Terms and conditions

1. Supplier and scope of the GTC

1.1. These general terms and conditions (hereinafter the “GTC”) govern the basic rights and obligations in the supply of goods, the provision of services, the creation of works, development, implementation and the granting or intermediation of licences by Qintec a.s. (hereinafter “Qintec” or the “Supplier”).

1.2. Qintec a.s., Logistická 585/10, 919 26 Zavar, Company ID (IČO) 36 738 964, Tax ID (DIČ) 2022324887, VAT ID (IČ DPH) SK2022324887, registered in the Commercial Register of the District Court Trnava, Section Sa, Insert No. 10643/T. E-mail: qintec@qintec.sk. Telephone: +421 2 3240 1217; finance department: +421 33 324 9730.

1.3. The GTC may be applied in relationships with entrepreneurs, legal entities, public authorities and other bodies governed by public law, as well as with consumers, where the nature of the particular performance and the manner of concluding the contract permit a consumer relationship. The provisions of the GTC apply towards a consumer only to the extent to which they do not limit the rights granted to the consumer by mandatory legal regulations.

1.4. Divergent arrangements in a contract, a confirmed order, a price quotation, a specification, a service or SLA contract or another special annex take precedence over these GTC.

1.5. The GTC become part of a particular contractual relationship if the relevant contractual document refers to them and the other party had the opportunity to familiarise itself with them before the obligation arose.

1.6. The general purchasing or other standard terms of the customer apply only where Qintec expressly accepts them.

2. Subject of performance

2.1. Depending on the particular order, Qintec provides in particular custom software development and implementation for desktop, web and mobile devices, information and database systems, data, integration, analytical and visualisation solutions, and related consulting services.

2.2. Qintec supplies and implements IT infrastructure and hardware, in particular servers, storage, network and related components, virtualisation, backup and recovery solutions and third-party products, including their configuration, installation and integration.

2.3. Qintec provides industrial and automation solutions, in particular SCADA, PLC/HMI, control and visualisation systems, automation of production and technological processes, telemetry, monitoring and remote systems, the collection, archiving and processing of technological data, system integrations, integration of communication protocols, and related development or modification of firmware.

2.4. In industrial and automation solutions, the performance may include the supply of and/or the integration of hardware and software components. The specific scope, manufacturer, technical parameters, responsibility for integration and the terms of support are set out in the documentation for the particular order.

2.5. Qintec provides cyber security solutions and services depending on the particular order. These may include the delivery and implementation of security solutions and, where specifically agreed, activities relating to the handling of cyber security incidents. By this provision Qintec does not declare that it provides a SIEM service.

2.6. Qintec does not provide the handling of cyber security incidents in a SCADA/OT environment on the basis of these GTC. Any special activities in an industrial or OT environment may be the subject of a separately agreed order.

2.7. Qintec may carry out research, development and experimental or custom development of software, hardware, technological processes, production procedures, prototypes and products. The specific properties of the output, the manner of its verification and handover, intellectual property rights, licence terms and any conditions for further use or placing on the market are set out in a separate contract or in the project documentation.

2.8. The specific scope of performance, the price, deadlines, acceptance criteria, technical and security requirements, licences, support and other conditions are set out in the binding document for the particular order. Performance not included in the agreed scope is not considered part of the agreed price or deadline.

3. Order, quotation and formation of the contractual relationship

3.1. The contractual relationship is formed in the manner specified in the particular quotation, order or contract, in particular by signing the contract, by written confirmation of the order, by unconditional acceptance of a binding quotation, or in another demonstrably agreed manner.

3.2. Before the obligation arises, Qintec is entitled to request technical documents, access rights, a specification or other cooperation necessary for assessing and carrying out the performance.

3.3. The cancellation of an obligation that has already arisen is governed by the particular contract and by legal regulations. If the parties agree to cancel the order, they shall settle the work carried out, the goods ordered or non-returnable goods, licences and reasonably incurred costs.

4. Cooperation and changes of scope

4.1. The customer shall provide Qintec in good time with complete and correct documents, access rights, decisions and other agreed cooperation.

4.2. If delayed or incomplete cooperation on the part of the customer affects the performance, the affected deadlines shall be postponed proportionately by the period of the delay and by the time needed to remedy its consequences.

