Dominik Lehner Solutions – DLS
Version 1.0 · 19 September 2026
1. Scope and contractual basis
1.1. These General Terms and Conditions apply to IT services provided by the contractor identified in full in the respective quotation, hereinafter “DLS”, to businesses established in Austria where the transaction forms part of their business operations. They do not apply to consumer transactions.
1.2. These Terms form part of a contract where their application has been agreed and they were made available to the customer in a storable form before the contract was concluded. The version agreed when the contract is concluded shall apply.
1.3. Individual agreements take precedence over these Terms. Expressly incorporated service, maintenance, hosting or data-protection schedules take precedence for their respective subject matter.
1.4. Deviating customer terms apply only where DLS expressly agrees to them. Accepting an order or performing services alone does not constitute such agreement.
1.5. New versions of these Terms do not automatically amend existing contracts.
2. Quotations and conclusion of contract
2.1. DLS quotations are binding during the acceptance period stated in them. If no period is expressly stated, statutory provisions apply.
2.2. A contract is concluded when DLS receives a declaration of acceptance that can be clearly attributed to the relevant quotation. Statutory provisions govern timeliness. Acceptance with amendments requires DLS’s consent.
2.3. Automatic acknowledgements of receipt and mere dispatch or read confirmations do not in themselves constitute acceptance.
2.4. Contractual declarations and amendments may be agreed by email unless law or an express agreement requires a stricter form. The declaring person and the declaration’s content must be identifiable. Declarations must be made by a person with appropriate authority to represent the party.
3. Scope of services
3.1. The content and scope of services follow from the quotation, service description and incorporated schedules, including agreed functions, deliverables, technical prerequisites, interfaces and dates.
3.2. For agreed work results, DLS owes contractual creation of those results. For advice and ongoing support, DLS owes professional performance; a specific commercial result is owed only where expressly agreed.
3.3. Ongoing hosting, maintenance, monitoring, backup, support and further development are commissioned only to the extent agreed. Statutory warranty rights and applicable update obligations remain unaffected.
3.4. Accessibility, security and implementation requirements arising from legal obligations are specified in the service description according to the agreed intended use. This does not exclude statutory obligations or professional duties to examine and warn.
3.5. The order specifies who contracts with other providers for additional services or licences and who bears the agreed costs.
4. Cooperation and dates
4.1. The customer provides agreed content, information, access, testing opportunities, decisions and approvals in good time, and ensures that supplied materials may lawfully be used to the agreed extent.
4.2. Credentials must be provided through an appropriate secure transmission channel. Access rights must be limited to what is necessary for the service.
4.3. DLS informs the customer of identifiable obstacles and unsuitable specifications insofar as this is covered by its professional duties to examine and warn.
4.4. If missing cooperation delays performance, DLS communicates the foreseeable effects. Affected dates move only by the demonstrably caused delay and a necessary reasonable restart period; DLS considers reasonable measures to limit the delay.
4.5. Before interventions in production systems, the parties determine who creates required backups and verifies restorability. Backup duties expressly assumed by DLS remain in force.
4.6. Additional services due to changed or late cooperation are agreed under clause 5. Statutory claims remain unaffected.
5. Changes and additional services
5.1. Changes to scope, remuneration, binding dates, data-protection roles, service levels or rights of use must be agreed in a separate amendment before implementation.
5.2. DLS describes the requested change and its foreseeable effects on costs, dates and affected contractual elements. Implementation follows express acceptance of the amendment.
5.3. Non-binding effort estimates, internal notes and purely technical working arrangements do not by themselves constitute a chargeable change order. Effective individual agreements remain unaffected.
5.4. Without agreement on a change, the existing order remains decisive. If the requested change or new circumstances affect its performance, the parties agree on the next steps.
6. Remuneration and payment
6.1. Price model, remuneration, VAT, instalments and payment period follow from the individual order. Where no payment period is agreed, due dates follow statutory provisions.
6.2. For time-based billing, agreed hourly rates or other billing units apply. DLS documents billed services and effort in a comprehensible manner.
6.3. Third-party costs, travel expenses and other additional costs are charged only where agreed in the order or an accepted amendment.
