Terms & Conditions

1. Definitions

1.1. The contractual partner of hobex IT is  referred to as the ‘customer’. In other documents, customers of hobex IT may also be referred to as the client, user, merchant, shop owner, contracting company or CC. If users or recipients are referred to in the General Terms and Conditions of Business of the company hobex Service IT GmbH, this relates to persons who consciously and intentionally use, visit or receive information sources from hobex IT, such as the company’s website.

1.2. Any publisher, provider or operator, including licensee of a payment method or payment system (credit card company, bank, …) is referred to as a financial service provider (herein after referred to as FSP).

2. Contractual relationship

2.1. hobex IT gives the customer the option to process payment transactions via the internet with FSPs incorporating their acceptance contracts. These acceptance contracts should be concluded separately by the customer. The commissioning of hobex IT is independent of contracts with FSPs.

2.2 In this context, hobex IT provides the relevant software, interfaces, documentation, services, user interfaces and expertise.

2.3. hobex IT is an authorized representative of the customer on their invoice in the context of the All parties are businesses as defined by the Austrian General Civil Code and Austrian Commercial Code. These terms and conditions shall only be applicable to contractual relationships of hobex IT and consumers, to the extent that they do not infringe statutory consumer regulations.

3. Scope of services

3.1. hobex IT shall provide the customer, for the duration of this agreement, software, communication and computing services as well as other services that permit the customer to link his website and use to hobex IT products (hereinafter referred to as “hobex IT products”). These hobex IT products may only be used to offer the customer’s goods and services. Usage for other purposes is not permitted. In particular, it is not permissible to use the software provided via hobex IT products to process transactions for third parties in their name. The performance description for hobex IT products forms part of these terms and conditions. The exact performance description shall only be binding if given in the technical documentation provided by hobex IT.

3.2. hobex IT shall also provide the customer with capacity on their servers to operate the hobex IT products chosen by the customer in accordance with the performance description on the internet or on another public network (subsequently WWW). These hobex IT servers are connected to the WWW via a fixed hobex IT shall only be liable for operating the payment platform (hobex IT products) and maintaining the connection to the WWW. The customer is aware that he himself is responsible for the prompt transfer of the configuration data provided by the FSP to hobex IT. The connection between customer’s or other internet user’s computers to the hobex IT servers does not fall within scope of responsibility of hobex IT.

3.3. The customer is aware that due to the nature of the internet itself, interruption-free and continuous functional access other internet participants cannot be agreed as a contractual service of hobex IT.

3.4. With regard to the technical and economic development of the internet, legal regulations or the requirements of the FSP and as a consequence of the company’s own products or thirdparty products,   reserves the right to replace the agreed services by services of at least the same value or other services fit for the In the context of this agreement,a service modification by the FSP shall always be an equal-value service and does not entitle the customer to cancel the agreement with hobex IT.

3.5. The customer shall be responsible for the purchase of his own infrastructure for internet access and shall bear the access costs via the public networks to hobex IT systems.

3.6. Services other than those given do not form part of the range of services. In particular, the integration must be carried out by the customer himself and does not form part of the range of services provided by hobex IT. Services provided free of charge in addition to the agreed services may be discontinued by hobex IT at any time without prior notification, unless a separate agreement has been made regarding these services.

4. Information obligations

4.1. The customer shall always keep hobex IT informed with one or more current email addresses for communication between the contractual parties. Deliveries to these email addresses are regarded as legally delivered assuming no new address is provided to hobex IT.

4.2. In addition, at the time of concluding the agreement, the customer shall notify hobex IT of all persons with whom hobex IT may enter into legally binding agreements and business These persons will be provided with a customer password and only these persons shall be authorized to obtain information from hobex IT or submit legal declarations to hobex IT. In terms of business relationships agreed before these terms and conditions came into force, hobex IT shall also be entitled to provide information to the persons previously announced or known persons.

4.3. For hobex IT, only the organisations legally entered into the commercial register and with power of representation can enter into legally binding declarations.

4.4. The customer is required to provide hobex IT with all documents, data, files, information, documents and other material required to fulfil the contractual obligation of hobex IT promptly, in full and without error and in a standard format for the relevant purpose.

4.5. hobex IT is required to keep these documents Data, in particular data required by the FSPs or computing centers or third parties acting in their name or on their behalf, may be passed on at any time. There shall be no forwarding of data to third parties for marketing or advertising purposes at any time.

