contract, JAWA shall, within 30 calendar days, provide the Customer with a one-time, free export of all Customer data in a common format.<\/p>\n

Any further exports or related services shall be charged separately based on JAWA\u2019s applicable hourly rates.<\/p>\n

9. Confidentiality, Copyright, and Trademark Protection<\/h2>\n

9.1<\/strong><\/p>\n

The software provided by JAWA to the Customer is protected by copyright.<\/p>\n

JAWA remains the owner of the software and its underlying source code.<\/p>\n

The provision of source code is not part of the contractual relationship, and the Customer has no claim to its delivery.<\/p>\n

The Customer acquires no rights in the source code, algorithms, or technical procedures.<\/p>\n

Any changes or manipulations made by the Customer without JAWA\u2019s express written consent constitute a material breach of the Customer\u2019s contractual obligations.<\/p>\n

9.2<\/strong><\/p>\n

Intellectual property rights in Customer-specific configurations or extensions remain with JAWA.<\/p>\n

JAWA grants the Customer a simple, time- and region-unlimited right of use for the contractual purpose in connection with JAWA software.<\/p>\n

There is no entitlement to delivery of the source code; open-source obligations remain unaffected.<\/p>\n

9.3<\/strong><\/p>\n

Neither contracting party is entitled to disclose the other party\u2019s confidential information to third parties without express consent (at least in text form).<\/p>\n

Confidential information includes all information, whether written or oral, that<\/p>\n

(i) by its nature is considered confidential or requires secrecy, or<\/p>\n

(ii) is recognizable as confidential by the circumstances of its disclosure.<\/p>\n

Confidential information particularly includes product descriptions and specifications, contract conditions, and pricing deviating from those published on JAWA\u2019s website.<\/p>\n

9.4<\/strong><\/p>\n

Both parties undertake to use confidential information only for the purposes agreed in the contract.<\/p>\n

Each party shall take at least the same precautions to protect the other\u2019s confidential information as it does to protect its own.<\/p>\n

Such precautions must be adequate to prevent unauthorized disclosure to third parties.<\/p>\n

Both parties shall ensure that their employees, subcontractors, or legal representatives do not disclose or misuse confidential information.<\/p>\n

The parties shall inform each other in writing without delay of any unauthorized use or disclosure.<\/p>\n

The obligation of confidentiality shall not apply to information that:<\/p>\n

(i) was demonstrably known to the receiving party before disclosure,<\/p>\n

(ii) was public or generally accessible before disclosure,<\/p>\n

(iii) becomes public or generally accessible after disclosure without fault of the receiving party, or<\/p>\n

(iv) corresponds substantially to information disclosed by a third party entitled to make such disclosure.<\/p>\n

9.5<\/strong><\/p>\n

The Customer further undertakes to treat all business, technical, and scientific know-how obtained in connection with JAWA\u2019s performance as confidential and not to make it available to third parties without JAWA\u2019s express consent.<\/p>\n

The Customer also agrees not to apply for intellectual property rights based on know-how obtained in the course of JAWA\u2019s performance.<\/p>\n

9.6<\/strong><\/p>\n

The obligation of confidentiality ends seven years after termination of the contract, unless statutory or contractual provisions require a longer confidentiality period.<\/p>\n

9.7<\/strong><\/p>\n

Both parties shall comply with the applicable data-protection regulations, in particular those valid in Austria, and shall ensure that their employees involved in the contract are bound to data secrecy under the Austrian Data Protection Act (DSG) and the GDPR, unless they are already generally bound by such obligations.<\/p>\n

10. Final Provisions, Jurisdiction, and Applicable Law<\/h2>\n

10.1<\/strong><\/p>\n

No verbal side agreements exist for this contract.<\/p>\n

Amendments or additions to this contract must be in writing (signed).<\/p>\n

Notifications, statements, or coordination during ongoing operations may be made in text form (e-mail).<\/p>\n

This written-form clause may itself only be amended in writing.<\/p>\n

10.2<\/strong><\/p>\n

If any provision of the respective contracts (including these GTC) is or becomes invalid or unenforceable, or if a gap arises, the validity of the remaining provisions shall not be affected.<\/p>\n

The invalid or unenforceable provision shall be interpreted or replaced so as to best achieve the intended purpose of the agreement.<\/p>\n

The same applies in the event of a contractual gap.<\/p>\n

10.3<\/strong><\/p>\n

For all disputes arising directly or indirectly from the contract, the court with local and subject-matter jurisdiction for JAWA\u2019s registered office (8041 Graz, Austria) shall have exclusive jurisdiction.<\/p>\n

If JAWA initiates legal proceedings, it may do so either at this court or at any other legally permissible venue.<\/p>\n

10.4<\/strong><\/p>\n

The contractual relationship between JAWA and the Customer shall be governed exclusively by Austrian law, even if the Customer is domiciled abroad or the contract is performed abroad.<\/p>\n

The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.<\/p>\n

The conflict-of-law rules of private international law shall likewise not apply.<\/p>\n

10.5<\/strong><\/p>\n

In the event of interpretation conflicts, the German version of these General Terms and Conditions shall prevail over the English translation.[\/vc_column_text][\/vc_column][\/vc_row]<\/p>\n<\/div>","protected":false},"excerpt":{"rendered":"

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