General Terms and Conditions
General Terms and Conditions of Zettasecure GmbH [FN571657y] Sterngasse 3/2/6, 1010 Vienna, office@zettasecure.com:
validity and conclusion of the contract
offer and scope of services
duty to cooperate
external services and commissioning of third parties
distribution of third-party software
appointments
Fees and Prices
offsetting of counterclaims
Payment and Retention of Title
performance disorders
availability of the software (service level commitment)
Early termination
warranty
liability and product liability
property rights and copyright
confidentiality and data protection
Applicable Law
Place of performance and jurisdiction
1. Validity and conclusion of contract
1.1 Zetttasecure GmbH (hereinafter referred to as the "Contractor") provides its services (delivery of programs, creation of software, IT consulting) exclusively on the basis of the following General Terms and Conditions (GTC). These apply to all legal relationships between the Contractor and the Client, even if they are not expressly referred to. The GTC are only applicable to legal relationships with entrepreneurs, i.e. B2B.
1.2 In addition, the general terms and conditions of the respective software manufacturer (hereinafter referred to as third parties) also apply to the resale of software and services. These are
available.
SentinelOne at https://www.sentinelone.com/legal/terms-of-service/
NordLayer at https://nordlayer.com/terms-of-service/
Nordpass at https://business.nordsec.com/legal/terms-of-service
Orca Security at https://orca.security/terms-of-use/
1.3 The version valid at the time of conclusion of the contract, which is published on the homepage of the Contractor or the homepage of the third party, shall be decisive.
1.4 Any terms and conditions of the client are only valid if they are accepted in writing by the contractor. This may include the acceptance of an offer
1.5 Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis of them. The invalid provision shall be replaced by a valid one that comes closest to the meaning and purpose.
2. Offer and scope of services
2.1 Offers made by the Contractor are generally subject to change and non-binding and only come into effect upon acceptance (confirmation or delivery) by the Contractor.
2.2 If the delivery of standard software is the subject of the contract, the contractor will deliver the software to the client in accordance with the product description. Unless expressly agreed otherwise in writing, the contractor will deliver the software or access to it in the current version. The source code of the software is not the subject of the contract and will not be made available to the client.
2.3 The Contractor's product description conclusively regulates the nature of the functionality of the software. In particular, the Contractor specifies which system requirements are necessary for the intended use of the software and which system landscapes, browsers and operating systems are supported by the software.
2.4 The basis for the creation of individual programs and individual consultations is the written service description, which the contractor prepares against payment of costs based on the documents and information made available to him or which the client makes available. The client must check this service description for accuracy and completeness and provide it with his approval. Requests for changes that arise later can lead to separate deadline and price agreements.
2.5 The development of individual programs and individual consultations is carried out according to the type and extent of the binding information, documents and resources provided in full by the client. This also includes practical test data and sufficient test options, which the client provides in a timely manner, during normal working hours and at his own expense. If the client is already working in real operation on the system provided for testing, the responsibility for securing the real data lies with the client.
2.6 Unless otherwise agreed, the Contractor shall perform the contractual services at the location of the computer system or at the Contractor's business premises during the Contractor's normal working hours, at his discretion. If, as an exception, the Client requests that the service be provided outside of normal working hours, the additional costs will be invoiced separately. The Contractor is responsible for selecting the employee who will provide the contractual services, and is entitled to use third parties for this purpose.
2.7 If the services are provided on-site at the client's premises, the client shall provide the network components, connections, supply current including peak voltage compensation, emergency power supplies, storage space for systems, workstations and infrastructure in the required scope and quality (e.g. air conditioning) required for the employee to provide the services free of charge. In any case, the client is responsible for compliance with the requirements for the operation of the hardware required by the respective manufacturer. The client must also ensure room and building security, including protection against water, fire and access by unauthorized persons. The client is responsible for special security precautions (e.g. security cells) in its premises. The client is not authorized to give instructions of any kind to the contractor's employees and will submit all requests regarding the provision of services exclusively to the contact person named by the contractor.
2.8 Services not covered by this contract are in any case:
a) Services that are caused by operating system, hardware changes and/or by changes to mutually program-dependent software programs and interfaces that are not the subject of the contract
b) Individual program adjustments or reprogramming
c) Program changes due to changes in legal regulations if they require a change in the program logic
d) The elimination of errors caused by the client or third parties
e) Losses or damages arising directly or indirectly from acts or omissions in the operation of the Client or User
f) Data conversions, data recovery and interface adaptations.