4.3. A requirement that changes functions, scope, quantity, the technical environment, integration links, acceptance criteria, security or regulatory requirements, the deadline or the manner of handover is considered a change of scope. A material change becomes binding once its impact on the price, the deadline and other conditions has been approved.

5. Price and payment terms

5.1. The price is set out in the contract, the order, the price quotation or another binding document. Unless stated otherwise, prices are quoted excluding VAT; in relation to a consumer, price information is provided to the extent required by legal regulations.

5.2. The due date of an invoice is 14 days from its delivery, unless the contract, the order, the price quotation or the invoice sets a different period.

5.3. The manner of continuous or staged invoicing of projects is determined individually according to the particular order.

5.4. In the event of default in payment, Qintec may claim the statutory accessories of the receivable and, after appropriate notice, suspend the affected performance where this is permissible given the nature of the order and the legal status of the customer; the affected deadlines shall be postponed proportionately.

6. Third-party products, licences and components

6.1. Qintec may supply, resell, implement and integrate hardware, software, licences, cloud services, APIs, libraries and other third-party products or components.

6.2. Third-party products and licences may be subject to the licence, warranty, service, support, security or life-cycle terms of the manufacturer, distributor or provider. Qintec shall provide the customer with the relevant terms or information to the extent necessary for the particular delivery.

6.3. Qintec resells third-party licences and products and, depending on the particular order, also implements them. The scope of the licence, the rights of use and the terms of the manufacturer or provider are governed by the terms of the relevant product and of the particular delivery; Qintec shall provide the customer with the relevant licence terms or information to the extent necessary for that order.

6.4. Qintec is not liable for a change to or discontinuation of a third-party product or service, of a licensing model, of availability or of support which it did not cause and over which it has no control, unless it has expressly assumed a different obligation; this is without prejudice to consumer rights which cannot be excluded or limited by contract.

6.5. Where a particular product with digital elements falls within the scope of Regulation (EU) 2024/2847 (the Cyber Resilience Act), the status and obligations of Qintec shall be assessed according to its actual role in the supply chain, in particular as a manufacturer, importer or distributor.

7. Handover, acceptance, defects and support

7.1. The manner of handover, testing and acceptance is determined according to the nature of the order in the particular contractual document.

7.2. The customer shall report a specific non-conformity with the agreed specification or acceptance criteria in the manner and within the period agreed for the order. A new requirement or a change to the original assignment is not a defect of the original performance.

7.3. Qintec does not provide a single general commercial warranty applicable to all IT orders. The manufacturer's warranty, support, maintenance, updates or other subsequent performance are determined according to the particular product, licence, solution or order.

7.4. The preceding provisions do not limit statutory liability for defects or consumer rights which cannot be excluded or limited by contract.

8. Service, maintenance, monitoring and SLA

8.1. Where Qintec provides, after the handover of the performance, service, technical support, maintenance, monitoring, updates or services with an agreed level of availability or response times (SLA), their specific scope, duration, price, response and service times, availability, the manner of reporting requests and other conditions are set out in a separate service or SLA contract.

8.2. In the event of a conflict, the separate service or SLA contract takes precedence over these GTC in the matters it governs.

9. Cyber security

9.1. In performance where this is relevant given the nature of the order, the parties shall comply with the agreed security requirements and the rules on access, authentication, management of permissions, updates, logging, protection of confidential information and the reporting of security events.

9.2. Where Qintec carries out activities relating to the handling of a cyber security incident under a separate contract, the scope of permissions, access rights, response times, escalation, logging, notification, cooperation and liability is governed by that separate contract or SLA.

9.3. Where Act No. 69/2018 Coll. on cyber security, the NIS2 Directive or other special security or sectoral requirements apply to the customer, to Qintec or to a particular order, the obligations shall be determined according to the actual legal status of the parties concerned and according to the particular contractual relationship. These GTC do not in themselves constitute a declaration as to the regulatory status of Qintec under a special regulation.

9.4. Qintec is not liable for the security condition of systems, parts of infrastructure or services which were not the subject of its performance or which were modified without its consent, where there is a causal link between that circumstance and the consequence which arose.

10. Intellectual property

10.1. The scope of rights to custom software, documentation, configurations, graphic outputs, firmware, prototypes and other outputs protected by copyright or industrial property law is set out in the particular contract or licence terms.

10.2. Unless expressly agreed otherwise, the customer does not acquire rights to the general tools, libraries, frameworks, know-how, procedures and reusable components of Qintec or of third parties beyond the extent necessary for using the delivered performance.

