Terms and Conditions

These Terms and Conditions govern all business relationships between Management Consulting Mayr / x25lab.com (hereinafter the “Provider”) and customers or users (hereinafter the “Customer”). They apply to all services offered by the Provider, in particular on-site, hybrid or remote IT services, consulting, project and service work, as well as online software tools, portals and digital content. Any deviating terms of the Customer shall apply only if expressly confirmed by the Provider in writing.

Website/Platform: The online presence at https://x25lab.com as well as related subdomains, portals and tools.
Services: All services, work services and/or mandate services, support, maintenance, training, consulting, project work, deliverables (e.g. concepts, documents, source code, configurations), as well as software tools and subscriptions.
Offer: Service description including scope, assumptions, prices, dates, billing, any expenses and special conditions.

The contract is concluded by written acceptance of an offer, by an order placed by the Customer (e.g. by email, form or checkout), or by the start of service performance. In the event of contradictions, the following order of precedence applies: (1) individually agreed offer/contract, (2) service description/SLA, (3) these Terms and Conditions.

The Provider shall render services as agreed in the form of consulting, support, project and service work as well as work services (with a defined result) or mandate services (performance of activity without guarantee of success). Services may be provided on the Customer’s premises, in hybrid form or remotely. The Provider decides on the specific staffing and may involve subcontractors, unless mandatory confidentiality or security requirements of the Customer expressly oppose this in writing.

The Customer shall provide all required information, access rights, contacts, test data, decision paths and infrastructure in due time and shall cooperate in acceptance procedures, tests and responses within a reasonable period. Delays or additional costs caused by missing or late cooperation shall be borne by the Customer. The Customer shall ensure that it is authorised to use or provide data and systems.

Deadlines are binding only if they have been expressly agreed in writing as binding. In the event of circumstances outside the Provider’s sphere of influence (e.g. outages of third parties, power/internet failures, cyberattacks, official orders, strikes, natural events), deadlines shall be extended appropriately. The Provider shall inform the Customer as soon as it becomes apparent that deadlines cannot be met.

Changes to the scope of services, additional requirements, new priorities or activities not included in the offer shall be treated as change requests and shall be quoted separately or billed on a time-spent basis. The Provider is not obliged to implement changes without written approval.

In the case of work services, the result shall be deemed accepted if (a) the Customer declares acceptance in writing, or (b) the Customer uses the result productively, or (c) the Customer does not report any material defects in writing within 10 working days after provision. Minor defects do not entitle the Customer to refuse acceptance, but shall be remedied within a reasonable period.

The prices stated in the offer or at checkout shall apply. Unless agreed otherwise, billing shall take place on a time and material basis using the agreed hourly rates. Travel times, expenses, overnight stays, meals as well as any third-party and licence costs shall be charged in accordance with the offer or at actual cost. For on-site assignments, minimum charges per assignment/day may apply if stated in the offer.

Chargeable services are clearly indicated before use. Online payments are generally processed immediately and securely via Stripe. Payment by invoice is possible only after prior written approval. Unless agreed otherwise, invoices are due for payment immediately and without deduction (no discount). In the event of late payment, the Provider may charge reminder fees and default interest of 5% per year. The Provider is entitled to suspend services in the event of payment arrears.

Subscriptions (e.g. tool access, maintenance, support packages) run for the term indicated at the time of conclusion and, unless otherwise stated, renew automatically for the same period. Cancellation is possible no later than 30 days before the end of the term. One-off project contracts end upon fulfilment of the agreed services. The right to terminate without notice for good cause remains reserved.

For online tools and portals, the Provider owes availability in line with the state of the art within operational possibilities. Planned maintenance windows and security-related updates may lead to temporary interruptions. There is no entitlement to uninterrupted availability. Any response times, support times and SLAs apply only if expressly agreed.

The Provider may use third-party products and services for the provision of services (e.g. cloud, hosting, payment, APIs, collaboration tools). Third-party services are subject to their own terms; the Provider shall not be liable for their availability, security or functionality. The Customer is responsible for disruptions, misconfigurations or incompatibilities in the customer environment (systems, networks, devices, permissions, policies), unless expressly agreed otherwise.

All content, tools, templates, concepts, methods, scripts, source codes and other work results remain the intellectual property of the Provider, unless a transfer or an exclusive right of use is expressly agreed in the offer. The Customer receives a simple, non-transferable right of use to the extent required for the contractual purpose. Open-source components are subject to the respective licences.

Both parties shall keep the other party’s confidential information confidential and use it exclusively for the performance of the contract. This obligation shall continue after the end of the contract. Information that is publicly known or lawfully obtained without breach of a confidentiality obligation shall not be deemed confidential. Statutory disclosure obligations remain reserved.

Personal data shall be processed in accordance with the privacy policy and the applicable data protection regulations. Where the Provider processes personal data on behalf of the Customer (commissioned processing), the Provider may require a separate data processing agreement. The Customer is responsible for the lawfulness of the data transmitted to the Provider and for the required information, consents and instructions.

Reviews and feedback must be objective, fair and truthful. The Provider may remove content that is unlawful or infringes third-party rights. There is no entitlement to publication.

The Provider shall render services to the best of its knowledge and belief and in accordance with industry-standard practices. In the case of work services, warranty is limited to rectification within a reasonable period. Further warranty claims, in particular rescission and price reduction, are excluded to the extent permitted by law. No warranty exists for defects caused by third-party services, the customer environment, improper use, modifications by the Customer or missing cooperation.

The Provider shall be liable to the extent permitted by law. Liability for indirect damage, consequential damage, loss of profit, data loss, production downtime or third-party claims is excluded to the extent permitted by law. Liability is, to the extent permitted by law, limited to the amount of remuneration paid for the affected service in the last 12 months (for one-off projects: to the agreed project remuneration). Mandatory liability provisions, in particular in cases of unlawful intent or gross negligence, remain reserved.

The Provider may use auxiliaries and subcontractors. To the extent permitted by law, the Provider’s liability for acts and omissions of auxiliaries is limited or excluded.

The Customer shall indemnify the Provider against third-party claims arising from unlawful use of the services, from the Customer’s content/data or from an infringement of third-party rights by the Customer. This also includes reasonable legal enforcement costs.

The Provider may temporarily block access to online tools and portals if there is a justified suspicion of misuse, legal violations, security incidents or material breaches of contract. The Provider shall, where possible, inform the Customer in advance or without delay after the blocking.

After the end of the contract, the Provider may deactivate access. Statutory retention periods remain unaffected. Where technically possible and legally permissible, customer-specific data shall be deleted or anonymised within 90 days after the end of the contract, unless statutory or contractual reasons prevent this.

The Provider may amend these Terms and Conditions if there are objective reasons to do so (e.g. changes in the law, expansion of services, security requirements). Amendments shall be announced by email or on the website at least 30 days before taking effect. If the Customer does not object within 30 days of notification, the amendments shall be deemed accepted. In the event of an objection, the Provider may terminate the contract as of the effective date of the amendment.

Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with a valid one that comes as close as possible to the economic purpose. Communication shall generally take place electronically.

Swiss law shall apply exclusively. To the extent permitted by law, the exclusive place of jurisdiction is Wil SG, Canton of St. Gallen, Switzerland.