The GTC are agreed between ServerBase AG as the operator of awesome.cloud, a company under Swiss law with its registered office in Bachenbülach (hereinafter referred to as “awesome.cloud”), and any natural person or legal entity under private or public law that has a customer account with awesome.cloud (hereinafter referred to as “customer”).
1.1 Terms beginning with capital letters shall have the meaning defined in this Agreement.
1.2 These GTC contain the terms and conditions under which awesome.cloud provides the customer with the services specified on the awesome.cloud website and/or available in the management console (my.awesome.cloud).
1.3 In order to use awesome.cloud’s services, you must accept these TOS and, if applicable, the specific terms associated with each service. Please read these Terms carefully. If you do not understand or do not accept these Terms, even in part, you may not use the services offered by awesome.cloud.
1.4 The use of services may furthermore involve the acceptance of special terms and conditions together with the GTC. These shall prevail in the event of any conflict between these documents and shall form a contract (hereinafter referred to as “Contract”) together with the GTC.
1.5 awesome.cloud offers links to other websites. You acknowledge that awesome.cloud has no influence on the content of these websites and that the GTC do not apply to these websites.
1.6 The Privacy Agreement, which is available on awesome.cloud.com, is an integral part of the Agreement.
1.7 awesome.cloud reserves the right to change these TOS and the annexes to this contract at any time, without notice and with legal effect. These changes shall apply immediately to all new orders for services.
If the customer rejects the changes to the contract, he must cease all use of the services offered by awesome.cloud.
1.8 If the Customer fails to comply with this Agreement and awesome.cloud does not immediately
takes countermeasures, this does not mean that awesome.cloud waives its rights (e.g. the right to take measures at a later point in time).
1.9 The Contract shall remain in force irrespective of whether the Services cease to exist or are added due to the expiry or cancellation of the Special Conditions or due to the entry into force of other Special Conditions. Final termination of the Customer Account shall result in termination of the entire Agreement.
1.10 The purchase of hardware or telecommunication devices that may be required for the use of a service is the responsibility of the customer. The costs for the purchase, provision, use and maintenance of such hardware shall be borne by the Customer, and awesome.cloud does not guarantee the compatibility of such hardware with the Services ordered by the Customer.
1.11 For awesome.cloud and the customer, only the German version of this agreement has probative value. The translations available on awesome.cloud’s website are merely indicative, and in the event of a dispute, only the interpretation of the German version of this document shall be authoritative.
2.1 By ordering a service online, the customer declares that he has previously ascertained that the service meets his requirements and that he has received all necessary recommendations and information from awesome.cloud in order to conclude the present contract in full knowledge of the facts.
2.2 The services of awesome.cloud are primarily intended for IT companies that resell them to their end customers. If this condition is not met, awesome.cloud reserves the right to terminate the contract immediately within the first 30 days, subject to a reasonable period for data migration.
2.3 As part of his first order, the Customer must create a customer account on the awesome.cloud website and provide certain personal data, namely at least: company name, e-mail address and his physical address. In this context, the customer undertakes to provide true, accurate and complete information and to update it in case of changes. The Customer declares and guarantees to awesome.cloud that he has the necessary authority and capacity to represent and commit himself under the conditions provided for in the Contract.
2.4 In this context, the Customer is informed that awesome.cloud may verify his address details in whole or in part prior to the commencement of the use of his Customer account and at any time during the term of the contract in order to verify the accuracy of the information provided by or on behalf of the Customer. awesome.cloud will perform such verification of address information (the “Verification”) by the means and at the time of its choosing. awesome.cloud reserves the right to activate or deactivate Customer’s account if the information is incomplete or incorrect, or to terminate the Agreement immediately if awesome.cloud believes such information is fraudulent.
2.5 The Customer accepts and understands that awesome.cloud sends important notifications by e-mail to the address included in the address data provided by the Customer and that regular communication with awesome.cloud in the context of its (possibly also passive) use of the Services is essential for the smooth operation of the Services. If there is no response from the Customer to a communication sent via the Customer’s account within one month of such communication, it shall be deemed to have been tacitly read and accepted by the Customer for the purposes of further consequences.
3.1 By accepting these Terms and Conditions, the Customer acknowledges that the exchange of information between the Parties shall take place exclusively by e-mail.