6.4. Effort estimates and cost estimates are identified as such. Statutory notification and warning duties for foreseeable cost overruns remain unaffected. An extension of scope requires agreement under clause 5.
6.5. In the event of late payment, statutory provisions on default interest and recoverable collection costs apply. Statutory objections and rights of set-off and retention remain unaffected.
7. Delivery, acceptance and warranty
7.1. DLS makes agreed work results available and informs the customer of completion. Where acceptance is agreed, examination takes place against contractual requirements and acceptance criteria within the agreed reasonable review period.
7.2. The customer describes identified defects as comprehensibly as possible and provides reasonable information for investigation, such as error messages and reproduction steps. Lack of technical detail alone does not prevent notification of a defect.
7.3. The parties document acceptance or defects preventing it. Minor defects that do not materially impair agreed use do not prevent acceptance; they are documented and remedied under warranty.
7.4. Mere silence and use for testing do not constitute acceptance. Acceptance does not waive statutory warranty claims.
7.5. Statutory warranty provisions apply. Statutory duties to examine and give notice remain unaffected; these Terms do not extend them generally to all services.
7.6. Changes by the customer or third parties do not alone remove warranty. What matters is whether and to what extent the claimed defect results from such change.
7.7. Remedying warranty defects does not require a maintenance contract. Chargeable services outside warranty are agreed before performance.
8. Rights of use and documents
8.1. Special rights of use, including exclusive rights, resale rights and delivery of source code, editable files and documentation, are specified in the order.
8.2. Unless otherwise agreed, after full payment of remuneration attributable to the work result, the customer receives a non-exclusive right of use unlimited in time and territory within the agreed contractual purpose. For a website created for public operation, this includes publication, operation and maintenance.
8.3. The customer may adapt the work result within that purpose and use service providers for this. Independent marketing or sublicensing outside that purpose requires a separate agreement.
8.4. Rights in pre-existing components, standard software, open-source software and third-party material follow their respective licence terms. Before agreed use, DLS informs the customer of relevant limitations and ongoing costs, and uses such components only where the required rights for agreed use exist.
8.5. Use necessary for testing and acceptance is permitted before full payment.
8.6. Administration access and agreed handover documents due to the customer are supplied as part of handover. Handover does not waive warranty.
9. Liability
9.1. DLS is liable in accordance with statutory provisions. These Terms contain no additional contractual limitation of liability.
9.2. Statutory rules on contributory fault and mitigation of damage remain unaffected. Both parties inform one another immediately about identifiable material damage or concrete risks of damage connected with performance.
10. Confidentiality and data protection
10.1. Both parties protect the other party’s confidential information and use it solely to perform the contract. Access is given only to persons who need it for their tasks and are bound to confidentiality.
10.2. The confidentiality obligation does not cover information demonstrably lawfully public, already known without a duty of confidentiality, lawfully obtained from third parties or independently developed. Statutory disclosure duties remain unaffected.
10.3. The obligation continues after the contract ends for as long as a legitimate confidentiality interest exists.
10.4. Data-protection roles follow the actual processing. Where DLS processes personal data on the customer’s behalf, the parties conclude an agreement under Article 28 GDPR, including necessary technical and organisational measures, before processing begins.
10.5. Use of further processors, transfers to third countries, and return and deletion of personal data follow legal requirements and the agreed data-protection schedule.
11. Ongoing services and end of contract
11.1. For ongoing services, the individual order regulates in particular scope, service hours, remuneration, term and termination conditions. Defined response times or availability apply only where agreed.
11.2. Statutory withdrawal rights and the right to terminate for good cause remain unaffected. Billing upon early termination follows the agreements made and statutory provisions.
11.3. At contract end, data, documents and access due to the customer are handed over in an orderly manner. Format, scope and date follow the agreement; otherwise, the parties agree a reasonable handover.
11.4. Additional migration or support services are agreed separately. Handover services already owed are not charged additionally merely because the contract has ended. Statutory and contractual duties of return, retention and deletion remain unaffected.
12. Applicable law and disputes
12.1. Austrian law applies, excluding its conflict-of-law rules, insofar as legally permissible.
12.2. Judicial jurisdiction follows statutory provisions.
12.3. The parties first seek to clarify disputes objectively. This does not restrict access to courts or compliance with statutory deadlines.