These Terms and Conditions apply to the provision of services supplied directly or indirectly (i.e. through third parties), either in person on-site or via the Internet.

By purchasing any of our services, you confirm that you have read, understood and accepted these Terms and Conditions, including our Privacy Policy.

Any deviations from these Terms and Conditions shall only be binding if agreed upon in writing on a case-by-case basis.

Offers, Contract Formation and Purchase

All offers are non-binding and remain valid for 14 days.

A contract shall be deemed concluded upon written confirmation by either the Customer or cyberLUTZ GmbH.

Any subsequent amendments or additions shall only be valid if confirmed in writing by cyberLUTZ GmbH.

For the purposes of these Terms and Conditions, a purchase refers to the conclusion of a contract between the Customer and:

cyberLUTZ GmbH

Reimmichlstraße 33/12

9991 Dölsach

Scope of Services and Delivery Periods

cyberLUTZ GmbH provides business consulting and organisational consulting services, limited to the fields of information security, data protection and information technology.

This includes, but is not limited to, acting as an external Chief Information Security Officer (CISO).

The Customer purchases services based on a quotation previously provided by us and, following delivery of the agreed services, is entitled to use the documentation supplied as part of those services for their own internal purposes.

https://www.cyberlutz.com/datenschutzerklaerung/

Performance dates and delivery periods shall be determined by the order confirmation.

In cases of force majeure, cyberLUTZ GmbH shall be entitled to reschedule agreed appointments without being considered in default.

Fees

Fees for our services shall be agreed in accordance with the order confirmation.

Advance payments and instalment payments may be agreed depending on the scope of the engagement.

For contracts with a duration exceeding 12 months, unless otherwise agreed, prices shall be adjusted in accordance with the Austrian Consumer Price Index 2010 (CPI 2010) published by Statistics Austria, or an equivalent successor index.

The index value applicable at the time of contract conclusion shall serve as the basis for future price adjustments. On 1 January of each year, the index value at the commencement of the contract shall be compared with the current January index value to determine the fee adjustment for the following year. In subsequent years, the January index value of the preceding year shall serve as the reference point.

Unless otherwise agreed, the following expenses may be charged separately:

• Travel by private vehicle shall be charged per kilometre at the applicable official Austrian mileage allowance. Travel shall be deemed to commence from the registered office of cyberLUTZ GmbH in Dölsach.
• Costs for rail travel (First Class), flights, taxis, public transport, parking, rental vehicles and similar expenses may be charged based on receipts.
• Accommodation and meal expenses incurred from the day prior to the scheduled business appointment until completion of the appointment shall be reimbursed against receipts unless a flat-rate reimbursement has been agreed in the order confirmation.

Limitation of Liability

Subject to these Terms and Conditions and applicable statutory law, cyberLUTZ GmbH shall only be liable for direct damages resulting from a failure to fulfil contractual obligations relating to our services.

Any such liability shall be limited to the total amount of fees agreed upon at the time of contract execution.

Liability for loss of profits or consequential damages is expressly excluded.

Intellectual Property

Unless otherwise stated, all documents, files and materials provided by us remain our intellectual property or are subject to rights held by us permitting their use and distribution.

Payment Methods

Payment shall be made by bank transfer to the bank account specified by us.

Payment Terms

Unless otherwise agreed, invoices are payable immediately upon receipt without deduction.

All prices are subject to the applicable statutory value added tax (VAT), currently 20%.

In the event of late payment, cyberLUTZ GmbH shall be entitled to charge statutory default interest and fixed debt recovery costs in accordance with Sections 456 and 458 of the Austrian Commercial Code (UGB).

Electronic Invoicing

Quotations and invoices shall be sent electronically as PDF documents to the email address specified by the Customer.

Confidentiality

cyberLUTZ GmbH and its Customers undertake to keep confidential all information relating to the respective other party that becomes known in connection with the contractual relationship and is not publicly available.

This confidentiality obligation shall also be imposed upon employees and any third parties engaged by either party and shall remain in force after termination of the contractual relationship.

Personal data collected during the contractual relationship relating to Customers and their employees is processed solely for contract administration, service delivery and invoicing purposes and is therefore necessary for the performance of the contract.

cyberLUTZ GmbH shall treat such data confidentially and shall not disclose it to third parties except where required by law.

Governing Law and Jurisdiction

These Terms and Conditions and all services provided by cyberLUTZ GmbH shall be governed exclusively by the laws of the Republic of Austria.

The competent court in Innsbruck shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms and Conditions or our services.

Severability

Should any provision of these Terms and Conditions become invalid, unenforceable or otherwise ineffective, the remaining provisions shall remain unaffected. The parties shall replace the invalid or unenforceable provision with a valid provision that most closely reflects the commercial intent and purpose of the original provision to the extent permitted by law.

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