These Terms of Service govern access to the website of Quantara GmbH and the provision of IT Marketing services. By using our site or entering into an engagement with us, you agree to these terms. If you are a consumer within the meaning of EU consumer law, mandatory statutory rights remain unaffected where applicable.
1. About us
Quantara GmbH (registered in Austria) operates from Hygna 38, 6235 Reith im Alpbachtal, Austria. Our registered activity is IT Marketing. We design and deliver marketing strategy, messaging, campaigns, and related advisory work for technology-oriented businesses.
Contact: info@quantara-gmbh.com
2. Scope of these terms
These terms apply to:
- Visitors and users of quantara-gmbh.com and associated pages (including this document and our Privacy Policy).
- Clients who commission IT Marketing services under a proposal, statement of work, or master services agreement.
Project-specific statements of work, rate cards, or signed contracts prevail over these general terms where they expressly conflict. Silence in a project document does not override a provision here unless agreed in writing.
3. Website use
You may browse our website for lawful business purposes. You must not:
- Attempt unauthorised access to our systems, scrape content in a manner that impairs performance, or introduce malware.
- Copy, frame, or redistribute materials for commercial republication without our prior written consent.
- Use the site to transmit unlawful, defamatory, or infringing content.
Information on the website is provided for general orientation. It does not constitute a binding offer unless we confirm terms in a separate written agreement.
4. Services
Our IT Marketing services may include, among others: market and audience research, positioning and messaging, campaign planning, content direction, channel strategy, performance reporting, and workshops. The exact deliverables, timelines, fees, and acceptance criteria are defined in each project agreement.
We perform services with professional care and in accordance with the agreed scope. Unless expressly stated, we do not guarantee specific commercial outcomes (such as revenue, lead volume, or search rankings), because results depend on market conditions, product quality, budgets, and factors outside our control.
5. Client responsibilities
To enable successful delivery, you agree to:
- Provide timely access to relevant brand assets, product information, analytics, and stakeholders.
- Review deliverables within agreed review windows and consolidate feedback from your organisation.
- Ensure that materials you supply do not infringe third-party rights and that you have authority to share them.
- Comply with applicable advertising, competition, and sector-specific rules in your target markets.
Delays caused by incomplete inputs or late approvals may shift timelines and, where agreed, trigger additional fees for extended support.
6. Fees, invoicing, and payment
Fees are stated in the applicable proposal or contract (fixed fee, retainer, or time-and-materials as specified). Unless otherwise agreed, invoices are payable within 14 days of the invoice date in euros. Statutory value-added tax (VAT) applies where required under Austrian and EU tax law.
Late payment may attract interest at the rate permitted under the Austrian Verzugszinsgesetz for business transactions. We may suspend work after reasonable notice if undisputed amounts remain overdue.
7. Intellectual property
7.1 Your materials
You retain ownership of trademarks, product names, pre-existing content, and data you provide. You grant us a limited licence to use those materials solely to perform the services.
7.2 Our deliverables
Upon full payment of all fees due for the relevant project, you receive the usage rights specified in your agreement — typically a non-exclusive licence to use final deliverables created specifically for you in your business. We retain ownership of our pre-existing methodologies, templates, tools, and general know-how.
7.3 Portfolio and references
Unless you object in writing before delivery, we may display non-confidential work in our portfolio and name you as a client in a factual manner. Sensitive metrics or unreleased product details will not be published without your approval.
8. Confidentiality
Each party will treat non-public information received from the other as confidential and use it only for the purpose of the engagement. This obligation does not apply to information that is public without breach, independently developed, or lawfully obtained from a third party. We may disclose information to employees and subprocessors who need to know it and are bound by confidentiality duties.
9. Data protection
Personal data is handled as described in our Privacy Policy. Where we process personal data on your behalf as a processor, a separate data processing agreement under Article 28 GDPR will apply.
10. Warranties and disclaimers
Except as expressly set out in a signed agreement, services and website content are provided “as is” and “as available.” To the fullest extent permitted by applicable law, we disclaim implied warranties of merchantability or fitness for a particular purpose in relation to the website.
Third-party platforms (advertising networks, analytics, social channels) are subject to their own terms and availability; we are not responsible for changes, outages, or policy actions taken by those providers.
11. Limitation of liability
Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under Austrian law.
Subject to the above, our aggregate liability arising out of or in connection with a specific project shall not exceed the total fees paid by you for that project in the twelve months preceding the event giving rise to the claim, except where mandatory law requires otherwise.
We are not liable for indirect or consequential loss, including lost profit, loss of goodwill, or loss of data, except where caused by our intentional misconduct or gross negligence.
12. Indemnity
You will indemnify and hold us harmless against claims arising from materials you supply, instructions you give, or your breach of these terms or applicable law — including reasonable legal fees — provided we notify you promptly and allow you to control the defence, subject to our right to participate.
13. Term and termination
Website access may be withdrawn at any time. Service engagements run for the term stated in the project agreement. Either party may terminate for material breach if the breach is not remedied within 14 days of written notice, unless a shorter cure period is required by law.
On termination, you pay for work performed and committed costs up to the termination date. Sections that by nature should survive (confidentiality, IP, liability, governing law) remain in effect.
14. Force majeure
Neither party is liable for failure or delay caused by events beyond reasonable control, including natural disasters, war, terrorism, widespread outages, or governmental restrictions — provided the affected party notifies the other without undue delay and uses reasonable efforts to resume performance.
15. Governing law and disputes
These terms are governed by the laws of the Republic of Austria, excluding conflict-of-law rules that would refer to another jurisdiction. The courts of Innsbruck, Austria, shall have exclusive jurisdiction for disputes arising from these terms or our B2B services, unless mandatory provisions grant you jurisdiction elsewhere as a consumer.
Business users in the EU may also use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr for information purposes; we are not obliged to participate in consumer arbitration boards for pure B2B contracts.
16. Unfair contract terms
For business-to-business relationships, the Austrian Act on Unfair Contract Terms in Business-to-Business Contracts may apply to certain clauses. We aim to draft balanced terms; if any provision is held invalid, the remainder continues in force and the invalid part is replaced by a valid provision closest to the original intent.
17. Electronic communications
Contracts and notices may be concluded or delivered by email where permitted by law. You are responsible for keeping contact details current. Messages to the last email address you provided are deemed received on the next business day in Austria unless bounce-back indicates failure.
18. Changes
We may update these Terms of Service to reflect legal or operational changes. The date above shows the current version. Continued use of the website after publication constitutes acceptance of the updated terms for website use; ongoing service contracts are governed by the version in effect at signing unless both parties agree otherwise in writing.
19. Contact
Questions about these terms:
Quantara GmbH
Hygna 38, 6235 Reith im Alpbachtal, Austria
info@quantara-gmbh.com