General terms and conditions

1. Scope and ranking

1.1 These terms and conditions apply to all services provided by Digidock Digitalagentur GmbH (hereinafter “provider”) to entrepreneurs (§ 1 UGB). Consumer contracts are excluded.
1.2 Conflicting or deviating terms and conditions of the customer only apply if the provider expressly agrees to their validity in writing.
1.3 Order of contract documents: (a) Individual offer including service description/statement of work (SOW) and backlog, (b) service level agreement (SLA), (c) order processing contract (AVV) exclusively for data protection topics, (d) these terms and conditions, (e) further facilities/protocols/manufacturer conditions.

2. Conclusion of contract

2.1 The basis of the contract is the provider's respective offer. Presentations, sample prices or illustrations are non-binding.
2.2 The customer accepts the offer signing on. The contract is concluded when the provider approves by written order confirmation explained.
2.3 Additions and changes must be made in writing.

3. Process model and communication

3.1 Blueprint phase: Analysis, consulting, process presentation and goal definition. The result is a prioritized backlog that is made available in the customer portal.
3.2 Sprint development: Implementation in sprints based on the backlog. If the offer does not mention the number of sprints, there is an upper limit of maximum five (5) Sprints as agreed. Partial approvals take place sprints.
3.3 Communication channels: Mandatory channel is the one provided by the provider customer portal (including support area, if applicable). For urgent cases stands email (e.g. alex@kwapso.com) is available. Communication via other channels (WhatsApp, private emails, etc.) is not mandatory. feedback is carried out via the customer portal or in official feedback meetings, whose results are logged in the portal. For documents/documents, Google Drive be used.
3.4 Feedback process and cycles: Each backlog item is two feedback cycles included. The structured feedback process (tools, deadlines, formats) is carried out in Project kick‑off defined. Further adjustments are made as change requests (Section 5).
3.5 Meetings: Project meetings take place online; appointments are made via email or video call. Meetings can be recorded for quality assurance purposes. If the customer does not agree with a recording, he has at the start Tell me about the meeting.

4. Acceptance

4.1 After each sprint, the provider provides information about the implemented backlog items (e.g. via video call and/or email).
4.2 The Acceptance is made in writing via the customer portal or by email.
4.3 Is carried out within five (5) working days As soon as no justified notice of defect has been provided, the service is considered accepted. Productive use at the latest is considered an acceptance.
4.4 Only functions that are documented in the Backlog/SOW and correspond to the technical capabilities of the platforms used are relevant for acceptance.

5. Changes and out‑of‑scope

5.1 Changes after “Frozen Scope” are as Change Request to ask. The provider prepares an impact analysis (effort, deadline, costs).
5.2 Out‑of‑scope services are paid at the hourly rate of EUR 115, — net provided, without billing without prior approval of the customer. Approval can by email, orally or via the customer portal take place.
5.3 To provide services, the provider may subcontractor use and remains responsible for their performance.

6. Third party software and accounts

6.1 The solution may use third-party services (e.g. Glide, Zapier, Make, n8n, OpenAI, Anthropic, Google); their terms of use apply in addition.
6.2 Accounts/licenses: By default, the procures and pays customer the required third-party SaaS licenses; alternatively, the provider can create and re-invoice these on behalf of the customer.
6.3 Third party availability: Obligations of the provider are suspended insofar as services are objectively impossible or only possible to a limited extent due to failures, limits or product changes by the third-party providers. The provider provides appropriate assistance with workarounds.
6.4 With regard to API operation and integrations, the provider is obliged to maintain As long as the respective third party provider offers the relevant service and the interfaces allow this.

7. Remuneration and Payment

7.1 Every project is custom; Prices and scope of services are based exclusively on the offer.
7.2 Start of service: The provision of services only starts after Receipt of payment or upon presentation by one from the customer proactively submitted transfer confirmation. The mere signing of an offer does not oblige the provider to start the service.
7.3 Payment methods: Default is SEPA bank transfer, unless otherwise agreed.
7.4 Payment term: Invoices are, unless otherwise stated in the offer, within seven (7) days Net due.
7.5 Payment models are specified in the offer.
7.6 deline/penalties: The apply Statutory default interest for entrepreneurial transactions (§ 456 UGB). After two reminders is the provider entitled to suspend services, block access and — as far as permitted — cancel licenses until full payment has been received.
7.7 Offsetting and withholding by the customer are excluded, except in the case of undisputed or legally established claims.

