General terms and conditions

1. Scope

These general terms and conditions apply to all contracts between preispunkt, Simon Mühlbacher, Achenlohe 13, 5222 Munderfing, Austria, and the client concerning consulting services as well as the provision of software for price optimisation. The contracting party is exclusively an entrepreneur within the meaning of § 1 of the Austrian Consumer Protection Act; consumer transactions are not covered by these conditions. Consulting services (sections 2 and 4) and the paid provision of the preispunkt Repricer (sections 2a and 5) are to be assessed separately in legal terms, even where they are combined in a single offer. Deviating conditions of the client apply only with express written consent.

2. Subject matter

The subject matter is the service described in the respective offer. Consulting services are provided as a service; no particular commercial outcome is owed. In particular, potential estimates, margin forecasts and price recommendations are professional assessments based on the data supplied and do not constitute a guarantee of any result.

2a. Provision of the preispunkt Repricer

The software is provided as a hosted service over the internet. Availability is 99 per cent on an annual average, measured at the handover point of the data centre. Announced maintenance windows and outages attributable to the client's systems, to third parties or to force majeure are excluded from the calculation.

Planned maintenance takes place on Sundays between 02:00 and 06:00 and is announced at least 48 hours in advance. Support is available by email Monday to Friday from 9:00 to 17:00 (excluding Austrian public holidays); the response time is four hours within those hours in the event of a full outage, and one working day in all other cases.

Price adjustments are made exclusively within the rules and limits approved by the client. Setting those rules, in particular the price floors, remains with the client.

3. Client's duty to cooperate

The client shall provide the data required for the provision of services — in particular item, cost and transaction data — completely and in good time. Delays resulting from late cooperation are not attributable to preispunkt.

4. Fees and payment terms

Consulting services are billed at daily rates or as a fixed fee; the amount follows from the respective offer. A consulting day comprises eight working hours; part days are charged in half-day increments. Provision of the preispunkt Repricer is invoiced monthly in advance, plus a one-off set-up fee as per the offer.

Consulting services are invoiced monthly in arrears according to progress. Invoices are payable without deduction within 14 days of the invoice date. In the event of late payment, default interest at the statutory rate under § 456 of the Austrian Commercial Code is charged; reminder and collection costs are borne by the client within the limits of § 1333 (2) of the Austrian Civil Code.

Travel time is charged at half the agreed daily rate. Travel costs are charged at the official mileage allowance or according to actual expenditure; accommodation and subsistence costs are charged against receipts. All amounts are exclusive of VAT.

If an agreed consulting appointment is cancelled later than five working days before the date, 50 per cent of the daily rate is charged; for cancellation within two working days, the full daily rate. Travel costs already incurred are reimbursed in every case.

5. Term and termination

Consulting projects end with the delivery of the agreed service. Either party may terminate the consulting contract for good cause at any time without notice. Services already rendered are invoiced in that case.

Provision of the preispunkt Repricer is concluded for a minimum term of twelve months from going live. The contract renews for further twelve-month periods unless terminated in writing by either party with three months' notice to the end of the respective term.

After the contract ends, the client's data is made available in a common format on request and deleted within 30 days, unless statutory retention obligations apply. The right to terminate for good cause, in particular in the event of qualified payment default, remains unaffected.

6. Confidentiality

Both parties undertake to treat all business and trade secrets disclosed in the course of the cooperation as confidential without limitation in time. The client's price and cost data are used exclusively for the performance of the contract.

7. Rights of use

The client receives a non-exclusive, unlimited right to use the concepts, analyses and evaluations produced for its own purposes. All rights in the software provided remain with preispunkt; the client receives a simple, non-transferable right of use for the term of the contract.

8. Use as a reference

preispunkt may name the client as a reference only with the client's express written consent. Anonymised project descriptions that do not permit conclusions about the client are permitted. Consent once given may be withdrawn with effect for the future.

9. Liability

preispunkt is liable for intent and gross negligence in accordance with statutory provisions. Liability for slight negligence is excluded except in the case of personal injury. Compensation for consequential damage, lost profit, savings not realised and damage arising from third-party claims is excluded to the extent permitted by law.

Liability is limited in amount to the fee paid by the client for the affected service in the twelve months preceding the event giving rise to the damage.

Price recommendations and automated price adjustments are based on the data supplied by the client and on the rules and limits approved by them. The commercial pricing decision and compliance with pricing, competition and antitrust law remain with the client. No liability is accepted for damage arising from incorrect, incomplete or outdated cost and master data.

The client shall monitor the price adjustments made by the system to a reasonable extent and report manifestly implausible results without delay. Claims for damages must be asserted in court within six months of becoming aware of the damage and the party causing it, failing which they lapse.

10. Data protection and processing on behalf

Where personal data is processed on behalf of the client in the course of providing services, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR.

11. Final provisions

Austrian law applies, excluding its conflict-of-law rules. The court with subject-matter jurisdiction for Ried im Innkreis, Austria, is agreed as the place of jurisdiction for all disputes arising from this contractual relationship. Amendments and additions require written form; this also applies to any waiver of the written form requirement. Should any provision be invalid, the validity of the remaining provisions remains unaffected; the invalid provision is replaced by one that comes closest to its commercial purpose.

Last updated: October 2026