3. Obligation to cooperate
3.1 The client shall provide all information, data and documents required by the contractor to carry out the order in the form requested by the contractor at the agreed dates and at his own expense, and shall support the contractor upon request in problem analysis and troubleshooting, coordinating processing orders and coordinating services. Changes in the client's work processes that may cause changes in the services to be provided by the contractor for the client must be agreed upon in advance with the contractor.
3.2 The client will fulfill all of its obligations to cooperate in a timely manner so that the employee is not hindered in providing the services. The client ensures that the contractor and/or the third parties commissioned by the contractor are given the necessary access to the client's premises to provide the services. The client is responsible for ensuring that the employees of its affiliated companies or third parties commissioned by it who are involved in the contract fulfillment cooperate accordingly in the contract fulfillment.
3.3 If the client does not fulfil his obligation to cooperate on the agreed dates or to the extent provided, the services provided by the contractor shall be deemed to have been provided in accordance with the contract despite possible restrictions. Schedules for the services to be provided by the contractor shall be postponed to an appropriate extent. The client shall separately compensate the contractor for any additional expenses and/or costs incurred as a result at the rates applicable at the time.
3.4 The Client shall ensure that its employees and third parties attributable to it treat the facilities and technologies used by the Contractor as well as any assets entrusted to it with care; the Client shall be liable to the Contractor for any damage.
3.5 Unless otherwise agreed, any assistance and contributions provided by the Client shall be free of charge.
4. External services and commissioning of third parties
4.1 The Contractor is entitled, at its own discretion, to carry out the service itself, to use knowledgeable third parties as vicarious agents in the provision of contractual services and/or to substitute such services (“third-party services”).
4.2 The commissioning of third parties within the framework of an external service takes place either in the contractor's own name or in the name of the client, the latter after prior information has been given to the client. The contractor will select this third party carefully and ensure that it has the necessary professional qualifications.
4.3 The client is responsible for any obligations towards third parties that have been made known to the client and that extend beyond the term of the contract. This also applies expressly in the event of termination of the contract for good cause.
4.4 If the Contractor arranges services from third parties at the request of the Client, these contracts are concluded exclusively between the Client and the third party in accordance with the respective terms and conditions of the third party. The Contractor is only responsible for the services it provides itself.
5. Distribution of third-party software
5.1 The entire terms and conditions of the respective software apply to the use of third-party software. The contractor will make these terms and conditions available to the client at any time upon request. In addition, they will be linked to the contractor's homepage.
5.2 All software may not be used for criminal, unlawful or illegal activities. The contractor undertakes to use the software only for its intended purpose.
5.3 The Client is not permitted to share his password or data for accessing the account with any other party, whether for a fee or free of charge and with or without a time limit.
6. Dates
6.1 Unless expressly agreed as binding, specified delivery or service deadlines are only approximate and non-binding. Binding deadline agreements must be recorded in writing or confirmed in writing by the contractor.
6.2 If the delivery/service is delayed by the contractor for reasons for which he is not responsible, such as events of force majeure and other unforeseeable events that cannot be avoided by reasonable means, the performance obligations are suspended for the duration and to the extent of the hindrance and the deadlines are extended accordingly. If such delays last more than two months, the client and the contractor are entitled to withdraw from the contract.
6.3 If the Contractor is in default, the Client may only withdraw from the contract after having given the Contractor a reasonable grace period of at least 14 days in writing and this grace period has expired without result. Claims for damages by the Client due to non-performance or delay are excluded, except in the case of proof of intent or gross negligence.
7. Fees, prices and cost estimates
7.1 All prices and fees are in Euros, excluding VAT.
7.2 Unless otherwise agreed, the contractor is entitled to payment for each individual service as soon as it has been provided. The contractor is entitled to demand advance payments to cover his expenses. In the case of the delivery of standard software, the right to payment exists before delivery.
7.3 Cost estimates from the contractor are non-binding and are only valid for four weeks from the time the offer is made or for as long as this is stated on the respective document. If it is foreseeable that the actual costs estimated in writing by the contractor will exceed the cost estimate by more than 15%, the contractor will inform the client of the higher costs. The cost overrun is deemed to have been approved by the client if the client does not object in writing within three working days of this notification and at the same time announces cheaper alternatives. If the cost overrun is up to 15%, a separate notification is not necessary. This cost overrun is deemed to have been approved by the client from the outset.