8. Rights of use, pre-existing IP and know-how

8.1 Project deliverables: With full payment, the provider grants the customer a simple, non-exclusive, non-transferable and time-limited right of use to the project-specific work results one.
8.2 Pre-existing IP/components: The provider's pre-existing intellectual property — in particular templates, components, connectors, prompts, algorithms, data models, UI/UX components and methodological frameworks — remains the property of the provider. The customer then receives an earmarked, non-exclusive usage permit for use within the delivered solution.
8.3 Collective know-how: The provider retains ownership of its cross-company Structural and process knowledge. Insights about industry-standard data/process models and best practices can be reused in future projects without disclosing specific customer secrets.
8.4 Anonymized data & benchmarks: The provider may anonymized and aggregated process operational, usage and performance data (e.g. transaction volumes, throughput times, error rates) for internal purposes (quality, KPIs, reports) and publish in this form. In doing so, no personal data processed and no conclusions made possible for the customer. The customer gives his consent for this and confirms that no business or trade secrets are disclosed as a result. Insofar as information about data subjects is required, this is provided by the customer as the person responsible; support from the provider in accordance with AVV.
8.5 Third party licenses remain with the respective rights holder. Open source components are used in accordance with the license.

9. Confidentiality and references

9.1 Both parties maintain confidentiality with regard to non-public information.
9.2 After Go‑Live, the provider may Name, logo and a factual project description use as a reference. The customer can object for good reason.
9.3 The provider may communicate anonymized benchmarks and learnings externally.

10. Data protection and order processing

10.1 The customer is responsible within the meaning of the GDPR; the provider acts as a processor. A AVV According to Art. 28 GDPR, it is part of the contract.
10.2 Sub-processor: The customer issues a general approval to appoint sub-processors. It consists no obligation to proactively notify about changes. A current list is upon request provided. The provider is liable for its subcontractors. If the customer wishes to exclude the use of subcontractors, he has expressly and in writing to agree; this may affect scope, deadlines and costs.
10.3 Data locations/third countries: Data is primarily processed in the EEA. Insofar as third-country transfers are necessary (e.g. with AI providers), they are made on the basis of EU standard contractual clauses and additional measures.
10.4 Tools & AI usage: The provider uses, among other things, Google Workspace (always) and — unless rejected in writing — services such as OpenAI, Anthropic (Claude), Google Gemini, n8n, Make, Zapier one. A rejection of certain tools must be notified in writing; Google Workspace is excluded from opt‑out.
10.5 Data return/deletion: Without an active SLA, the provider deletes all accounts within 30 days after the end of the project. If the SLA is active, during the term; after the end of the SLA, also within 30 days, provided that there are no legal storage requirements to the contrary.

11. Operations, Support, and SLA

11.1 Operation/Support are not automatically included and can be ordered as an SLA retainer as an option.
11.2 Support hours: Monday—Friday, 08:00 — 16:00 CET/CEST, excluding Austrian holidays.
11.3 Response time: First reaction within 24 hours within support hours. Priority resolution dates in accordance with SLA.
11.4 Services outside support hours or without an SLA will be provided based on expenses at the current hourly rates.

12. Warranty

12.1 Warranty period: 12 months from acceptance. Warranty refers to functions documented in the backlog/SOW within the scope of the technical capabilities of the platforms used.
12.2 Defects must be reported via the customer portal or by email. The provider will correct justified deficiencies within a reasonable period of time.
12.3 No warranty for disruptions caused by third-party platforms, their changes, limits, or failures; the provider provides appropriate support.

13. Liability

13.1 The provider is fully liable for personal injury as well as for intent and gross negligence.
13.2 In the event of slight negligence, the provider is only liable for breach of essential contractual obligations and is limited in amount to net project price of the affected project; in the case of pure SLA services without project reference to the last twelve (12) months net charges paid.
13.3 The substitute indirect damage, lost profit, loss of data (unless the customer has made appropriate data backups) and Consequential damage is excluded to the extent permitted by law.
13.4 Claims expire within six (6) months From knowledge of the damage and the person causing the damage, in any case within three (3) years from a damaging event.

14. Customer's obligations to cooperate

14.1 The customer provides all information, content and access required for the provision of services in a timely and complete manner and actively participates.
14.2 Delays due to lack of involvement will postpone deadlines accordingly; additional expenses will be charged according to expenditure.

15. Deadlines, delay, force majeure

15.1 Dates must be recorded in writing.
15.2 Unforeseeable events (in particular failures/changes with third-party providers, official orders, force majeure) release deadlines for the duration of the impairment.
15.3 If the provider is in default, the customer must set a reasonable period of grace.

16. Contract termination and exit

16.1 The project ends with acceptance of the agreed services.
16.2 Suspension/termination for important reason: In the event of late payment after two reminders, serious breaches of duty or objective impracticability by third parties, the provider may suspend services or terminate the contract.
16.3 Exit support: On request, the provider will assist you with the transfer to customer accounts (e.g. your own Glide account) for an expense fee.
16.4 After the end of the contract, Section 10.5 (Deletion) and Section 8 (Rights) apply accordingly.

17. Final provisions

17.1 Written form: Amendments and additions must be made in writing; this also applies to the waiver of the written form requirement.
17.2 Salvatory clause: Ineffective provisions will be replaced by those that come closest to the economic purpose.
17.3 Law/Jurisdiction: Austrian law applies. Jurisdiction is catfish.
17.4 Place of Fulfilment is the seat of the provider.