4.6. Customers, users and recipients of all types of information from hobex IT shall agree that hobex IT may use their data for in-house marketing activities and may be contacted by hobex IT for this purpose and via remote communication methods in the context of section 107 of the Austrian Telecommunications Law (including telephone and email), whereby hobex IT agrees not to pass any data to third parties for marketing purposes. This agreement may be cancelled at any time by the customer, user or recipient. With the aim of developing the services offered and to provide optimal customer care, hobex IT uses a system which is equipped with functions for user specific analyses of click patterns. The customer, user or recipient may revoke their agreement to this specific point at any time. Messages on the function or the status of hobex IT products (e.g.: for information on maintenance work or downtimes) may be sent out at any time as part of fulfilling the contractual agreement.

4.7. hobex IT is not responsible for information or data entered by the customer including based on the scope in line with sections 13 ff of the Austrian E-Commerce Law.

4.8. The customer is required to provide hobex IT immediately on request with complete details of the type and use of actual or planned hobex IT products or services. These details must show which product is being used by the customer in which product version or interface version and in which e-commerce or software application. In addition, details must be provided on which domains, subdomains or minisites the hobex IT products are integrated or are planned to be integrated.

4.9. If customer data is sent to hobex IT that is subject solely to their legal title for intellectual property, hobex IT should be notified of this fact. hobex IT shall only be liable for intentional, culpable infringement of these rights, but not for third party hobex IT shall retain the data provided by the customer or arising as partof processing the order for the legally required period. Data shall not be retained for any period extending beyond this.

4.10. If changes are made in the customer’s contractual agreements with third parties that may affect the contractual agreement with hobex IT, the customer must notify hobex IT immedi hobex IT shall not be required to incorporate future changes in the use of their products by the customer and in this case still reserves the claim to the agreed remuneration up to the end of the agreement period.

5. Liability / warranty

5.1. It is established that in the processing of internet payment transactions, there is a multi-person agreement in force.   enters the agreement solely as an agent of the customer.

5.2. No liability shall be accepted or warranty provided by hobex IT for errors by third parties, such as FSPs or consumers. This also applies in the event of insolvency of an FSP, customer or other third parties.

5.3. hobex IT shall only accept liability in the context of providing their services in the event of intentional injury or gross hobex IT shall accept no liability for damages due to minor negligence or “reckless” gross negligence. hobex IT accepts no liability for lost profit, process costs and for damage exceeding the maximum coverage sum
provided by the hobex IT liability insurance in the event of damage.

5.4. The customer shall check the service provided by hobex IT immediately and notify the customer immediately of any faults or damage. All warranty and liability claims lapse if the customer does not provide notification or lodge a complaint within 24 hours as required. If otherwise agreed, complaints relating to a fault should be made in the form a precise description of the type and scope of the fault. 

5.5. hobex IT accepts no liability for damage arising due to circumstances relating to third parties (such as crashes and errors due to viruses, Trojans and similar, caused by power supply companies, etc.).

5.6. Consulting services on the part of hobex IT should be regarded as support for the Unless a special fee has been explicitly agreed for this service, hobex IT shall not accept any liability (in particular according to sections 1299 and 1300 of the Austrian General Civil Code).

5.7. The customer shall be liable to hobex IT for damages incurred by the customer’s own culpable actions or by persons associated with the company (section 1313a and section 1315 of the Austrian General Civil Code, in particular for FSPs, subsidiaries, representatives, etc.).

5.8. The software and interfaces / user interfaces covered by this agreement have been designed for a variety of application options and cannot take into account every conceivable potential application in all Due to this large range of varied application options and with regard to their complexity, it is not generally possible to supply software that is entirely free of errors. There is no fault insofar as these are errors that with the normal standard of diligence are not necessarily apparent. In particular, hobex IT makes no claims with regard to compatibility.

5.9. No claims to reductions of more than half (laesio enormis) shall be accepted by either party.

5.10. hobex IT shall not be liable for checking the correctness of any data given or sent from the customer.

6. Contract period and termination

6.1. The agreement shall start in each case with the signing or at the agreed start date and shall be agreed for a nonspecific time, unless a specific duration has been otherwise agreed. The start of the contractual relationship shall be regarded as the start of the provision of services by hobex IT.

6.2. The customer shall be permitted to terminate the contractual relationship or parts of the agreement, observing a 6-month deadline to the end of a calendar year, and initially to the end date of the calendar year following the year in which the order was placed. The decisive factor is the receipt of the signed agreement at hobex IT. If no termination is submitted in line with the required deadlines, the contractual relationship shall continue automatically.

6.3. hobex IT can terminate the contractual relationship observing a 30-day deadline to month end in each case.

