Terms and Conditions

Effective Date: January 15, 2024

These Terms and Conditions (“Terms”) govern the use of services provided by Lobster Development GmbH (“Company,” “we,” “us,” or “our”) to clients (“Client,” “you,” or “your”). By engaging our services, you agree to be bound by these terms.

1. Company Information

Lobster Development GmbH
Bischofplatz 1, 8010 Graz, Austria
Phone: +43 677 62301664
Email: office@lobster.ly
VAT: ATU75277727

2. Scope of Services

2.1 Service Categories

We provide comprehensive software development services including:

Custom Software Development: Tailored applications and systems
IT Consulting Services: Strategic technology advisory and implementation
Cloud Architecture & Hosting: Scalable cloud solutions and migration
Process Automation: Business process digitization and optimization
Legacy System Modernization: System upgrades and modernization
AI-Driven Solutions: Artificial intelligence integration and development

2.2 Service Delivery

All services are delivered according to mutually agreed project specifications, timelines, and deliverables as outlined in individual project contracts or statements of work.

3. Client Obligations

3.1 Information Provision

Clients must provide:

Accurate and complete project requirements
Necessary access to systems, data, and personnel
Timely feedback and approvals
Required materials and information for project completion

3.2 Cooperation Requirements

Clients agree to:

Participate actively in project planning and review processes
Provide designated project contacts and decision-makers
Maintain reasonable availability for consultations and meetings
Ensure appropriate technical environment for project implementation

4. Intellectual Property Rights

4.1 Client-Owned IP

Clients retain ownership of:

Pre-existing intellectual property
Business processes and domain knowledge
Data provided to us for project implementation
Final deliverables specifically created for the client (unless otherwise specified)

4.2 Company-Owned IP

We retain ownership of:

Pre-existing methodologies, frameworks, and tools
General knowledge and experience gained
Reusable code components and libraries
Proprietary development processes and methodologies

4.3 Third-Party Components

Use of third-party software, libraries, or components is subject to their respective licensing terms, which will be clearly documented and agreed upon.

5. Payment Terms

5.1 Pricing Structure

Fixed-Price Projects: Total cost agreed upon before project commencement
Time & Materials: Hourly rates based on team member expertise levels
Retainer Agreements: Monthly fee for ongoing support and maintenance

5.2 Payment Schedule

Project Milestone Payments: Based on completed deliverables
Monthly Invoicing: For ongoing services and retainer agreements
Payment Terms: Net 30 days from invoice date
Late Payment: Interest charges may apply to overdue accounts

5.3 Expenses

Additional costs such as third-party software licenses, hosting fees, or travel expenses will be agreed upon separately and invoiced accordingly.

6. Project Timeline and Delivery

6.1 Timeline Commitments

We commit to delivering projects according to agreed timelines, subject to:

Client provision of required information and approvals
Scope changes and additional requirements
External factors beyond our reasonable control

6.2 Scope Changes

Changes to project scope, requirements, or deliverables:

Must be documented and agreed upon in writing
May affect project timeline and budget
Will be handled through formal change request process

7. Quality Assurance and Warranties

7.1 Service Standards

We warrant that services will be:

Performed with professional competence and care
Delivered according to agreed specifications
Compliant with applicable industry standards
Free from material defects in workmanship

7.2 Warranty Period

Software defects will be corrected at no charge for 90 days after delivery, provided they:

Relate to non-compliance with agreed specifications
Are not caused by client modifications or misuse
Are reported within the warranty period

8. Limitation of Liability

8.1 General Limitations

Our liability is limited to:

Direct damages only (no consequential, indirect, or punitive damages)
Maximum amount equal to fees paid for the specific project
Claims made within one year of service delivery

8.2 Exclusions

We are not liable for:

Data loss due to client system failures
Third-party software or service disruptions
Business interruption or lost profits
Force majeure events or circumstances beyond our control

9. Confidentiality and Data Protection

9.1 Confidential Information

Both parties agree to:

Maintain confidentiality of proprietary information
Use confidential information solely for project purposes
Implement reasonable security measures to protect data
Return or destroy confidential materials upon request

9.2 Data Protection Compliance

We comply with applicable data protection regulations including GDPR and maintain appropriate technical and organizational security measures.

10. Termination

10.1 Termination Rights

Either party may terminate services with:

30 days written notice for convenience
Immediate termination for material breach (with 10-day cure period)
Immediate termination for insolvency or bankruptcy

10.2 Post-Termination

Upon termination:

Client pays for services rendered through termination date
We deliver completed work products
Confidentiality obligations continue indefinitely
Client receives source code and documentation for completed deliverables

11. Force Majeure

Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including natural disasters, government actions, labor disputes, or technical infrastructure failures.

12. Governing Law and Dispute Resolution

12.1 Applicable Law

These Terms are governed by Austrian law, without regard to conflict of law principles.

12.2 Dispute Resolution Process

Direct Negotiation: Good faith discussions between designated representatives
Mediation: If negotiation fails, non-binding mediation with agreed mediator
Litigation: Austrian courts have exclusive jurisdiction for unresolved disputes

13. General Provisions

13.1 Entire Agreement

These Terms, together with specific project contracts, constitute the complete agreement between parties and supersede all prior understandings.

13.2 Modifications

Terms may only be modified through written agreement signed by both parties.

13.3 Severability

If any provision is deemed invalid, remaining provisions continue in full force and effect.

13.4 Assignment

Neither party may assign rights or obligations without written consent of the other party.

14. Professional Standards and Ethics

We adhere to:

Ethical Business Practices: Transparent, honest, and fair dealings
Professional Development: Continuous improvement of skills and knowledge
Industry Standards: Compliance with relevant technical and professional standards
Environmental Responsibility: Sustainable practices in service delivery

15. Communication and Updates

15.1 Official Communications

All formal communications must be in writing and sent to designated contacts at registered business addresses or official email addresses.

15.2 Terms Updates

We may update these Terms periodically. Clients will be notified of material changes, and continued use of services constitutes acceptance of updated Terms.

Contact Information

For questions about these Terms and Conditions:

Lobster Development GmbH
Bischofplatz 1, 8010 Graz, Austria
Phone: +43 677 62301664
Email: office@lobster.ly

Last updated: January 15, 2024