3.2 All other notices, requests or communications provided for in the Contract shall be deemed to have been duly served if transmitted as follows:
4.1 Payment shall be made by invoice and by credit card. awesome.cloud reserves the right to restrict the means of payment if necessary.
4.2 The prices for the services charged to the customer apply from the invoice date and are stated on the awesome.cloud website. awesome.cloud may offer different prices depending on the service (monthly, quarterly or annual flat rate, usage-based rate, purchase of credit). If applicable, these may be tied to a specific contract and/or billing period.
4.3 The services provided free of charge may be suspended by awesome.cloud and/or terminated by the Customer in the management console at any time.
4.4 The prices offered by awesome.cloud are exclusive of VAT and are invoiced including VAT for natural persons and legal entities with a billing address in Switzerland. Natural persons and legal entities who do not have a billing address in Switzerland are not subject to VAT.
4.5 awesome.cloud may change its tariffs at any time without prior notice by publishing a new price structure on its website and/or informing the customer of this by e-mail. The changed prices shall apply immediately to all new orders for services and renewals of services. awesome.cloud reserves the right to adjust the prices of existing open-ended contracts for usage-dependent products upon written notice and 90 days’ notice.
4.6 If you make additional use of a paid module or option, you will be billed for the additional amount in each billing period in which the module is active. The billing periods of a paid add-on module and the corresponding service may be different, and certain add-on modules may require an initial payment for all billing periods.
4.7 In case of payment by credit card, the Customer declares and warrants that it is authorized to use the credit card(s) that may be charged for the payment of the awesome.cloud services used by the Customer.
4.8 In case of payment by bank transfer, the transfer fees depend on the bank placing the order. They may neither be passed on to awesome.cloud nor deducted from the transferred invoice amount.
4.9 Default and delay in payment
If the customer fails to pay an outstanding invoice despite two reminders, awesome.cloud shall be entitled to terminate the services concerned in whole or in part without notice after their expiry. awesome.cloud shall be entitled to refuse new orders or extensions of services without any disadvantage to awesome.cloud.
4.10 Complaints about the invoices and the nature of the services must be notified by e-mail within 30 days of the invoice being issued. If this is not done, the customer is obliged to settle unpaid invoices in accordance with the contract, without prejudice to the possibility of contesting the invoice at a later date. In the event of a delay in payment, awesome.cloud is entitled to settle said invoices within the applicable limitation periods.
If the customer has not received the purchased service within the contractual scope, awesome.cloud shall refund the customer the corresponding invoice amount or parts thereof, depending on the extent of the deviations.
4.12 Payments for services will not be refunded if the service is interrupted due to force majeure or other reasons for which awesome.cloud is not exclusively responsible.
5.1 The contract is concluded for an indefinite period and remains in force until terminated by one of the parties. The Customer may terminate the Agreement at any time by sending awesome.cloud a written notice of termination by registered mail, which shall be complied with if the Customer complies with the present Agreement and provided awesome.cloud has been able to establish the Customer’s identity beyond doubt.
5.2 After termination of the contract, awesome.cloud is entitled to delete the customer’s data. The customer is responsible for the timely backup of his data.
6.1 In the event that the Customer fails to fulfill one or more obligations under the Agreement and/or violates applicable legal or other regulations, or upon order of a competent judicial or administrative authority, awesome.cloud reserves the right to block the Services, the Customer Account and consequently the Customer’s access to the Services, in whole or in part, with immediate effect and without prior notice, and the Customer shall not be entitled to any compensation as a result of such blocking.
6.2 awesome.cloud also reserves the right to suspend the Customer’s account and/or services in the following cases: Termination, claim, judgment, suit or other legal proceeding against awesome.cloud in connection with Customer’s use of the Services provided by awesome.cloud.
6.3 In addition, the awesome.cloud management console may be temporarily put out of operation due to maintenance work.
6.4 The suspension shall last until the reason for the suspension no longer exists.
6.5 Suspension of the Services shall not result in suspension of the Customer’s payment obligations and shall not obligate awesome.cloud to pay any compensation, including for the direct or indirect consequences that may result therefrom (e.g. lost business opportunities, contracts, business, revenues or profits), and awesome.cloud shall not be held liable within the meaning of the “Liability” paragraph.
