Legal
General Terms and Conditions
For all contracts between LEXORA (Tom Häusler, sole proprietorship) and business customers for services around B2B growth systems.
This is an English translation provided for convenience. The German version is the legally binding one.
§ 1 Scope
These terms apply to all contracts between LEXORA (Tom Häusler, sole proprietorship) and businesses within the meaning of § 1 of the Austrian Commercial Code (UGB) for consulting, build and operating services in the field of B2B growth systems, in particular market intelligence, account intelligence, engagement, sales infrastructure and revenue intelligence ("Services"). Deviating terms of the customer apply only if LEXORA has expressly agreed to them in writing. These terms apply exclusively to businesses.
§ 2 Conclusion of contract
Offers by LEXORA are subject to change and non-binding unless expressly designated as binding. A contract is concluded by written order confirmation from LEXORA or by signing an individual service agreement.
§ 3 Description of services
The scope and content of the Services follow from the respective offer or service agreement. Changes to the scope require a written agreement (change request).
§ 4 Prices and payment
The prices stated in the respective offer apply, plus statutory VAT. Unless agreed otherwise, invoices are payable within 14 days net of the invoice date without deduction. In the event of culpable default, default interest applies under § 456 UGB (9.2 percentage points above the base rate); statutory reminder and collection costs may be claimed.
§ 5 Customer's duties to cooperate
The customer provides LEXORA in good time with all information, access and resources required to deliver the Services and names a contact person. Delays caused by a lack of cooperation on the customer's side are not attributable to LEXORA and entitle LEXORA to adjust deadlines and remuneration.
§ 6 Deadlines
Dates and deadlines are non-binding planning values unless expressly agreed as "binding".
§ 7 Warranty
The statutory warranty rules apply unless these terms or the service agreement provide otherwise. LEXORA has the right to remedy defects. The duty to give notice of defects under § 377 UGB applies: defects must be reported in writing within a reasonable period after delivery or after they become apparent; otherwise the Services are deemed approved.
§ 8 Liability
LEXORA is liable without limitation under the statutory provisions for intent and gross negligence. For slight negligence, LEXORA is liable only for breaches of essential contractual obligations and, in amount, limited to the damage typically foreseeable for this type of contract. Liability for indirect damage and lost profit is excluded to the extent permitted by law. Mandatory statutory liability provisions (in particular under the Austrian Product Liability Act) remain unaffected.
§ 9 Confidentiality and data protection
Both parties treat all confidential information that becomes known in the course of the collaboration as strictly confidential. The processing of personal data on behalf of the customer is governed by a separate data processing agreement under Art. 28 GDPR.
§ 10 Term and termination of ongoing services
Ongoing contracts (monthly partnership) renew automatically by one month at a time unless terminated in writing to the end of a month with the agreed notice period. The right to extraordinary termination for cause remains unaffected.
§ 11 References
After completion of a project, LEXORA may name the customer as a reference (name, logo) unless the customer objects in writing.
§ 12 Final provisions
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. To the extent permitted by law, the place of jurisdiction is the competent court in Vienna. Should individual provisions be invalid, the validity of the remaining provisions is unaffected.