10.3. Open-source and other third-party components are used in accordance with the relevant licences. Qintec does not grant the customer rights to a wider extent than the relevant licence or authorisation permits.

11. Personal data protection and confidentiality

11.1. Where Qintec processes personal data in its own name as a controller, it proceeds in accordance with the GDPR, Act No. 18/2018 Coll. and the published information on personal data protection.

11.2. Where Qintec processes personal data on behalf of the customer as a processor, the conditions of the processing are governed by a contract or a clause pursuant to Article 28 of the GDPR.

11.3. The parties shall protect confidential information, trade secrets, access credentials and security-sensitive information obtained in the course of the performance.

12. Training

12.1. Training may be provided to entrepreneurs, legal entities, public authorities and consumers. Contact for training: skolenia@qintec.sk.

12.2. Submitting the form on the website is a non-binding expression of interest in training and does not in itself constitute an order or the conclusion of a contract. Qintec will subsequently contact the interested person; the conditions of participation, the price, the date, the manner of concluding the contractual relationship and invoicing are agreed subsequently outside the web form.

12.3. Where it has been agreed for a particular training course that participation may be cancelled without a cancellation fee no later than 7 calendar days before the date of the training, later cancellation shall be handled in accordance with the conditions notified and agreed before the conclusion of the contract. In the case of a consumer, this is without prejudice to their statutory rights, in particular their rights under a contract concluded at a distance or off business premises.

12.4. Qintec may change or cancel the date of a training course for serious organisational, personnel or technical reasons. In such a case it shall offer an alternative date or a refund of the price paid for the training that did not take place, unless it agrees otherwise with the interested person or participant.

12.5. Once the conditions of the training have been met, Qintec may issue the participant with a confirmation or a certificate according to the type of training. A certificate or confirmation does not constitute a professional authorisation unless expressly stated for the particular training course.

12.6. Where the customer is a consumer, Qintec shall provide them, before the conclusion of the contract, with the information required by Act No. 108/2024 Coll. on consumer protection and by other applicable legal regulations according to the nature of the performance and the manner of concluding the contract. In the case of a contract concluded at a distance or off business premises, the statutory rules on the right of withdrawal from the contract and the exceptions thereto shall also apply.

13. Liability

13.1. Each party is liable for damage to the extent provided by the particular contract and by legal regulations. Qintec does not generally set a single financial limit of liability for all orders; any limit or special allocation of risks is agreed for the particular order.

13.2. Qintec is not liable for consequences caused by incorrect or incomplete documents provided by the customer, by unauthorised intervention, by an unsupported environment, by a change in or outage of a third-party service, by failure to fulfil agreed security obligations or by another circumstance beyond its reasonable control, where there is a causal link between such a circumstance and the consequence.

13.3. The provisions on liability apply towards a consumer only to the extent permitted by mandatory legal regulations.

14. Force majeure

14.1. A party is not liable for delay in or impossibility of performance caused by an extraordinary, unforeseeable and unavoidable obstacle beyond its reasonable control, provided that it informs the other party without undue delay and takes reasonable measures to limit the consequences.

15. Governing law and dispute resolution

15.1. Contractual relationships are governed by the law of the Slovak Republic; in relation to a consumer, this is without prejudice to the protection afforded to them by the mandatory provisions of the applicable law.

15.2. The parties shall attempt to resolve any dispute primarily by negotiation. If they fail to reach agreement, the dispute shall be decided by the court having subject-matter and territorial jurisdiction, unless another admissible form of dispute resolution has been validly agreed in the particular relationship.

15.3. A consumer has the right to approach Qintec with a request for redress if they are dissatisfied with the manner in which their claim was handled or believe that Qintec has infringed their rights. If Qintec responds to the request in the negative or fails to respond within the statutory period, the consumer may, under the conditions of Act No. 391/2015 Coll., submit a proposal to commence alternative dispute resolution to the competent alternative dispute resolution entity.

16. Final provisions

16.1. The invalidity or unenforceability of an individual provision does not affect the remaining provisions, unless the nature of the matter implies otherwise.

16.2. Qintec may amend the GTC for future contractual relationships. An amendment applies to an existing relationship only in the manner permitted by the contract and by legal regulations.

16.3. The GTC take effect on the day stated in their heading. The approved version and the date of effect are recorded internally; previous versions are archived.