Terms And Conditions

1. Enforceability of the General Terms and Conditions

1.1 The Customer has the option, in addition to purchasing Equipment from SAVE DATA CENTER SUPPORT, to enter into a maintenance agreement with SAVE DATA CENTER SUPPORT. The general terms and conditions of this maintenance agreement (hereinafter: "General Terms and Conditions") are described below.

1.2 Each subscription for preventive and/or corrective hardware maintenance services (hereinafter: "Services") explicitly and exclusively falls under these General Terms and Conditions, which form an integral part of the Agreement (as defined below).

1.3 The Customer's use of Services implies full and unconditional acceptance of these General Terms and Conditions. The fact that SAVE DATA CENTER SUPPORT does not object to any conditions in the Customer's Order and/or any other documentation with legal value at any time may not be interpreted as a waiver of the right to later invoke these General Terms and Conditions.

1.4 These General Terms and Conditions, together with the Special Terms, form the agreement that governs the relationship between the Parties (hereinafter: the "Agreement"). In case of contradictions or interpretation issues between the General Terms and Conditions and the Special Terms, the Special Terms shall prevail. The Agreement is the only document that governs the relationship between the Parties regarding the Services and takes precedence over any purchase terms of the Customer.

2. Definitions

For the purposes of these General Terms and Conditions, the following terms, regardless of whether they are used in the singular or plural, shall have the meanings set out below:

Access Restriction: Identification of all resources and/or authorizations necessary to access a Physical Address or specific areas within the Physical Address to perform the Services, such as security clearances, certifications, or personal access badges.

Customer: Any recipient of the Services or any customer of the Customer who uses the Services provided by SAVE DATA CENTER SUPPORT.

Configuration: Document that lists all parts and their technical and/or commercial references for each device.

Critical Defect: A defect that completely prevents the use of an essential function of the Equipment.

Defect: Any malfunction or deviation of the Equipment from the relevant documentation, preventing the normal use of all or part of the Equipment's functions or causing incorrect results or processing, provided that the Equipment is used by the Customer in accordance with the documentation and intended use.

Equipment: IT equipment or parts of IT equipment of the Customer that fall under the Services.

SAVE DATA CENTER SUPPORT: SAVE DATA CENTER SUPPORT B.V. or one of its subsidiaries entering into an Agreement to provide Services to the Customer.

History of Failures and Incidents: Document listing all interventions on the Equipment that took place in the 12 months preceding the signing of the Agreement.

Major Defect: A defect that affects an essential function of the Equipment without fully preventing its use.

Minor Defect: A defect that is not considered Critical or Major and causes a disruption of less essential or subordinate functions of the Equipment.

3. Start Date – Duration – Termination

3.1 The Agreement enters into force on the start date as stated in the Special Terms. Unless otherwise specified in the Special Terms, the Agreement is entered into for a period of one (1) year, which is automatically extended unless one of the Parties terminates the Agreement in writing with at least three (3) months' notice before the end of the contractual term.

3.2 The Agreement may not be terminated by either Party before the end of the term unless otherwise specified in the Agreement or in the event of a material contractual breach attributable to the other Party that is not remedied within thirty (30) days after a written notice of default.

3.3 SAVE DATA CENTER SUPPORT is entitled to terminate the Agreement in the event of insolvency, dissolution, full or partial cessation of the Customer's activities, or in the event of bankruptcy, suspension of payment, or any similar procedure applicable to the Customer, in accordance with the relevant provisions of the Bankruptcy Act.

3.4 The Customer may terminate the Agreement for any reason with sixty (60) days' written notice to SAVE DATA CENTER SUPPORT. In such a case, SAVE DATA CENTER SUPPORT is entitled to a termination fee equal to 20% of the applicable costs for the remaining contract period.

3.5 In the event of a rate increase, as described in Article 7.3, the Customer may terminate the Agreement with sixty (60) days' written notice, with the existing rates remaining in effect during the notice period.

3.6 If the Customer refuses the increase in applicable rates due to abnormal or improper use of the Equipment, characterized by a high failure rate of the Equipment, as described in Article 7.4, SAVE DATA CENTER SUPPORT may terminate the Agreement with sixty (60) days' written notice, with the agreed rates remaining in effect during the notice period.

3.7 Termination or expiration of this Agreement does not affect the contractual provisions that, by their nature, are intended to survive the Agreement.

4. Services

4.1 The Services provided by SAVE DATA CENTER SUPPORT include, depending on the modalities and options as set out in the Special Terms:

Corrective maintenance, where SAVE DATA CENTER SUPPORT restores the hardware integrity of the Equipment subject to the Agreement upon request from the Customer in the event of a Defect.
Preventive maintenance, where SAVE DATA CENTER SUPPORT ensures the maintenance and inspection of the hardware integrity of the Equipment. This maintenance can (i) be performed through scheduled on-site visits to inspect the environment of the Equipment and perform visual checks, or (ii) be conducted remotely by analyzing system logs provided by the Customer or via external connections to the Equipment. The frequency of preventive maintenance depends on the options chosen by the Customer, as defined in the Special Terms.

4.2 In carrying out the Services, both preventive and corrective, SAVE DATA CENTER SUPPORT uses all commercially reasonable means necessary to maintain or restore the normal operation of the Equipment: labor, testing equipment, tools, and, if necessary, the provision of spare parts, whether new or not, to replace defective parts of the Equipment.

4.3 The provision of spare parts is at the discretion of SAVE DATA CENTER SUPPORT in the context of performing the Services. Unless otherwise agreed, the cost of spare parts is included in the rates for the Services, as described in Article 7. Spare parts outside the scope of the Services, as determined in the Agreement, are not included in the fixed rates payable under Article 7.

4.4 If the Customer’s request is caused by an incident not attributable to the Equipment, SAVE DATA CENTER SUPPORT will charge the handling of the incident based on the applicable hourly rate.

4.5 Corrective maintenance is carried out within the time limits as set out in the Special Terms, depending on the options chosen by the Customer and the severity of the Defect (Minor, Major, or Critical).

4.6 The Services described in the Agreement will be carried out in accordance with the quality standards ("Service Level Agreement" or "SLA") included in the Special Terms or in a separate document.

4.7 SAVE DATA CENTER SUPPORT is entitled to conduct a prior audit of the Equipment subject to the Services, with or without on-site visits.

4.8 Unless otherwise specified in the Special Terms, the implementation time is six (6) weeks. During this implementation period, which is the preparation period in which SAVE DATA CENTER SUPPORT gathers the resources necessary to perform the Services (including the local availability of spare parts for the configuration of the Customer's Equipment), SAVE DATA CENTER SUPPORT will carry out the SLAs on a "best efforts" basis. Until the Customer has provided all the necessary elements for the execution of the Services as described in Article 9.7, SAVE DATA CENTER SUPPORT reserves the right not to apply the SLA.

5. Changes to the Services

5.1 Equipment covered by the Services can be added to or removed from the Agreement with the approval of both Parties. Equipment may be removed from the coverage of the Agreement with sixty (60) days' written notice to SAVE DATA CENTER SUPPORT. The costs for Equipment added to the Agreement will be calculated at the then-current monthly rates of SAVE DATA CENTER SUPPORT.

5.2 If the Customer reduces the number of Devices covered by the Services such that it results in a reduction of the annual costs under the Agreement by 20% or more, the Customer is required to pay compensation to SAVE DATA CENTER SUPPORT. This compensation will be 50% of the portion of the cost corresponding to the removed Equipment, which should have been paid until the end of the contractual term if the Equipment had not been removed, without prejudice to any additional compensation as specified in the Special Terms.