7.4 If the client unilaterally changes or cancels work that has been commissioned without involving the contractor - without prejudice to the ongoing other support provided by the contractor - he must pay the contractor for the services provided up to that point in accordance with the fee agreement and reimburse all costs incurred. If the cancellation is not due to a grossly negligent or intentional breach of duty on the part of the contractor, the client must also reimburse the contractor for the entire fee (commission) agreed for this order, whereby the offsetting remuneration under Section 1168 AGBG is excluded. Furthermore, the contractor must be indemnified and held harmless against any claims made by third parties, in particular by contractors against the contractor. By paying the fee, the client does not acquire any rights of use for work already carried out; concepts, drafts and other documents that have not been implemented must be returned to the contractor immediately.
8. Set-off of counterclaims
The client is only entitled to offset his own claims against the contractor's claims if his counterclaim is legally related to his liability, has been acknowledged by the contractor or has been established by a court.
9. Payment and retention of title
9.1 The fee/invoice is due for payment immediately upon receipt of the invoice and without deduction, unless special payment terms are agreed in writing in individual cases. This also applies to the passing on of all cash expenses and other expenses. The goods delivered by the contractor remain the property of the contractor until the fee has been paid in full, including all ancillary liabilities.
9.2 Objections to invoices must be raised in writing by the client to the contractor within two weeks of the invoice being issued. Upon expiry of the deadline, the client acknowledges that the invoice is correct in terms of reason and amount. In the event of an objection being raised within the deadline, the contractor will check it and, based on the result, confirm the correctness of the invoice issued or amend or recalculate the invoice accordingly.
9.3 If the client defaults on payment, the statutory default interest rate applicable to business transactions will apply. Furthermore, in the event of default in payment, the client undertakes to reimburse the contractor for the reminder and collection costs incurred, insofar as they are necessary for appropriate legal action. This includes the costs of two reminder letters at the usual market rate of currently at least € 40.00 per reminder, as well as a reminder letter from a lawyer commissioned to collect the debt. The assertion of further rights and claims remains unaffected.
9.4 In the event of default of payment by the Client, the Contractor may immediately demand payment of all services and partial services rendered under other contracts concluded with the Client.
9.5 Furthermore, the Contractor is not obliged to provide any further services until the outstanding amount has been paid (right of retention). The obligation to pay the remuneration remains unaffected.
9.6 If payment in instalments has been agreed, the Contractor reserves the right to demand immediate payment of the entire outstanding debt in the event of non-payment of partial amounts or ancillary claims on time (default).
9.7 The Client is not entitled to offset its own claims against claims of the Contractor, unless the Client’s claim has been acknowledged in writing by the Contractor or established by a court of law.
9.8 According to the information material, it is possible to offset up to 100% of the costs for a security baselining assessment against follow-up orders. Please note that this option is only available for a maximum of 12 months after invoicing. In addition, the offset is capped at 10% per follow-up order. For a €1,000 order, €100 per order can therefore be offset.
10. Performance Disorders
10.1 Der Auftragnehmer verpflichtet sich zur vertragsgemäßen Erbringung der Dienstleistungen. Erbringt der Auftragnehmer die Dienstleistungen nicht zu den vorgesehenen Zeitpunkten oder nur mangelhaft, d.h. mit wesentlichen Abweichungen von den vereinbarten Qualitätsstandards, ist der Auftragnehmer verpflichtet, mit der Mängelbeseitigung umgehend zu beginnen und innerhalb angemessener Frist seine Leistungen ordnungsgemäß und mangelfrei zu erbringen, indem er nach seiner Wahl die betroffenen Leistungen wiederholt oder notwendige Nachbesserungsarbeiten durchführt.
10.2 Beruht die Mangelhaftigkeit auf Beistellungen oder Mitwirkungen des Auftraggebers oder auf einer Verletzung der Verpflichtungen des Auftraggebers gemäß Punkt 3., ist jede unentgeltliche Pflicht zur Mängelbeseitigung ausgeschlossen. In diesen Fällen gelten die vom Auftragnehmer erbrachten Leistungen trotz möglichen Einschränkungen dennoch als vertragsgemäß erbracht. Der Auftragnehmer wird auf Wunsch des Auftraggebers eine kostenpflichtige Beseitigung des Mangels unternehmen.
