§ 1 Scope

These General Terms and Conditions apply to all contracts concluded between us and you. These General Terms and Conditions of Business and Delivery (hereinafter referred to as "GTC") apply to all contracts concluded between suresecure GmbH and the customer. Customers are exclusively entrepreneurs according to § 14 BGB, legal entities under public law or special funds under public law. These GTC do not apply to business transactions between suresecure GmbH and consumers according to § 13 BGB.

The customer's general terms and conditions do not apply. This also applies if suresecure GmbH does not expressly object to such general terms and conditions of the customer. The customer's general terms and conditions only apply with express written agreement between the parties.

§ 2 Subject Matter of Contract

Within the scope of the contracts concluded between the parties, suresecure GmbH (hereinafter also referred to as "Contractor") provides the Professional Services agreed therein to the customer (hereinafter also referred to as "Client").

Professional Services particularly include the provision of specialized services in the field of IT security, incident response services, as well as the provision and implementation of software and/or hardware products or service components.

Depending on the agreement, the Professional Services provided by suresecure GmbH concern the following services:

If the provision of services is also agreed upon in the contract, the contracting parties agree that these are generally projects within the scope of orders placed here and not employment relationships subject to social insurance between the Contractor and the respective Client. The consultants provided by the Contractor in case of an assignment are free regarding the manner of execution of their assigned orders as well as regarding place and time of order execution. However, the consultants will appropriately consider the project requirements set by the Client. The consultants are not subject to any instructions from the Client (the employer's right of direction is exercised solely by the Contractor); technical and project-related instructions remain unaffected. Work according to instructions and/or integration into the Client's work organization does not take place.

§ 3 Contract Conclusion

1. Offer and Acceptance

The Contractor provides its services only upon conclusion of a binding contract with the Client. This requires the Client to accept a binding offer from the Contractor. The Contractor's offer contains the essential service components including attachments. The Contractor is regularly bound to this for one week unless a different binding period is explicitly stated in the written offer. Acceptance after expiry of this period is to be understood as a new offer by the Client, the acceptance of which is at the Contractor's discretion.

2. Orders and Order Confirmations

2. Orders and Order Confirmations

3. Pre-negotiations

The scope and manner of services to be provided by the Contractor are exclusively determined by the documented contract documents, particularly the respective offer of the Contractor, these GTC, and other contract documents including attachments. Statements, offers, and declarations made during pre-negotiations or via internet presence by the Contractor or its employees are not part of the contract unless the parties explicitly refer to them in the contract documents. Accordingly, such pre-contractual statements, offers, and declarations are non-binding.

§ 11 Miscellaneous

1. Choice of Law

All contracts under this agreement are exclusively subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

2. Place of Performance and Jurisdiction

The place of performance and exclusive jurisdiction is the location of the Contractor's main office, as the respective contracting parties are merchants, legal entities under public law, or special funds under public law. However, the Contractor is entitled to sue the contracting partner at any other legal venue.

3. Translations

For translated versions, the German version of the GTC in its current version is authoritative.

4. Severability Clause

Should individual provisions of the General Terms and Conditions or the contracts concluded between the parties be or become wholly or partially invalid or void, or become wholly or partially invalid or void due to changes in legislation or through supreme court jurisdiction or in any other way, or should the contracts contain gaps, the parties agree that the remaining provisions shall remain unaffected and valid. In this case, the contracting parties commit to agree on a valid provision in consideration of the principle of good faith instead of the invalid provision, which comes as close as possible to the meaning and purpose of the invalid provision and which the parties would have agreed upon at the time of conclusion of the contract if they had known or foreseen the invalidity or nullity. The same applies if the contracts should contain a gap.