6.6 The discontinuation of services only leads to the deletion of the customer’s data if it is exclusively due to a breach of duty by awesome.cloud. Should the discontinuation be due to a breach of duty by the customer, the right of awesome.cloud to terminate the contract on the grounds of breach of duty by the customer shall remain unaffected by such discontinuation.
7.1 With regard to all services provided by awesome.cloud, awesome.cloud undertakes to provide a high-quality service with all due care, at a professional level and in accordance with the current state of the art. Due to the high-tech nature of the services provided, awesome.cloud only assumes an obligation to act in this regard.
7.2 The liability of awesome.cloud is limited to intent and gross negligence, if and to the extent permitted by law. In the event of the provision of a chargeable service, the liability of awesome.cloud is limited to the amount of the payment made by the customer for the relevant service in the current billing period.
7.3 awesome.cloud may restrict access to the service if the stability and the
functional security, the preservation of network integrity and, in particular, the prevention of significant disruptions to the network, the software or the stored data so require. awesome.cloud is not obligated to control or monitor the use of the service by the customer in order to satisfy itself of lawful use.
7.4 The software of third-party products offered to the customer as part of the services provided by awesome.cloud is provided on the basis of the standard license terms of the respective third-party provider. awesome.cloud is not liable for third-party products and their security vulnerabilities, lack of compatibility, technical errors or instability. awesome.cloud does not provide any warranty for third-party products, and customers who use third-party products do so at their own risk. In particular, they must ensure that these products are suitable for their purposes and the objectives for which they are used.
8.1 The Customer must have the necessary authority, powers and skills to undertake and perform the tasks provided for in this Agreement.
8.2 If the Customer uses the Services on behalf of a third party, the Customer declares and warrants to awesome.cloud that it has the necessary authority and capacity to represent and bind the third party under the terms and conditions provided for in the Agreement.
The customer is liable for all claims arising from a violation of the contractual terms by the third party and must indemnify awesome.cloud from all claims arising from the use of the service by the third party.
8.3 Customer agrees not to gain unauthorized access to any Services, content, systems or related networks and warrants not to obtain or attempt to obtain any documents or information by any means not knowingly provided by awesome.cloud.
8.4 The Customer undertakes to keep confidential all passwords, digital keys and sensitive data enabling the use of or access to the Services. The Customer must inform awesome.cloud if it becomes aware that unauthorized persons have access to this information. If unauthorized third parties use the services of awesome.cloud via the customer’s account, the customer shall be exclusively liable for this. awesome.cloud may block access to an account if there is reasonable cause to believe that it is being used by unauthorized persons. awesome.cloud shall inform the customer immediately of any measures taken.
8.5 The Customer is responsible for contacting and dealing with all Users who have access to the Management Console. In addition, the Customer is solely responsible for managing the access data to its Management Console and assumes all responsibility for its actions, changes or parameterizations in the context of the use of the Services.
8.6 The Customer must keep all its passwords secure and confidential. The customer is obliged to inform awesome.cloud immediately if there are reasons to believe that one or more users are unauthorized.
8.7 Any use of the Services by the Customer in breach of the Agreement which, in the opinion of awesome.cloud, could jeopardize the security, integrity or availability of awesome.cloud’s Services may result in the immediate suspension of the Customer’s Services.
8.8 The Customer undertakes to comply with the statutory provisions on copyrights, third party rights, personal rights and intellectual property rights such as copyrights, licenses, patent or trademark rights and, if applicable, to acquire distribution rights.
In the event of a complaint or if awesome.cloud concludes that the Customer has committed any of the following or other violations in particular -.
Fraud, IT crime, money laundering, betrayal of trade secrets, falsification of documents, violence and threats against authorities and officials, illegal gambling, participation in a crime (participation, instigation, aiding and abetting and complicity), distribution or provision of illegal content, depictions of violence, so-called soft and hard pornography (pornographic content may be released, if the customer implements effective controls to ensure that only adults have access to this content), incitement to disturb the public peace, violation of religious and cultural freedom, racial discrimination, defamation, terrorism, pedophilia, anti-Semitism or content that incites hatred against people because of their religion, sexual orientation or identity, disability, invasion of privacy, etc. inciting hatred against people on the basis of their religion, sexual orientation or identity, disability, violation of privacy, etc., or illegal or improper use of content (e.g. misuse of content or use of content in violation of third party rights (e.g. personality rights, copyrights, patent or trademark rights or other intellectual property rights))
– all or certain services provided under the Agreement may be suspended, the Customer’s account may be deactivated and/or the Agreement may be terminated due to the fault of the Customer, subject to any compensation to which awesome.cloud may be entitled.
Consequently, awesome.cloud cannot be held liable under any circumstances for the content of the information transmitted, disseminated or collected, nor for its use and updating, or for files, in particular address files. awesome.cloud can only draw the customer’s attention to the legal consequences that unauthorized use of this service may entail, and accepts no liability whatsoever for the use of the data that the customer makes available to Internet users. The same applies if the Customer is proven to be intentionally or negligently sending spam or hacking or attempting to hack through the Service (including port scanning, sniffing, spoofing, etc.).
8.9 Sending spam is prohibited in any case. It is also prohibited to send mass e-mails via the services of awesome.cloud:
This also applies if the customer commissions an external service provider/service to send emails via a domain hosted by awesome.cloud.
Dual consent is the only acceptable method for creating a valid list of email addresses:
An e-mail address is only effectively added to a list when the owner of the e-mail address clicks on a link in an e-mail to confirm the subscription. By doing so, the addressee confirms that he or she has carried out the subscription.
Each member of a list used by a mailing or newsletter tool must receive the necessary information to unsubscribe along with each email, or must be able to easily unsubscribe at any time.
A complaint of spamming may result in suspension and, if necessary, termination of the service in question if the sender of the e-mail cannot prove that each registered member voluntarily registered electronically (date/e-mail address/IP address).
8.10 The Customer undertakes to defend, indemnify and hold harmless awesome.cloud and all persons involved in the provision of the relevant services against all claims, demands, liabilities, costs and/or expenses arising from the unlawful use of the service or its content.
8.11 The Customer has acknowledged that it is responsible for regularly backing up its data located at awesome.cloud. For certain services, awesome.cloud provides a corresponding backup service, which is managed either by awesome.cloud or the Customer.
9.1 The customer is responsible for ensuring that all software licenses used by him are allowing the intended use. In particular, for use on hardware shared by multiple customers (shared infrastructure). For example, the use of the following software is not permitted by the manufacturer’s license agreements:
9.2 If the customer obtains software licenses from awesome.cloud in the rental model, he is obliged to actively adjust changes in the license quantities on a monthly basis in the portal or report the changes to awesome.cloud. The determining factor for most licenses is the number of users who could technically use a software in a particular month. If not all existing users are licensed, access must be restricted by means of appropriate (NTFS) permissions.
9.3 If awesome.cloud incurs costs in the event of an audit by a software manufacturer on the customer’s services, which could have been prevented by the customer’s correct compliance with the license agreements, these costs will be charged to the customer in full.
10.1 awesome.cloud provides the customer with technical support in German and English. The support can be reached by telephone and e-mail; the service times are indicated on the awesome.cloud website in the support center.
10.2 Technical support is provided exclusively to persons previously registered as customers or specified as authorized technical contacts. The technical information provided is based on the information and requests of the customer. awesome.cloud shall not be liable for any damages incurred by the customer as a result. awesome.cloud shall not reimburse any costs incurred in connection with communication with its technical support.
10.3 awesome.cloud offers various additional support levels in addition to the basic support, so that the customer can make use of additional services and support levels if desired.
10.4 The Customer undertakes to deal with awesome.cloud’s support team in an appropriate, friendly and respectful manner. awesome.cloud reserves the right not to answer the Customer’s requests and/or to terminate the contract immediately in the event of offensive, abusive or derogatory statements. Likewise, awesome.cloud reserves the right to take legal action against the customer and to use any evidence deemed useful in this context, such as excerpts from correspondence with the customer, screenshots, emails, recordings of telephone conversations, etc.
11.1 The contract may be lawfully terminated at the instigation of the customer at any time with 30 days’ notice. The customer himself is responsible for backing up all data belonging to him before the contract expires; otherwise they will be permanently deleted by awesome.cloud.
11.2 If a customer does not meet his payment obligations by the scheduled due date, awesome.cloud reserves the right to suspend a service until full payment has been made within a reasonable period of time and to legally suspend and/or terminate the services concerned after the expiry of this period, in which case no claim for compensation or damages may be asserted against awesome.cloud.