10.3 Der Auftraggeber wird den Auftragnehmer bei der Mängelbeseitigung unterstützen und alle erforderlichen Informationen zur Verfügung stellen. Aufgetretene Mängel sind vom Auftraggeber unverzüglich schriftlich oder per E-Mail dem Auftragnehmer zu melden. Den durch eine verspätete Meldung entstehenden Mehraufwand bei der Fehlerbeseitigung trägt der Auftraggeber.
10.4 Mängelrügen sind jedoch jedenfalls nur gültig, wenn sie innerhalb von 4 Wochen nach Lieferung der vereinbarten Leistung schriftlich dokumentiert erfolgen. Ein zu behandelnder Fehler liegt vor, wenn das jeweils vertragsgegenständliche Softwareprogramm ein zu der entsprechenden Leistungsbeschreibung/Dokumentation in der jeweils letztgültigen Fassung abweichendes Verhalten aufweist und dieses vom Auftraggeber reproduzierbar ist. Zwecks genauer Untersuchung von eventuell auftretenden Fehlern ist der Auftraggeber verpflichtet, das von ihm verwendete Computersystem (bei Systemen im Online-Verbund mit anderen Rechnern auch die entsprechende Verbindung), Softwareprogramme, Protokolle, Diagnoseunterlagen und Daten in angemessenem Umfang für Testzwecke während der Normalarbeitszeit dem Auftragnehmer kostenlos zur Verfügung zu stellen und den Auftragnehmer zu unterstützen. Erkannte Fehler, die vom Auftragnehmer zu vertreten sind, sind von diesem in angemessener Frist einer Lösung zuzuführen. Von dieser Verpflichtung ist der Auftragnehmer dann befreit, wenn im Bereich des Auftraggebers liegende Mängel dies behindern und von diesem nicht beseitigt werden.
10.5 Eine Lösung des Fehlers erfolgt durch ein Software-Update oder durch angemessene Ausweichlösungen.
10.6 Der Auftraggeber haftet jedoch insbesondere nicht für erforderliche Mehrleistungen, Mängel, Verzug, Nichterfüllung, Fehler, Störungen oder Schäden im Zusammenhang mit
a) Programmen, die durch eigene Programmierer des Auftraggebers bzw. Dritte nachträglich verändert werden,
b) unsachgemäße Bedienung,
c) geänderter Betriebssystemkomponenten, Schnittstellen oder Parameter,
d) Verwendung ungeeigneter Organisationsmittel oder Datenträger,
e) anormale Betriebsbedingungen (insbesondere Abweichungen von den Installations- und Lagerbedingungen),
f) Transportschäden,
g) Computerviren, sowie deren Entfernung oder die Behebung der dadurch entstandenen Schäden,
h) Einwirkungen, die durch von Seiten des Auftraggebers angeschlossene Geräte zurückzuführen sind,
i) der Installation von Drittsoftware oder Änderung der Konfiguration des Systems durch den Auftraggeber oder einen Dritten,
j) schädlicher Einwirkung von Drittsoftware auf die vertragsmäßig vom Auftragnehmer zu wartenden Softwarepakete,
k) Programmänderungen aufgrund von Änderungen gesetzlicher Vorschriften,
l) einer nicht widmungsgemäß Verwendung der Softwareprogramme,
m) Beseitigung von durch den Auftraggeber oder Dritten verursachten Fehlern,
n) Datenkonvertierungen, Wiederherstellung von Datenbeständen Schnittstellenanpassungen oder
o) Leistungen, die durch Betriebssystem-, Hardwareänderungen und/oder durch Änderungen von nicht vertragsgegenständlichen wechselseitig programmabhängigen Softwareprogrammen und Schnittstellen bedingt sind.
10.7 Die Regelungen dieses Punktes gelten sinngemäß für allfällige Lieferungen von Hard- oder Softwareprodukten vom Auftragnehmer an den Auftraggeber. Die Gewährleistungsfrist für solche Lieferungen beträgt sechs Monate ab Übergabe. Für allfällige dem Auftraggeber vom Auftragnehmer überlassene Hard- oder Softwareprodukte Dritter gelten vorrangig vor den Regelungen dieses Punktes die jeweiligen Gewährleistungsbedingungen des Herstellers dieser Produkte.
