1. Introduction

Welcome to femur-IT e.U. These Terms & Conditions govern your use of our services. By engaging with our services, you agree to comply with and be bound by these terms.

2. Business Name

femur-IT e.U., also referred as “we” / ”us” / ”our”.

3. Services Offered

We provide IT-Infrastructure-as-a-Service, including but not limited to:

• • Device Management
  • Account Management
  • Network Maintenance
  • Procurement
  • Service Case Handling
  • Lifecycle Management
  • IT-Helpdesk
  • IT-Security
  • Security Trainings
  • Documentation

All services are built with ZeroTrust in mind.

The specific list of services and their functionality, applicable to an individual customer, will be defined in the individual offer which will be provided by femur-IT e.U. and signed, if accepted, by the customer upon commissioning.

4. Service Area

Our headquarters are located in Vienna, Austria. While we serve clients globally, our operations adhere to Austrian office hours (09:00 – 18:00) and holidays.

5. Client Responsibilities

Clients are responsible for:
(a) Informing us about changes in their team structure at least 24 hours and on- and offboardings of employees at least two weeks in advance.

(b) Notifying us about additional systems and services they plan to use or implement in advance. (femur-IT e.U. cannot held responsible for any incompatibilities of hard- and/or software, if the client has not consulted femur-IT e.U. in advance on that matter.)

6. Payment Terms

(a) All invoices are issued in Euro (€).

(b) Payments must be made by bank transfer to the account specified on the invoice.

(c) Payments are due upfront, within fifteen (15) days from the invoice date.

(d) Delayed payments will be notified once with a three-day grace period. After this period, an interest rate based on the ECB base rate +8% will be applied.

(e) Payments still outstanding thirty (30) days after the original invoice date, open the possibility for femur-IT e.U. to hold/freeze/suspend one, multiple or all provided services and products, related to the defaulting customer, till all outstanding payments, including interest rates, are paid.

7. Service Level Agreements (SLAs)

(a) We guarantee a maximum first-response time of two hours during working hours (as defined in Section 4). We strive to respond much faster in most cases.

(b) A fair-use-policy applies for all requests:

a. For every user (based on paid Monthly User Fees) a total of three (3) helpdesk tickets per month is included. The amount of available helpdesk tickets ads up to a pool, available to all users of the customer’s company. Unused helpdesk tickets cannot be transferred to other customers or to following months. Additional helpdesk tickets after the monthly pool is used up would result in additional costs of 5% of the price of a single Monthly User Fee per additional ticket.

b. Company related requests (e.g. additional IT-projects; requests outside the individually defined list of services; …) are limited to one (1) active request at the same time. Customers can choose to re-prioritize their requests in case of new requests while there is still an active one.

8. Termination Policy

(a) Contracts are binding for six (6) months.

(b) After the initial six months, contracts can be canceled on a monthly basis by each party.

(c) Cancellation will be effective from the last day of each month, with an additional one (1) month termination period in case of customer cancellation and two (2) month termination period in case of femur-IT e.U. cancels the contract.

(d) The cancellation terms, mentioned in Section 8/Sub-Sections (a/b/c), do not apply in the unlikely case of one or multiple of the following events:

a. The insolvency or bankruptcy of either of the parties.
b. Outstanding payments for sixty (60) days.
c. Legal or regulatory violations.
d. Serious security incidents or misuse of the services of femur-IT e.U., including but not limited to: Unauthorized access to systems, networks, or data; loss, theft, or unauthorized disclosure of confidential or sensitive data; denial-of-service attacks; misuse of stolen or compromised access data. In minor cases, the customer is granted a 15-day period to remedy the violation from the time it becomes known, before Section 8 (d) of this agreement applies.
e. Force majeure.
f. Violation of data protection or privacy laws.
g. Harmful conduct.

Instead, an immediate cancellation of the contract including all of its attached services and included products, will be the consequence.

(e) A cancelled contract, independent if cancelled under Section 8/Sub-Section (c) or Sub-Section (d), does not cancel out any outstanding payment requests or invoices, including any applicable interest rates.

9. Liability Limitations

(a) femur-IT e.U. is not liable for indirect, incidental, special, or consequential damages, including but not limited to lost profits, revenue, or data losses arising from the use of our services, except where such damages are caused by proven gross negligence, proven intentional misconduct, or breach of cardinal obligations by femur-IT.

(b) Our total liability for any claim arising out of or relating to these terms shall not exceed the amount paid by the client for the services in the six months preceding the claim.

10. Confidentiality

(a) We are committed to protecting the confidentiality of client data.

(b) All client information will be handled in accordance with GDPR regulations.

(c) Both parties agree to keep confidential all information that is not publicly available and to use such information only for the purposes of fulfilling their obligations under these terms.

11. Dispute Resolution

(a) Any disputes arising out of or in connection with these terms shall be resolved through amicable negotiations.

(b) If a resolution cannot be reached, the dispute shall be referred to and finally resolved by arbitration in Vienna, Austria, in accordance with the rules of the International Chamber of Commerce (ICC).

12. Governing Law

These terms shall be governed by and construed in accordance with the laws of Austria.

13. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the other provisions of these terms, which shall remain in full force and effect.