6.4. hobex IT shall be entitled to terminate the contractual agreement due to important reasons immediately at any time. Important reasons shall be agreed in particular, but not exclusively, as the situations given below:

6.4.1. Infringement of payment obligation by the customer

6.4.2. Improper behavior of the customer or his employees against hobex IT and their employees

6.4.3. Initiation of insolvency proceedings or of proceedings in line with Austrian law on company reorganization

6.4.4. Forwarding of rights arising from the contractual relationship with third parties

6.4.5. Forwarding or infringement of intellectual goods rights of hobex IT.

6.4.6. Omission of the required disclosure of data for business operations

6.4.7. Other breach of contract from this contractual relationship

6.4.8. Culpable or otherwise unlawful behaviour of the customer

6.4.9. Infringement of the duty to maintain confidentiality

6.5. In the event of breaches of contract, in particular the timely payment of the agreed fee, hobex IT shall be entitled to institute an immediate restriction or cancellation of services, without automatically cancelling the agreement in the process or removing the obligations to pay fees to hobex IT.

6.6. Cancellation and termination notices shall be made via certified letter to the relevant contractual partner, whereby receipt at the contractual partner’s site is the decisive factor. 

7. Notices

7.1. Legal notices may only be exchanged between the contractual partners in writing, unless a more secure form is required, including sending via electronic means. In agreeing to this contract, the customer declares that hobex IT has complied with all the duties to inform and other requirements of the E-Commerce Law on their website and the customer shall be viewed as educated and informed.

8. Time of performance

8.1. Transactions are normally processed by hobex IT in a few seconds.

8.2. Planned maintenance windows and their expected duration shall be disclosed. The customer is aware that the system will not be available during maintenance periods.

8.3. If due to system problems or unplanned but necessary maintenance work there are delays or system downtimes, hobex IT shall be entitled to restore service provision within 48 hours. 

9. System requirements and obligations of the customer

9.1. The customer shall ensure that the system requirements of his IT systems are appropriate for facilitating hobex IT transactions. The customer shall promptly and correctly maintain or have maintained the software provided, otherwise no liability can be accepted by hobex IT in this respect. In addition, the customer shall make backup copies of the data produced at the company site. The customer is aware that the regulations of the FSP must be observed and that certain data must under no circumstances be stored or only stored in masked format. Updates provided to the customer by hobex IT and regular security checks of his system must be carried out by the customer.

9.2. Extending beyond the requirements for confidentiality, the customer shall be required to keep confidential in particular access data, passwords, certificates and all sensitive data or due to its nature or correspondingly identified data and information. The customer shall be liable for all damages arising from the violation of this regulation.

9.3. The customer shall set up and maintain hobex IT products on his own account and risk. The customer is required to use hobex IT products correctly and forbids all use or action that could damage or endanger hobex IT, other users or FSPs. Correct usage also includes observing all instructions, recommendations, etc. that hobex IT provides at the time that the agreement is concluded and as part of operating and installation instructions and that if required are given to the customer subsequently. The customer shall be required to check his computing system regularly to ensure that it is free of viruses and sabotage programs and observes security standards conforming to the latest technological advances. This includes in particular organizational and technical precautions against information piracy and all forms of misuse. The customer shall also guarantee regular data backups. His responsibility also includes the correct assignment of the transaction data provided by hobex IT with his own data inventory and backup of these assignments.

9.4. Data transfer that is not based on the route of the standard use of a product, is always at the customer’s own risk. The customer must not make accessible, send or allow access to any illegal and immoral content as part of the commercial relationship, this applies in particular to content that infringes the rights of third parties or to pass off as their own the illegal or immoral content of third parties.

9.5. The customer shall keep hobex IT informed immediately and at all times (at the latest within 24 hours following occurrence) of faults and suspected mistakes of hobex IT products and support hobex IT in correcting these errors and researching the causes. A delayed notice of defects or fault/error messages shall result in the exclusion of all warranty and compensation claims.

9.6. The customer shall include a standard size logo and slogan for hobex IT or their products free of charge for hobex IT on all internet sites involved with the services of hobex IT in a visible area.

9.7. Conversely, hobex IT shall be permitted to use the customer’s logos and slogans as well as his name, business name, brand or other branding on internet sites published by hobex IT for advertising purposes or in other publications and reports about hobex IT.

9.8. The customer shall give his consent to store data, including meeting minutes, required to fulfil the conditions of the agreement and associated data.

10. Fee

10.1. The customer shall pay one-off costs for the provision of a usage right (of a licence). These costs are incurred based on the price issued by hobex IT on the signing of the order or quotation. The usage rights granted to the customer in this agreement are only transferred to the customer following full payment of the above mentioned costs.