11. Availability of the software (service level commitment)
11.1 All software programmed by Zettasecure GmbH is generally available around the clock. In this regard, the contractor guarantees a minimum availability of 99.5%. If maintenance work is required and the software is therefore not available, the client will be informed in good time if possible.
11.2 When purchasing software/cloud solutions from third parties via the contractor, the availability of the respective services and the respective product is based on the period specified in the service description or in the third party's SLA. The contractor merely provides the client with the opportunity to use cloud services and products from third parties.
11.3 The contractor is not responsible for downtimes caused by the internet or network or for downtimes that are outside the contractor's sphere of influence. This includes in particular actions by third parties who are not acting on behalf of the contractor, technical conditions of the internet that are beyond the contractor's control and force majeure. The (other) hardware and software and technical infrastructure used by the client can also influence the services. To the extent that such circumstances influence the availability or functionality of the service provided by the provider, this has no effect on the contractual conformity of the services provided.
11.4 The client must immediately report the failure of the software to the contractor. The contractor will then immediately take action to eliminate the fault. The time of failure begins with the notification of the failure and ends with the elimination of the fault.
11.5 The assertion of a claim for damages for downtimes exceeding the minimum availability is excluded, unless in cases of intent or gross negligence.
12. Early termination
12.1 The Contractor is entitled to terminate the contract with immediate effect for important reasons. An important reason exists in particular if
a) the execution of the service becomes impossible for reasons for which the client is responsible or is further delayed despite setting a grace period of 14 days;
b) the Client continues to violate essential obligations arising from this contract, such as payment of an amount due or obligations to cooperate, despite a written warning with a grace period of 14 days.
c) there are legitimate concerns regarding the creditworthiness of the client and the client does not make any advance payments to the contractor upon request or provide suitable security to the contractor prior to performance;
12.2 The Client is entitled to terminate the contract for important reasons without granting a grace period. An important reason exists in particular if the Contractor continues to violate essential provisions of this contract despite a written warning with a reasonable grace period of at least 14 days to remedy the breach of contract.
13. Warranty
13.1 The presumption of defectiveness according to Section 924 ABGB is excluded.
13.2 The statutory warranty provisions apply with the following deviations:
a) the warranty period is six months from delivery;
b) an insignificant defect does not, in principle, give rise to any warranty claims;
c) the Contractor shall have the choice of the method of remedy;
d) the Contractor shall be given at least two attempts to remedy the defects;
e) the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects;
13.3 Unless otherwise agreed (e.g. formal acceptance), the time of handover is the time of completion, at the latest when the client has taken possession of the service or has refused to take it over without giving reasons. If a joint handover is planned and the client does not attend the handover date communicated to him, the handover is deemed to have taken place on that day.
13.4 Claims for damages are limited to the net order value.
13.5 If and as long as obligations cannot be fulfilled on time or properly due to force majeure, such as war, terrorism, natural disasters, fire, strikes, lockouts, embargoes, sovereign interventions, power failure, failure of means of transport, failure of telecommunications networks or data lines, changes in the law affecting the services after conclusion of the contract or other unavailability of products, this shall not constitute a breach of contract.
14. Liability and product liability
14.1 The contractor is liable to the client for damages that are demonstrably caused by him only in the event of gross negligence. This also applies mutatis mutandis to damages caused by third parties engaged by the contractor. In particular, the contractor is not liable for defects in the software he has provided. In the event of personal injury caused by his own fault, the contractor is liable without limitation.
14.2 In cases of slight negligence, the liability of the Contractor and its employees or other vicarious agents (“people”) for material or financial damages suffered by the Client is excluded, regardless of whether the damages are direct or indirect, lost profits or consequential damages, damages due to delay, impossibility, positive breach of contract, fault when concluding the contract, or due to defective or incomplete performance. The injured party must prove the existence of gross negligence. Insofar as the Contractor’s liability is excluded or limited, this also applies to the personal liability of its “people”.
14.3 Liability for indirect damages - such as lost profits, costs associated with business interruption, loss of data or claims from third parties - is expressly excluded.
