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Artichoke
Artichoke

Legal

General Terms and Conditions

This English version is a convenience translation. Only the German version of these terms is legally binding. Read the German version

Table of Contents

Artichoke Global Care GmbH, Göstling 51, A‑3345 Göstling an der Ybbs, Austria
Version: 16 October 2026

1. Scope and subject matter

These GTC apply to all contracts, deliveries and services of Artichoke Global Care GmbH (hereinafter "Provider") vis-à-vis entrepreneurs within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) who commission IT services. No services are provided to consumers. Deviating terms and conditions of the Customer shall not be recognised unless the Provider expressly agrees to their validity in writing.

2. Performance of services and subcontractors

  • The Provider performs the services described in the order at its own professional discretion. The manner of performance, including the decision to engage subcontractors or partners, is reserved to the Provider.
  • The Provider undertakes to comply with all applicable statutory provisions, in particular the General Data Protection Regulation (GDPR), as well as with contractual agreements.
  • Persons deployed by the Provider do not enter into an employment relationship with the Customer.

3. Customer's duties to cooperate

  • The Customer undertakes to perform all acts of cooperation required for the successful completion of the project in a timely and complete manner. This includes in particular providing the necessary information, data, access and contact persons.
  • The Customer is obliged to support the success of the project through active cooperation. Delays or additional effort attributable to insufficient cooperation shall be borne by the Customer.

4. Scope of services and adjustments

  • In the event of significant deviations of the actual order volume from the originally agreed scope, the Provider reserves the right to adjust the terms accordingly after consultation with the Customer.
  • Changes to and extensions of the scope of services require a written agreement between the parties.

5. Deadlines and delays

  • Agreed performance deadlines are generally non-binding unless they have been expressly confirmed as binding.
  • The Provider shall not be liable for delays arising from circumstances beyond its control (e.g. force majeure, failure of subcontractors, lack of cooperation by the Customer). The Provider nevertheless undertakes to use its best efforts to meet the agreed deadlines.
  • If performance is delayed due to circumstances within the Customer's sphere of responsibility, the deadlines shall be extended accordingly.

6. Remuneration and terms of payment

  • The remuneration is based on the prices agreed in the contract and, unless otherwise agreed, is due without deduction within 7 days of invoicing.
  • Unless otherwise agreed, 50% of the total amount is due upon placement of the order and the remainder upon completion of the order.
  • The Provider is entitled to invoice separately any additional effort resulting from change requests or insufficient cooperation by the Customer.

7. Liability

  • The Provider shall only be liable for damage caused by an intentional or grossly negligent breach of duty. In the case of slight negligence, the Provider shall only be liable for the breach of material contractual obligations (cardinal obligations), limited to the foreseeable damage typical for the contract.
  • Liability for loss of profit, indirect damage or consequential damage is excluded to the extent permitted by law.
  • These limitations of liability do not apply in the event of injury to life, body or health, in the event of fraudulent intent, within the scope of guarantees given, or under the Product Liability Act.

8. Confidentiality and data protection

  • Both parties undertake to keep confidential all confidential information obtained in the course of their cooperation.
  • The Provider undertakes to comply with the applicable data protection regulations, in particular the GDPR, and to take appropriate technical and organisational measures to protect the data.

9. Rights to work results

  • Unless otherwise agreed, all rights to the work results created by the Provider remain with the Provider until the agreed remuneration has been paid in full.
  • Upon full payment, the Customer receives a simple (non-exclusive), non-transferable right to use the work results to the extent required to fulfil the purpose of the contract.

10. Final provisions

  • Amendments and supplements to these GTC must be made in writing. This also applies to any waiver of this written form requirement.
  • Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  • Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by the statutory provisions. The contracting parties undertake to agree on a new provision that comes as close as legally permissible to the originally intended purpose of the invalid or unenforceable provision.
  • The place of jurisdiction for all disputes arising from or in connection with this contract shall be, to the extent permitted by law, the registered office of the Provider.