Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") govern your use of the services provided by hypercrest GmbH ("Company", "we", "our", or "us"), including our website, consultation services, and sustainable housing development projects. By accessing our website, engaging our services, or entering into any agreement with hypercrest, you agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our services or website. These Terms constitute a legally binding agreement between you and hypercrest GmbH, registered in Austria with registration number FN626514w.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

Company Information

Services Description

hypercrest provides sustainable housing development services, including but not limited to:

• Residential sustainable housing development and construction
• Green renovation and retrofitting services
• Sustainability consulting and certification guidance
• Architectural design and planning services
• Project management and construction oversight
• Energy efficiency assessments and improvements

All services are provided in accordance with Austrian building standards, environmental regulations, and industry best practices. Specific service details, timelines, and costs will be outlined in separate project agreements or contracts.

User Obligations

When using our services or website, you agree to:

• Provide accurate, complete, and current information when requested
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of hypercrest and third parties
• Not use our services for any unlawful or prohibited purposes
• Not interfere with or disrupt our website or services
• Maintain the confidentiality of any login credentials or account information
• Promptly notify us of any unauthorised use of your account

For construction and development services, you further agree to:

• Obtain all necessary permits and approvals as required by local authorities
• Provide safe and legal access to project sites
• Make timely payments according to agreed schedules
• Cooperate with our team and provide necessary information for project completion
• Comply with all health and safety requirements on project sites

Payment Terms

Payment terms for our services will be specified in individual project contracts or service agreements. Unless otherwise agreed:

• Consultation fees are due upon completion of services
• Project payments follow agreed milestone schedules
• Invoices are payable within 30 days of issue
• Late payment may incur interest charges as permitted by Austrian law
• All prices are in Euros and include applicable VAT where required

We reserve the right to suspend services for overdue payments and to pursue all legal remedies for unpaid amounts.

Intellectual Property

All content on our website and in our services, including but not limited to text, graphics, logos, images, software, and design elements, is the property of hypercrest GmbH or our licensors and is protected by Austrian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of our content without our express written permission. This includes architectural plans, designs, specifications, and proprietary construction methods developed by hypercrest.

For commissioned projects, intellectual property rights in custom designs and plans will be addressed in individual project contracts. Generally, clients receive usage rights for their specific project, while hypercrest retains ownership of underlying methodologies and design concepts.

You grant hypercrest a non-exclusive licence to use project images, testimonials, and case studies for marketing purposes, unless specifically opted out in writing.

Limitation of Liability

To the fullest extent permitted by Austrian law, hypercrest GmbH's liability for any claims arising from or related to our services is limited as follows:

• Our total liability shall not exceed the total amount paid by you for the specific service giving rise to the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for any loss of profits, revenue, data, or business opportunities
• Claims must be brought within one year of the date the cause of action arose

This limitation does not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under Austrian law
• Breach of statutory warranties under Austrian consumer protection law

We maintain professional indemnity insurance and recommend that all clients obtain appropriate insurance coverage for their projects.

Warranties and Disclaimers

We warrant that our services will be performed with reasonable skill and care in accordance with industry standards. However, we make no warranties regarding:

• The suitability of our services for any particular purpose
• The accuracy of third-party information or materials
• Compliance with future changes in laws or regulations
• Performance of third-party contractors or suppliers
• Uninterrupted or error-free website operation

Our website and information are provided "as is" without any express or implied warranties. We do not warrant that our website will be available at all times or free from viruses or other harmful components.

Force Majeure

hypercrest shall not be liable for any failure or delay in performance under these Terms or any contract that is due to circumstances beyond our reasonable control, including but not limited to:

• Natural disasters, extreme weather conditions, or environmental emergencies
• War, terrorism, civil unrest, or government actions
• Pandemic, epidemic, or public health emergencies
• Labour disputes, strikes, or lockouts
• Failure of suppliers, subcontractors, or utility services
• Changes in laws, regulations, or government policies

In such events, we will use reasonable efforts to minimise delays and will communicate with affected clients regarding revised timelines and any necessary adjustments to project terms.

Governing Law

These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Austria, without regard to conflict of law principles.

Any legal proceedings arising from these Terms or our services shall be subject to the exclusive jurisdiction of the competent courts in Villach, Austria, or such other Austrian court as may have jurisdiction.

If you are a consumer under Austrian consumer protection law, you may also bring proceedings in the courts of your habitual residence, and nothing in these Terms affects your statutory rights under applicable consumer protection legislation.

Termination

These Terms remain in effect until terminated by either party. We may terminate or suspend your access to our services immediately, without prior notice, for any breach of these Terms or for any other reason at our sole discretion.

You may terminate your use of our services at any time by discontinuing use of our website and services. However, termination does not relieve you of any obligations for services already provided or payments due.

For ongoing projects, termination procedures and consequences will be governed by the specific terms of individual project contracts. Generally:

• Either party may terminate with reasonable notice for convenience
• Immediate termination is permitted for material breach or insolvency
• Payment is due for all work completed up to the termination date
• Confidentiality and intellectual property provisions survive termination

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services, you consent to the collection and use of your information as described in our Privacy Policy. Please review our Privacy Policy for detailed information about our data practices.

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remainder of these Terms shall remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy and any specific project contracts or service agreements, constitute the entire agreement between you and hypercrest GmbH regarding the use of our services and supersede all prior agreements and understandings.

No modification of these Terms shall be effective unless made in writing and signed by an authorised representative of hypercrest.

Contact Information

If you have any questions about these Terms of Service or need to contact us regarding legal matters, please use the following information: