Last updated: October 13, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://madana.at website and other services  (the “Service”) operated by Madana - DI David Nathanael Mattersdorfer (“contractor”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Website

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Madana - DI David Nathanael Mattersdorfer and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Madana - DI David Nathanael Mattersdorfer.

Madana - DI David Nathanael Mattersdorfer has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Madana - DI David Nathanael Mattersdorfer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Austria without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

 

General Terms and Conditions

 

Project Execution and Termination
  1. In the event of an early termination of the project by the client, the client is obligated to pay the contractor a compensation amounting to 50% of the outstanding services.
  2. As this offer involves the deployment of my services (the ‘Contractor’), in the event of unforeseen circumstances (including illness), the performance period or parts of the scope of services may be postponed or re-negotiated. Additionally, in such a case, another professionally suitable individual may be appointed by the contractor to carry out the project
  3. The contractor is at its discretion entitled to perform services itself, to use third parties in the provision of commissioned services, and/or to substitute such services (“third-party services”), always ensuring that third parties commissioned have the necessary professional competence and relevant qualifications.
 Client Acknowledgement and Information
  1. The contractor is allowed to name the client and describe the scope of this project including the achieved results to third parties in the following means:
    1. During the project in order to achieve the above mentioned objective.
    2. After the project as a future reference.
  2. All necessary information required for the successful execution of the project will be provided to the contractor by the client.
  3. The client’s contact information will be saved, and they may be reached out to for future automated invoicing, updates, references, and related communications.
Costs and Payments 
  1. If not specified otherwise, extra project costs for the client e.g. materials, travelling, hotel etc. will be paid by the client or an additional according fee will be invoiced by the contractor.
  2. If not specified otherwise, the delivered working hours by the contractor will be invoiced latest by the end of every month in which the working hours were executed.
  3. The payment by the client of open invoices is due 14 days after the invoice has been issued.
  4. The Client shall have no right to reclaim any money transferred due to services invoiced by the Contractor.
  5. If not specified otherwise, prices are generally excluding VAT. In case the client’s invoicing address is within the EU, but not within Austria, the invoices are subject to the Reverse-charge system – the tax liability is hereby shifted to the client.
Work Schedule and Location
  1. If not specified otherwise, the projected working days/hours will be spent when the contractor finds it most suitable in order to achieve the best outcome for the project.
  2. A working day means 8 hours of work.
  3. If not specified otherwise, the place of work will be chosen by the contractor e.g. remote or in Vienna.
 Limitation of Liability and Indemnification
  1. Limitation of Liability: The Contractor shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of business opportunities, or any financial losses arising out of or in connection with the services provided under this Agreement.
  2. Indemnification: The Client agrees to indemnify, defend, and hold harmless the Contractor from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorney fees and costs, arising out of or in any way connected with the services provided, except to the extent that such claims are solely attributable to the gross negligence or willful misconduct of the Contractor.
  3. Disclaimer of Warranties: The Contractor provides services on an “as-is” basis and makes no warranties, express or implied, regarding the services, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
  4. Limitation of Liability Cap: In any event, the total liability of the Contractor under this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid to the Contractor for the specific services giving rise to the liability.
  5. Force Majeure: The Contractor shall not be liable for any failure to perform its obligations under this Agreement if such failure is due to any cause beyond the Contractor’s reasonable control, including but not limited to acts of God, war, strikes, or governmental regulations.
Legal Jurisdiction
  1. For mutually corporate transactions, the competent court of the provincial capital Vienna shall have jurisdiction for all claims and any disputes arising from and on the basis of agreements or contracts with the contractor, as well as in connection with the provision of services.
Entire Agreement
  1. Entire Agreement: These General Terms constitute the entire agreement between the parties regarding liability and supersede any prior or contemporaneous agreements, understandings, or representations regarding the same. By engaging in the services of the Contractor, the Client acknowledges and agrees to the above terms, thereby waiving any rights to claim any damages or financial losses from the Contractor.

Contact Us

If you have any questions about these Terms, please contact us.

Allgemeine Geschäftsbedinungen (DE) - General Terms and Conditions (EN) - Datenschutzerklärung (DE) - Privacy Policy (EN)