Business Terms (B2B)

Version: 29 September 2026

1. Contracting party and scope

These terms govern agreed business services supplied by Fasky e.U., proprietor Thomas Leiter, Albert-Schweitzer-Gasse 8, 8020 Graz, Austria, to customers acting in the course of their business or professional activities. Further business details are available in our Impressum.

These terms apply only if the parties agree to incorporate them before concluding the relevant contract. Visiting this website does not create a service contract. Individually agreed contractual provisions take precedence over these terms. A later update of this page does not automatically change an existing contract.

These terms do not apply to consumers, job seekers acting in a private capacity, or the download or use of Fasky's consumer apps, in-app purchases, or subscriptions through the Apple App Store or Google Play. The terms and privacy information supplied for the relevant app and the applicable store terms must be consulted separately. Mandatory consumer rights remain unaffected.

2. Offers, orders and agreed services

The accepted quotation or individual agreement specifies the services, deliverables, fees, schedule, responsibilities and any acceptance criteria. A contract is concluded when both parties agree to the order, including by email, unless a different form is expressly required. Estimates are not fixed-price commitments unless designated as such.

Software development, licensing, maintenance, consulting and any other business services must be described in the individual agreement. Recruitment or placement assignments require a separate agreement defining the assignment, any fee trigger and any replacement or cancellation arrangements; these terms do not create an automatic placement commission or guarantee.

Preparation of a quotation is chargeable only if the customer agrees to that charge in advance. Changes to the scope or additional work require agreement on their effect on fees and delivery dates before the additional work starts.

3. Cooperation and delivery

The customer must provide the information, decisions, access and materials reasonably needed to perform the agreed services and must have the necessary rights to the materials supplied. Each party is responsible for appropriate safeguards for systems and data within its control. Personal data should be used for testing only where necessary and lawfully permitted; anonymised or synthetic data should be used where practicable.

Binding delivery dates are those agreed in the contract. If an impediment arises, the affected party must inform the other promptly and explain the expected effect on performance. Any extension or additional cost must be justified by the circumstances and agreed where required by law or contract. Statutory remedies for delay remain unaffected.

Where acceptance is agreed, the customer will examine the deliverables against the agreed specification and report identified defects with sufficient detail to allow investigation. Silence or productive use alone does not constitute an agreed waiver of defect claims. Acceptance and remedies otherwise follow the contract and applicable law.

4. Fees, expenses and payment

Unless expressly stated otherwise, business quotations are in euros and exclude applicable VAT. Fixed fees, hourly rates, expenses, travel charges and milestone payments are those agreed with the customer. Additional expenses require advance agreement. Rates are not changed retrospectively.

Unless the individual agreement provides otherwise, invoices are payable within 14 days of receipt. An advance payment of up to 50% of the project price may be included in the accepted quotation. Partial invoices may be issued for agreed milestones or separately deliverable services.

Customers should notify Fasky promptly of invoice discrepancies. Statutory rights of withholding payment and set-off remain unaffected.

For late payment, statutory default interest and legally recoverable collection costs apply, including the applicable conditions under sections 456 and 458 UGB and section 1333 ABGB. Any additional recovery costs must satisfy the applicable necessity and proportionality requirements.

Suspension of services or termination for non-payment is subject to applicable law and, where required, prior notice and a reasonable additional period for payment. The customer remains responsible for sums lawfully due.

5. Intellectual property and software licences

Unless the individual agreement provides otherwise, copyright and other intellectual property rights in Fasky's work remain with Fasky or the relevant rights holder. On payment of the agreed fee, the customer receives the usage rights specified in the agreement for the agreed purpose. Third-party and open-source components remain subject to their respective licences, which must be identified where relevant.

Source-code delivery, exclusive rights, redistribution rights and any additional licence fees must be expressly agreed. Mandatory rights concerning backup copies, interoperability and lawful use remain unaffected.

6. Defects, maintenance and updates

Statutory warranty rights and any agreed additional guarantees apply. Customers should describe defects and relevant operating conditions sufficiently to support investigation. Any statutory inspection or notification duties apply only where their legal requirements are met.

A customer modification, third-party intervention or unsuitable operating environment affects a claim only to the extent relevant under applicable law, including where it caused the defect.

Ongoing support and maintenance beyond statutory obligations require an agreement defining scope, duration and charges. Statutory obligations concerning necessary software updates remain unaffected unless a legally valid individual agreement provides otherwise.

7. Liability

Liability, the allocation of the burden of proof and the limitation of claims are governed by applicable law unless a valid individual agreement provides otherwise. Fasky remains responsible for persons it engages to perform the contract to the extent provided by law.

8. Termination and cancellation

Termination, withdrawal for non-performance and the consequences of cancellation are governed by the individual agreement and applicable law. Where required, the party seeking termination must first give notice and a reasonable opportunity to remedy the breach.

Any agreed cancellation settlement must take account of the services already performed, costs properly incurred, costs saved and other amounts relevant under applicable law. Statutory termination rights remain unaffected.

9. Confidentiality and personal data

Each party must protect the other party's non-public business information obtained in connection with the contract, use it only for the agreed purpose, and disclose it only to persons who need it and are bound by appropriate confidentiality obligations, or where disclosure is legally required. This does not cover information that is lawfully public or independently obtained without a confidentiality obligation.

Each party must comply with the GDPR and applicable Austrian data-protection law for processing within its responsibility. If Fasky processes personal data on the customer's behalf, the parties must conclude an appropriate agreement under Article 28 GDPR before that processing begins. Where the parties act as separate or joint controllers, their responsibilities must be determined according to the actual processing activities.

These contractual provisions do not replace the privacy information that must be provided to affected individuals.

10. Applicable law and final provisions

Austrian law applies to contracts within the business-to-business scope of these terms. To the extent legally permissible, the competent court in Graz has jurisdiction over disputes arising from those contracts. Mandatory statutory provisions remain unaffected.

Contract amendments should be recorded in writing, including by email, for clarity and evidence. Mandatory form requirements remain applicable. If a provision is ineffective, the remaining provisions remain effective to the extent permitted by law; the applicable statutory rules fill any resulting gap.

Questions about a business contract can be sent to office@fasky.io.