11.3 If one of the parties fails to fulfill one of its obligations under the Agreement and does not remedy such breach within seven business days after the complaining party has reported the relevant breaches either by e-mail or by any other binding notification provided for in the Agreement, the Agreement shall be terminated with legal effect, subject to any claims for damages by the party at fault. The date of dispatch of the letter in which the relevant breaches are reported shall be decisive. In addition, awesome.cloud may, if deemed necessary, inform all competent authorities (governmental, police or supervisory authorities) of a breach.
11.4 awesome.cloud may also terminate the contract with the customer with immediate effect if bankruptcy or insolvency proceedings have been initiated against the customer.
11.5 awesome.cloud is not obliged to store or send the Customer’s data to the Customer before deletion or after termination of the contract.
11.6 In the event of premature termination of a service, no pro rata refund will be made for unsubscribed services unless the termination was caused by fault or gross negligence on the part of awesome.cloud and without legal cause. This also applies to all associated additional options.
12.1 awesome.cloud shall take all necessary measures to prevent access to the Customer’s personal data as well as their modification or dissemination. In particular, all sensitive components are protected by audit systems. This information is kept strictly confidential and is not sold or shared. It will not be disclosed to anyone upon request, except by court order or in the event of a complaint filed with awesome.cloud by a third party.
12.2 The employees of awesome.cloud are bound by professional secrecy and treat information that might be disclosed to them as strictly confidential.
12.3 The Customer confirms that both awesome.cloud and he himself, by virtue of their
contractual relationship may have access to certain content, information or data in connection with the business activities of the respective other party. This may involve customer files, software technologies or other information that is confidential and essential for the respective party and could potentially lose value if disclosed to third parties. awesome.cloud therefore undertakes not to use for its own purposes or disclose to third parties any information that comes into its possession as a result of this contractual relationship, unless it is legally obliged to do so (e.g. by court order) or in the event of a complaint by a third party to awesome.cloud. Furthermore, awesome.cloud confirms that all appropriate measures will be taken to ensure the confidentiality of this information.
12.4 awesome.cloud never performs mailings to its customer database on behalf of third parties.
12.5 awesome.cloud reserves the right to use the content of its databases for its own communications (about technical problems, new services, etc.) to its customers.
12.6 awesome.cloud never asks the customer for his password on the phone or by e-mail.
12.7 The Customer is informed that all telephone conversations with awesome.cloud support are recorded in order to improve the quality of our services.
13.1 Should any of the contractual clauses be declared illegal, void or inapplicable, this shall in no way affect the remaining clauses, which shall retain their full effectiveness and scope. In this case, awesome.cloud undertakes to replace the void or inapplicable clause with a valid clause that corresponds to the original meaning and subject matter and is thus most suitable and in accordance with the common will of the parties.
14.1 You will respect our proprietary rights in the Site and software products used to provide the Service (proprietary rights include, but are not limited to, patents, trademarks, service marks, trade secrets, copyrights and other intellectual property rights). You may use our trademark rights only in accordance with this Agreement.
14.2 You represent and warrant that you own or are authorized to use all hardware, content, data and information (including your personal data and the personal data of third parties) that you submit to awesome.cloud in the course of using the Services. You retain ownership of the Content that you upload to the Service. We are not authorized to use or share your content (including personal data) except in the manner described in this agreement.
15.1 For the purposes of this Agreement, the Parties agree that records in electronic form have the same probative value as records in paper form. It is agreed that data from the information system of awesome.cloud or its suppliers, such as registration logs, consumption statements, order and payment overviews, reports on fault management, etc., shall be fully effective and admissible against the Customer, including in the context of legal proceedings.
It is assumed that emails are received or sent via the SMTP servers of awesome.cloud. The date and time of the mail servers of awesome.cloud are binding for the parties.
16.1 In the event that a third party submits a complaint to awesome.cloud about a Service ordered and/or used by the Customer, awesome.cloud will send the Customer a warning by email as soon as possible and, at its discretion, forward a copy of the third party’s complaint to the Customer.
16.2 awesome.cloud is entitled to disclose the address data of the customer to the third party concerned, provided that the requested information may contribute to the assertion of legal claims.
16.3 awesome.cloud is entitled to demand proof of the seriousness of the complaint from the customer within seven working days. If the proof is not provided, awesome.cloud may claim breach of duty by the Customer.