14.4 Any liability of the Contractor for claims made against the Client on the basis of the service provided by the Contractor (e.g. advertising campaign) is expressly excluded if the Contractor has complied with his duty to provide information or if such a duty was not apparent to him, whereby slight negligence shall not be detrimental. In particular, the Contractor shall not be liable for legal costs, the Client's own legal costs or the costs of publishing judgments, or for any claims for damages or other claims by third parties; the Client shall indemnify and hold the Contractor harmless in this regard. If the Contractor provides the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this connection, the Contractor shall assign these claims to the Client. In this case, the Client shall primarily hold these third parties accountable.
14.5 Before the pentest of IT components, the contractor will point out that these may fail under certain circumstances. Liability for damages is therefore excluded when accepting a security baselining assessment and a general service.
14.6 In any case, compensation is limited to twice the order value.
15. Property Rights and Copyright
15.1 All services provided by the contractor, in particular all programming work, source codes, etc. remain the property of the contractor or its licensors. By paying the fee, the client acquires the right to use the software for the agreed purpose. Unless otherwise agreed, the client may only use the contractor's services for the agreed, own purpose and scope of use and exclusively in Austria. The acquisition of usage and exploitation rights to services provided by the contractor always requires full payment of the fees charged by the contractor. This contract merely acquires a license to use the work. Distribution by the client is excluded under copyright law. The client's involvement in the production of the software does not acquire any rights beyond the use specified in this contract. Any infringement of the contractor's copyrights will result in claims for damages, in which case full compensation must be paid.
15.2 Changes or modifications to the services provided by the contractor, in particular their further development by the client or by third parties working for the client, are only permitted with the express consent of the contractor and - if the services are protected by copyright - of the author. The release of all so-called "open files" is therefore expressly not part of the contract. The contractor is not obliged to release them. This means that without contractual assignment of the rights of use, including for "electronic works", the client has no legal claim to them.
15.3 If the Client is provided with software whose license holder is a third party (e.g. VPN software from NordVPN), the granting of the right of use is governed by the license terms of the license holder (manufacturer).
15.4 The Client shall be liable to the Contractor for any unlawful use in the amount of twice the appropriate fee for such use.
15.5 To the extent that the Contractor provides the Client with software products or enables the Client to use software products as part of the services, the Client shall have the non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in an unchanged form.
15.6 When using software products in a network, a license is required for each simultaneous user. When using software products on "stand-alone PCs", a license is required for each PC.
15.7 For third-party software products provided to the Client by the Employee, the respective license terms of the manufacturer of these software products shall take precedence over the provisions of this point.
15.8 Unless a separate agreement is made, no further rights to software products will be transferred to the Client.
15.9 The rights of the Client under Sections 40(d), 40(e) of the German Copyright Act shall not be affected by this.
15.10 All documents provided to the Client by the Contractor, in particular the documentation for software products, may not be reproduced or distributed in any way, whether for a fee or free of charge.
16. Confidentiality and data protection
16.1 When handling personal data, the Contractor will observe the provisions of the Data Protection Act, the GDPR and the Telecommunications Act and take the technical and organizational measures necessary for data protection within the Contractor's area of responsibility.
16.2 The Contractor undertakes, in particular, to ensure that its employees comply with the provisions of Section 6 of the Data Protection Act.
16.3 Each contracting party assures the other party that it will treat all trade secrets brought to its attention by the other party in connection with this contract and its implementation as such and will not make them accessible to third parties unless they are generally known, or were previously known to the recipient without an obligation to maintain confidentiality, or were communicated or provided to the recipient by a third party without an obligation to maintain confidentiality, or were demonstrably developed independently by the recipient, or are to be disclosed due to a legally binding administrative or judicial decision.
17. Applicable Law
The contract and all mutual rights and obligations and claims between the contractor and the client arising from it are subject to Austrian substantive law, excluding its reference standards and excluding the UN Convention on Contracts for the International Sale of Goods. This also applies if the order is carried out abroad.
18. Place of performance and jurisdiction
18.1 The place of performance is the registered office of the Contractor.
18.2 The place of jurisdiction for all legal disputes arising between the Contractor and the Client in connection with this contractual relationship shall be the court with jurisdiction over the Contractor's registered office. Notwithstanding this, the Contractor is entitled to sue the Client at his general place of jurisdiction.