Terms and conditions
Terms for automation and website development contracts. Version of 22 September 2026.
- Who provides the services
-
Viacheslav Hordiienko
VCSLV — business automation systems
Montafonerstraße 3/9, 6771 St. Anton im Montafon, Austria
UID ATU83584337
office@vcslv.at - Who they apply to
- For businesses within the meaning of § 1 UGB only. Consumer transactions under the KSchG are excluded.
1. Scope
These terms apply to all contracts between VCSLV — Viacheslav Hordiienko, Montafonerstraße 3/9, 6771 St. Anton im Montafon (the “contractor”) — and the client.
Contracts are concluded only with businesses within the meaning of § 1 UGB. Consumer transactions under the KSchG are excluded.
The client’s own terms do not apply, even where the contractor has not expressly objected to them.
The version published on the website at the time the contract is concluded is the one that applies.
2. Conclusion of contract
The information on the website is not a binding offer but an invitation to get in touch. The contract is concluded when the contractor confirms the order in writing or starts work.
Email or a message in a messenger is sufficient to satisfy the written form.
An individual quote is valid for 14 days unless it states a different period.
3. Scope of services
What is owed in each case follows from the quote or the order confirmation. The descriptions on the website show the typical scope but do not replace them.
The contractor holds the free trade licence “Dienstleistungen in der automatischen Datenverarbeitung und Informationstechnik” under the GewO. Legal, tax and medical advice are not part of the services.
Changes to the scope after work has started are agreed separately and billed at an hourly rate of €150 net.
This rate applies only to work beyond the agreed scope and does not change the price of the project itself. The contractor may adjust the rate; for an order already confirmed, the rate valid at the time of confirmation applies.
The contractor may engage subcontractors and remains responsible for the result.
4. The free stage before payment
Before the order, the contractor shows a demonstration of the future system or a design of the site’s first screen. This is free of charge and binding on neither side.
The rights to these materials remain with the contractor. They may not be used without concluding a contract.
5. The client’s cooperation
The client provides texts, images, prices, working rules and access to the necessary services in good time.
The client names one person who takes decisions and gives feedback.
The client warrants that the materials provided do not infringe the rights of third parties.
Feedback is given within five working days. If the client does not respond for more than 30 days, the contractor may bill the part already performed and close the project.
6. Deadlines
The periods stated on the website and in the quote are estimates. They run from the day all materials and access have been received.
A deadline is binding only where the parties have expressly agreed it in writing as a fixed date.
Delays caused by the client or by third-party services extend the deadline accordingly.
7. Handover and acceptance
Handover takes place when the result is running at the client: the website reachable under the client’s domain, the system answering in the client’s channels.
If the launch is delayed for reasons attributable to the client, handover is deemed to have taken place five working days after written notice of completion.
If the client puts the result to productive use, handover is deemed to have taken place in any event.
Minor defects do not postpone handover; they are remedied under the warranty.
8. Prices and payment
All prices are net. 20% Austrian VAT is added.
For the first three pilot projects in each service area the price is fixed: the amount quoted does not change, even if the work turns out to be greater. For all other projects the amounts stated are minimums.
Payment is made in two halves: the first when work begins, the second after handover.
Invoices are payable within 14 days of the invoice date, without deduction.
In the event of late payment, default interest under § 456 UGB of 9.2 percentage points above the base rate and the flat-rate collection cost of €40 under § 458 UGB are charged.
Set-off against counterclaims and the withholding of payments are permitted only in respect of claims that are acknowledged or established by a court.
9. Third-party services
Third-party services are required for operation: messengers, an AI model, hosting, a domain. The client pays for these separately, usually €20–60 a month.
All accounts are set up in the client’s name. The client remains their holder after the work ends.
The contractor is not liable for the availability, prices or terms of third-party services. If a service is discontinued or changes its terms, migrating to a replacement is a separate piece of work.
10. Ongoing support
Support is billed monthly and covers what the quote states: updating prices and services, checking the quality of dialogues, adjusting the flows, and direct contact with the contractor.
The support contract runs for an indefinite period. Either side may terminate it giving one month’s notice to the end of a month.
Work beyond the agreed scope is billed separately.
11. Rights to the result
On payment in full, the client receives the right to use the work results for its own purposes without limitation in time or territory.
Until payment in full, the rights remain with the contractor.
The contractor retains the rights to the tools, libraries and reusable building blocks it uses, and to its general know-how. It may use these in other projects.
Third-party components — fonts, libraries, AI models — are subject to their own licences, which the client must observe.
After project handover the contractor hands over all access credentials.
12. Use as a reference
The contractor may name the client and show the work performed as a reference. The client may object in writing at any time.
In pilot projects, permission to publish, an honest review and one measurable figure after a month of operation are the consideration for the reduced price. If they are withheld, the contractor may recalculate the project at the regular price.
13. AI-based systems
The system answers on the basis of a knowledge base built jointly by the parties. The client is responsible for the correctness of the prices, services and rules it contains.
The answers are generated by a language model and may be inaccurate in individual cases. Complete freedom from error is not technically achievable and is not part of the contract.
Under Article 50 of the EU AI Act the system is identified as a digital assistant, so that the person talking to it can tell they are not talking to a human.
Statements the system makes to the client’s own customers are attributed to the client. Legally significant steps — booking confirmations, discounts, cancellations — are set by the client in rules for which the client is responsible.
For the first two weeks after launch the contractor reviews the dialogues and corrects inaccuracies.
14. Data protection
Where the contractor processes personal data on the client’s behalf, the parties conclude a separate data processing agreement under Article 28 GDPR.
The data of the client’s own customers sits in services registered to the client. The client remains the controller.
Informing its own customers about the processing is the client’s obligation.
15. Warranty
The client inspects the result immediately after handover and gives notice of defects without delay, as § 377 UGB requires. Otherwise the work is deemed approved.
The contractor first remedies the defect. Only if this does not succeed within a reasonable period may the client claim a price reduction.
The warranty period is twelve months from handover.
The warranty does not cover faults caused by the client’s own changes, by failures of third-party services, or by use other than as intended.
16. Liability
The contractor is liable for intent and gross negligence. Liability for slight negligence is excluded.
Loss of profit, consequential damage, loss of data and third-party claims are not compensated.
Liability is limited in amount to the fee for the order concerned.
These limitations do not apply to damage to life, body or health.
The client must make regular backups of its data.
17. Availability
Operation depends on third-party services, so uninterrupted availability is not promised and is not separately agreed.
Response times for faults are agreed, where required, in the support contract.
18. Confidentiality
The parties keep confidential the business information about each other that becomes known to them during the work. This duty continues after the contract ends.
Use as a reference under clause 12 is not a breach of this duty.
19. Ending the contract
The client may end a project before handover. The part already performed is billed pro rata; the first instalment is not refunded once work has begun.
The contractor may withdraw from the contract in the event of payment default of more than 30 days, a lack of cooperation, or where the content of the order breaches the law.
20. Final provisions
Amendments and additions require the written form. This also applies to any waiver of the written-form requirement.
If a provision is invalid, the remaining provisions stay in force. The invalid one is replaced by a permissible provision closest to its purpose.
Austrian law applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is the court with subject-matter jurisdiction for the contractor’s registered office.
The German version of these terms governs. The Russian and English versions serve only to aid understanding.