16.4 awesome.cloud reserves the right to charge the Customer for deployment costs in the event that the Customer does not acknowledge receipt of awesome.cloud’s reminder or in the event that awesome.cloud feels compelled to intervene on behalf of the Customer and the third party by registered mail, phone calls, etc.
17.1 awesome.cloud and the Customer shall endeavor to settle amicably any disputes regarding the interpretation or execution of the present Agreement. Any complaint must be submitted as indicated in the article “Communication between the Parties”. After exhausting all amicable remedies, the Customer shall be entitled to pursue its complaint about awesome.cloud in court.
17.2 Pursuant to the provisions of this Agreement, in the event of a legal dispute or a pre-litigation dispute between the Customer and a third party in connection with a service between awesome.cloud and the Customer, it is expressly agreed that the latter shall be solely responsible for the settlement of such dispute.
17.3 The contractual provisions shall in no case be construed as limiting awesome.cloud’s liability in the event of intent or gross negligence.
18.1 awesome.cloud is not liable for a lack of suitability of the services provided for the particular goals pursued by a customer.
18.2 awesome.cloud shall in no event be liable for indirect damages, i.e. all damages that do not result directly and exclusively from the partial or complete failure of the service provided by awesome.cloud, such as loss of business, loss of orders, loss of image, other business interruptions, loss of profits or loss of customers (e.g. the unintentional disclosure of confidential information due to system gaps or a hacker attack), which the customer must insure himself or for which he can take out suitable insurance.
18.3 Third-party legal proceedings against the Customer shall also be deemed indirect damages and shall therefore not give rise to a claim for damages. In any case, the amounts of damages attributable to awesome.cloud (to the extent awesome.cloud can be held liable for them) shall be limited to the amount of the amounts awesome.cloud invoices to the Customer and which are paid by the Customer and/or to the share of the amounts paid for the performance for which awesome.cloud is liable. The lowest of these amounts shall be taken into account.
18.4 Customer acknowledges that nothing in this Agreement shall relieve Customer of its obligation to pay all amounts owed awesome.cloud in accordance with these Terms.
18.5 The Customer expressly acknowledges that the liability amounts attributable to awesome.cloud shall in no event exceed the amount paid by the Customer in the year preceding the damage claim for the same services that are the subject of the damage claim. This amount refers to one reported damage; multiple damages with the same cause are considered as one compensable damage.
19.1 Force majeure shall be understood to mean an unforeseeable and/or unavoidable event over which awesome.cloud has no control.
19.2 awesome.cloud shall not be held liable if the performance of the Agreement or any obligations of awesome.cloud under this Agreement are prevented or disrupted in whole or in part by fire, explosion, transmission network failure, equipment failure, epidemic, earthquake, flood, power failure, war, embargo, by law, court order, petition or request of any government, strike, boycott, withdrawal of telecommunications operator’s authorization or other circumstances beyond awesome.cloud’s control (“Force Majeure Event”).
19.3 awesome.cloud shall, subject to prompt notice to Customer, be relieved from the performance of its obligations under any such total or partial prevention or disruption, and Customer shall likewise be relieved from its obligations to the extent that such party’s obligations are related to any such total or partial prevention or disruption, provided that the party affected thereby shall endeavor to avoid or prevent such causes of non-performance to the extent possible and that both parties shall promptly comply with their obligations as soon as such causes have disappeared or have been eliminated.
19.4 The party affected by a case of force majeure shall regularly notify the other party of the current forecasts for the elimination or restoration of the situation.
19.5 If the effects of a Force Majeure Event are expected to last longer than 30 days from the date of notification of the Force Majeure Event to the other party, the Contract may be validly terminated at the request of either party without either party being entitled to claim compensation from the other.
19.6 As a precautionary measure, it is pointed out that the Customer’s failure to pay the costs incurred for awesome.cloud’s services can never be considered a case of force majeure.
20.1 The customer undertakes to comply with the applicable Swiss and international laws throughout the term of the contract.
20.2 awesome.cloud shall also endeavor to comply with the regulations of the authorities of OECD countries.
20.3 In the absence of an amicable agreement, all disputes in connection with the present contract, its conclusion, its execution or its interpretation shall be governed exclusively by Swiss law; subject to any action before the Federal Supreme Court in Lausanne, the exclusive place of jurisdiction shall be Bachenbülach.