General Terms and Conditions (AGB)

1. Scope of application

These General Terms and Conditions (GTC) apply to all business relationships between fortysix GmbH, Vittorio Veneto Street 67, 39042 Brixen (BZ), Italy (hereinafter “fortysix”), and its customers (hereinafter “Customer”).

The GTC apply to all services provided by fortysix, in particular:

  • Development of individual software solutions
  • Web, mobile and desktop applications
  • Platform and backend development
  • Digitization consulting and software architecture
  • Integration of cloud, API and AI systems
  • Maintenance, support and further development of software

Any deviating terms and conditions of the customer shall only apply if fortysix has expressly agreed to them in writing.

These GTC are primarily aimed at entrepreneurs within the meaning of the applicable statutory provisions.

2. Conclusion of contract

A contract is concluded by:

  • Written acceptance of the offer by the customer
  • or written order confirmation by fortysix

Offers from fortysix are subject to change and non-binding, unless expressly stated otherwise.

3. Scope of services

The specific scope of services is set out in the respective offer, project contract or an agreed service description.

fortysix undertakes to perform the agreed services in a professional manner in accordance with the current state of the art.

Project services may include in particular

  • Requirements analysis
  • Concept and architectural planning
  • Software development
  • Integration of external systems
  • Testing and quality assurance
  • Deployment and implementation
  • Technical advice and support

4. Changes to the scope of services (change requests)

The customer may request changes or extensions to the agreed scope of services at any time.

fortysix checks the feasibility and possible effects on the schedule and costs.

Amendments shall only become part of the contract after written confirmation by both parties.

5 Obligations of the customer to cooperate

The customer undertakes to provide all information, data and access required for the implementation of the project in good time.

These include in particular

  • Technical specifications
  • Named contact persons with decision-making authority
  • Necessary access to systems or infrastructure

Delays due to a lack of cooperation can lead to a corresponding adjustment of the project deadlines.

6 Prices and terms of payment

Unless otherwise stated, all prices are exclusive of VAT.

Unless otherwise agreed:

  • Invoices are payable within 14 days without deduction
  • Partial payments can be agreed for larger projects
  • statutory default interest may be charged in the event of late payment

fortysix shall be entitled to suspend services until outstanding claims have been settled.

7. Project deadlines

Project deadlines are only binding if they have been expressly agreed in writing.

Deadlines are extended appropriately in the case of:

  • Changes to the scope of services
  • delayed cooperation of the customer
  • technical problems outside the sphere of influence of fortysix

8. Acceptance

If agreed, acceptance by the customer shall take place after completion of the services.

The customer undertakes to inspect the services provided within 14 days and to report any defects in writing.

If no response is received within this period, the service shall be deemed to have been accepted.

9. Open source software

fortysix can use open source software or freely available libraries for software development.

These components are subject to the respective license conditions of the corresponding open source licenses.

fortysix accepts no liability for the functionality, security or further development of such third-party components.

10. Rights of use

After full payment, the customer receives the agreed rights of use to the developed software.

Unless otherwise agreed:

  • the customer receives a simple right of use
  • disclosure to third parties requires the consent of fortysix
  • Libraries and third-party software are subject to their respective license conditions

fortysix reserves the right to reuse project work or technologies in anonymized form.

11. Third-party services

Third-party services may be used for certain services, such as cloud providers, hosting services or external APIs.

In such cases, the respective terms of use of these providers also apply.

fortysix is not liable for failures or restrictions of such third-party providers.

12. Data backup

The customer is responsible for the regular backup of his data, unless a separate backup agreement exists.

fortysix shall not be liable for any loss of data caused by missing or inadequate data backups.

13. Warranty

fortysix guarantees that the services essentially correspond to the agreed specification.

Obvious defects must be reported in writing within 14 days of delivery.

fortysix has the right to:

  • Rework
  • or compensation

14. Liability

fortysix is only liable for damages caused by intentional or grossly negligent behavior.

In the event of slight negligence, fortysix shall only be liable in the event of a breach of material contractual obligations and limited to typically foreseeable damage.

Liability for:

  • Indirect damage
  • lost profit
  • Data loss

is excluded to the extent permitted by law.

15. Confidentiality

Both parties undertake to treat all confidential information received in the course of the cooperation as confidential.

This obligation shall also apply after the end of the cooperation.

16. Reference citation

fortysix shall be entitled to use completed projects for reference purposes on its own website or in presentations, stating the customer’s name and a brief description of the project, unless the customer expressly objects to this.

17. Data protection

Personal data is processed in accordance with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR).

Further information can be found in the website’s privacy policy.

18 Contract duration and termination

Unless otherwise agreed, current contracts can be terminated with 30 days’ notice to the end of the month.

The right to extraordinary termination for good cause remains unaffected.

19 Applicable law and place of jurisdiction

The law of the Italian Republic shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

The place of jurisdiction for all disputes arising from this contractual relationship is, as far as legally permissible, Bolzano (South Tyrol), Italy.

20. Final provisions

Should any provision of these GTC be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the original provision.

Status: March 2026
fortysix GmbH – Bressanone, South Tyrol