10.2. Before a usage right is granted, the customer may test products from hobex IT if agreed in advance.

10.3. Costs for the provision of services shall be billed quarterly in advance by hobex IT. With regard to costs extending beyond this scope (or transaction costs), the claim to theagreed fee shall be due after each service is performed and paid immediately on receipt of invoice.

10.4. The customer is to query in writing invoices submitted by hobex IT immediately, but at the latest within 14 days following receipt of invoice; where no query is received, the invoices shall be regarded as approved.

10.5. Should FSPs stipulate costs to hobex IT arising from the order agreement with the customer, or arising from transactions, hobex IT shall be entitled to pass these costs onto the customer.

10.6. All prices shall be regarded as net prices in euros, excluding postage and packaging costs and all legal fees incurred. Sales tax shall also be payable by the customer.

10.7. If hobex IT provides services that are not included in the individual agreement, these may be invoiced separately. Cost estimates from hobex IT shall be chargeable and non-binding, unless otherwise agreed. Offsetting by the customer against existing requests for payment from hobex IT is not permissible (offsetting ban).

10.8. In case of default, default interest amounting to 10% above the base rate announced by the European Central Bank, with annual capitalization, shall be agreed. 

10.9. For each reminder due to non-payment or late payment of the customer, a charge of €15.00 will be levied. If engaging a professional representative (lawyers, collection agencies, etc.) to collect outstanding payments, all costs prior to legal action shall be paid as damages by the customer.

10.10. The prices agreed at the time the agreement is concluded shall be deemed guaranteed. The prices shall be modified to the extent permitted by changes in the 1996 consumer price index or a subsequent index that has since come into force. The reference figure shall be based on the index of the month in which the agreement was concluded. Changes shall not be applied if they do not exceed 5% of the previous defining amount. If exceeded, the entire change will be taken into account and may be applied from the time in the month in which the 5% barrier was exceeded, including retrospectively. Failure to impose ahigher price does not represent a waiver to any claim for an increase. hobex IT shall be entitled to subsequent billing, for the entire period of the agreement, to the exclusion ofthe legal (3-year) limitation period.

11. Passing on

11.1. The customer is required to prohibit all passing on of the services and information supplied to him by hobex IT (software products, usage rights and similar).

12. Intellectual property rights

12.1. All intellectual property rights of hobex IT are protected by law. Any granting of rights in this regard shall be carried out solely under the regulations given under this point.

12.2. The customer shall not be granted the exclusive right to use the software, services and information solely for his own purposes and on his own account to the agreed extent. Processing for third parties in the company’s own name or under another name using the services provided by hobex IT is not permitted. Reproductions of the product or the accompanying materials is not permitted either.

12.3. On concluding the agreement, the customer is always granted the authorisation to use the product in-house for the product for the agreed duration of the agreement. In the event of termination of the agreement, the customer is obliged to refrain from any further usage and to return all equipment and data provided. Copies of all data, in particular software, passwords and documentation, must be deleted.

12.4. In the event of violation of the actions forbidden under this point, the customer shall be required to pay a penalty. Any other claims for damages and compensation (including intellectual property rights) shall remain unaffected.

13. Links

13.1. Where links to other sites are provided on hobex IT internet sites (“linked”), these are to be regarded as for information purposes only. No liability of any kind shall be accepted for the content of these sites.

14. Confidentiality

14.1. Both contractual parties are required to maintain confidentiality regarding business and operational secrets of the other contractual partner that has become known to the other party based on the contractual relationship or via any other means. 

14.2. However, where data from hobex IT must be disclosed to third parties in order to correctly fulfil contractual obligations with the customer, the customer shall be entitled to disclose this information and the customer shall waive all claims that may arise as a result. 

15. Special provisions for the use of transaction processing with or without software installation

15.1. hobex IT shall grant the customer the non-exclusive usage right, with the order or acceptance of the quotation for a purchased licence, based on the terms of this contract.

15.2. The customer shall be solely responsible for the selection of features and products to achieve the desired results and for its installation. Installation, training and use of the products and consulting services, do not form part of this licence agreement. At the customer’s request, a special agreement may be concluded in this regard.

15.3. The customer may use this licence to process transactions via hobex IT for all purposes at his company regardless of the various websites or domains, as long as he is acting in his own name and in his own account, the offering is related to his normal business activities and all payments processed via the licence are invoiced under a single designated agreement for eachFSP. Each individual means of payment is processed at the FSP per license via one agreement or one configuration set, or one account or one agreement number for each application. If companywide usage is desired, a special agreement must be concluded.

15.4. The customer shall be entitled to load the software onto a server for use in line with the agreement. The customer is permitted to store the software on hard disks and to reproduce it as part of the correct implementation of the application. The customer shall also be entitled to produce the required number of backup copies. The reproduction of the documentation (parts) provided by hobex IT is not permitted. The software must only be used on computers and system configurations recommended by hobex IT, for which the software has been specifically developed. Usage in other system environments can modify the properties and functionality of the software and for this reason is not permitted. The customer shall not be entitled – including for troubleshooting purposes – to translate, modify or edit the software, to decompile, reverse engineer or disassemble the software.

15.5. If the customer requires information on creating interoperability of the software with other independently created computer programs, an enquiry to this effect shall be sent to hobex IT  initially. hobex IT reserves the right to provide the customer with the necessary information. The regulations of copyright law shall remain unaffected. The rental or any other circulation of the software either for a fee or free of charge is not permitted.

15.6. In case of breach of confidentiality, the offending party shall pay the other party a penalty in the amount of the last six months of the contract fee due; this is regardless of any additional claims for damages.

16. Special regulations on maintenance and support services (hereinafter referred to as MaS)

16.1. The contractual MaS consists of hobex IT providing the customer with software modifications (updates) as a result of technological changes and developments as well as due to changes in statutory requirements and supporting the customer in solving problems that may arise in implementing or using hobex IT products or their functionality. These MaS services are normally provided using remote communication methods. hobex IT shall decide at its sole discretion when modifying the software when and to what extent these types of MaS services are carried out and shall not be required to make any changes immediately. hobex IT shall respond with appropriate actions within a reasonable timeframe. These services are provided by hobex IT as part of the individual agreement concluded and represent paid for and free services. If the services are to be provided for a fee under a separate agreement (not covered by the individual agreement), the customer shall be alerted to this in advance.

16.2. Only products published by hobex IT, correctly licensed and unmodified can be supported by MaS. Products from third parties such as compilers, runtimes and other tools, add-ons or modifications by third-party companies, etc. cannot be supported. Errors which limit usage of the program to an objectively unacceptable degree, so that correction cannot be anticipated until the next scheduled program version, shall be corrected at the discretion of hobex IT in the current program version or are compensated for by an acceptable workaround or an alternative solution. Following receipt of error notifications, hobex IT shall immediately begin corrective procedures and provide to the customer following completion of this error correction work, the result of which will be made available to the customer.

16.3. The MaS shall normally only be provided individually during opening hours. hobex IT shall also provide MaS that represents a collective system monitoring and recommissioning around the clock.

16.4. With custom solutions or implementation tools such as plugins provided to the customer by hobex IT, these shall not be entitled to MaS, so that any disadvantages (particularly the impossibility to upgrade, customization, etc.) cannot be undertaken by hobex IT.

17. Severability clause

17.1. If any provision of the terms and conditions of business, as well as the contractual relationship, becomes invalid or void, this shall not affect the validity of the remaining provisions.

17.2. In place of ineffective regulations, provisions that approximate the economic purpose of the invalid provision as closely as possible shall automatically Particular emphasis shall be placed on the meaning and purpose of the agreement.

18. Legal validity

18.1. The concluded individual agreements as well as these general terms and conditions shall apply primarily to this contractual relationships. hobex IT concludes their contracts solely on the basis of these general terms and conditions. The Austrian General Civil Code and Austrian Commercial Code apply with second-level priority. Where necessary due to legislative changes or changes to the contractual conditions or specifications of the contractual partners or hobex IT, a change to these terms and conditions required from a technical, economic or legal point of view, hobex IT shall be entitled to amend the terms and conditions to the degree that is strictly necessary. The customer shall provide his consent in this respect in advance. The change shall become legally effective upon announcement of the new terms and conditions by hobex IT. The application of Austrian law is expressly agreed that with the exception of reference standards (e.g. PILA, intergovernmental agreements, the Rome Convention, etc.). The application of UN Sales Law is expressly excluded.

19. Succession

19.1. All contract provisions shall be imposed on the part of the contractor to individual and / or universal legal successors.

20. Language

20.1. The contractual, sales and commercial language shall be German. If in the course of a business process, documents are written in a language other than German, the German formulation shall always take precedence in the event of doubt.

21. Place of fulfilment and jurisdiction

21.1. The place of fulfilment shall be hobex IT headquarters. The jurisdiction for all disputes arising from this contractual relationship shall be the Landesgericht for ZRS Graz.

General terms and conditions of business of

hobex Service IT GmbH
Modecenterstraße 22
Office/4/4.OG/Top 401- 407
1030 Wien

payments.qenta.com 

Stand: 1. Mai 2025.