Last updated: April 2026
These Terms of Service ("Terms") govern all services provided by Midnite Compile GmbH, Otto-Bauer-Gasse 5 / Top 17, 1060 Vienna, Austria ("Midnite Compile", "we", "us") to its clients ("Client"). By engaging our services or accepting an offer, the Client agrees to these Terms. Deviating terms of the Client only apply if expressly accepted by us in writing.
Midnite Compile provides software engineering services including, but not limited to, web application development, API design, cloud architecture, and UI/UX engineering. The exact scope, timeline, and deliverables of each engagement are defined in a separate written offer, statement of work, or individual agreement.
Our offers are non-binding unless explicitly marked as binding. A contract is concluded upon written confirmation by Midnite Compile or upon the start of the requested services. Verbal side agreements require written confirmation to be effective.
Fees are set out in the respective offer or statement of work and are exclusive of value added tax. Unless otherwise agreed, invoices are payable within 14 days of the invoice date, without deduction. In case of default, we may charge statutory default interest and reasonable collection costs.
Upon full payment of the agreed fees, the Client receives the usage rights to the delivered work results as specified in the individual agreement. Midnite Compile retains ownership of pre-existing materials, tools, libraries, and know-how used to create the deliverables. The Client grants us the right to reference the engagement in our portfolio, unless confidentiality is explicitly agreed.
Both parties undertake to treat all information disclosed in the course of the engagement and marked or reasonably recognisable as confidential as strictly confidential, and to use it solely for the purpose of performing the contract. This obligation survives the termination of the contract.
We warrant that our services are performed with due professional care. The Client shall inspect deliverables without undue delay after receipt and report any defects in writing. We are entitled to remedy defects by repair or replacement within a reasonable period before any further claims may be asserted.
Midnite Compile is liable only for damages caused by intent or gross negligence. Liability for slight negligence, loss of profit, consequential damages, and loss of data is excluded to the extent permitted by law. In any case, the aggregate liability is limited to the fees paid by the Client for the specific engagement giving rise to the claim.
Engagements run for the term defined in the respective offer or statement of work. Either party may terminate the contract for good cause with immediate effect. Ordinary termination rights are set out in the individual agreement. Work completed up to the effective date of termination shall be remunerated pro rata.
These Terms and all contracts based on them are governed by the laws of the Republic of Austria, excluding its conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is the competent court in Vienna, Austria.
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision.
Midnite Compile GmbH
Email: office@midnitecompile.com