6. Limitations of the Scope of Services

6.1 The following services are explicitly excluded from SAVE DATA CENTER SUPPORT's responsibility and are not covered under the scope of the Services provided under this Agreement:

Maintenance services related to software, including but not limited to network or computer system maintenance, diagnostics of software errors, new versions or updates of software or programs, or OEM software support.
Backups of data owned by or under the control of the Customer. The Customer remains responsible for properly executing backups prior to any maintenance performed by SAVE DATA CENTER SUPPORT.
Technical modifications to the Equipment.
Relocation and reinstallation of (parts of) the Equipment.
Restoration of files in case of accidental destruction or due to the presence of a virus, or due to hardware issues with the Equipment.
Backups of files and data collection.
Maintenance of modems/telephone lines.
Training, installations, support, and assistance that SAVE DATA CENTER SUPPORT may offer under specific agreements for training, installation, support, and assistance.
Delivery and installation of firmware.
Support of operating systems.
Interventions related to Equipment not specified in the Special Terms.
Interventions related to Equipment for which not all necessary information was provided prior to the signing of the Agreement, as described in Article 9.7.

6.2 Unless included in the Special Terms, the following services are also excluded from the responsibility and scope of SAVE DATA CENTER SUPPORT. If these services are nonetheless desired by the Customer, they will be added to the Special Terms and additional costs will be charged based on a quote accepted by the Customer. Unless otherwise stated in the Special Terms, the following services will be performed without applying SLAs:

Diagnostics and/or interventions or delivery of spare parts for failures that occurred before the start date of this Agreement.
Adding or removing components from the Equipment.
Technical feasibility analyses prior to adding or removing components from the Equipment.
Replacing parts of Equipment for aesthetic reasons that do not affect the functioning of the Equipment.
Repairs of damage, defects, or malfunctions caused by:
- Geographical, physical, or technical environments that do not meet the manufacturer's instructions;
- Accidents (including fire and flooding) or natural disasters;
- Intentional misconduct, sabotage, or theft by the Customer's personnel;
- Force majeure events, as defined in Article 13.5;
- Incorrect installation, defective power supply, improper temperature control or humidity in the environment, or improper use or management of the Equipment by the Customer or its agents.

6.3 Any services (whether incidental or recurring) that are not included in the original scope of the Agreement and are entrusted by the Customer to SAVE DATA CENTER SUPPORT will be charged by SAVE DATA CENTER SUPPORT at the then-current rates for such services. Any additional services that regularly recur and change the original scope of the Agreement will be added to the Agreement through an amendment.

6.4 The provision of Services by SAVE DATA CENTER SUPPORT does not imply the transfer of know-how, technology, or similar rights, whether or not protected by intellectual property rights under applicable law, from SAVE DATA CENTER SUPPORT to the Customer.

7. Rates

7.1 Services performed by SAVE DATA CENTER SUPPORT under the Agreement are compensated through fixed and flat rates. The amount and payment modalities are specified in the Special Terms and the provisions below, unless additional costs are charged in accordance with the Agreement. Unless otherwise agreed, rates are stated excluding VAT, and this tax will be borne by the Customer at the applicable rate.

7.2 Unless otherwise specified in the Special Terms, the rates charged by SAVE DATA CENTER SUPPORT may be adjusted annually. This rate adjustment will be communicated to the Customer in writing, no later than one (1) month before the new rates come into effect. The rate adjustment will be based on the consumer price index (CPI) as published by the Central Bureau of Statistics (CBS) or a similar index. If the CPI is no longer available, the Parties will agree on a new relevant index. In the absence of agreement, a competent court will determine the most appropriate index.

7.3 In the event of a substantial and market-recognized change in circumstances that makes the performance of the Services significantly more expensive and unfair for SAVE DATA CENTER SUPPORT, SAVE DATA CENTER SUPPORT reserves the right to adjust the rates to market conditions. This adjustment will be communicated in writing to the Customer at least one (1) month in advance. The Customer then has one (1) month to object in writing to the increase and to terminate the Agreement. Upon termination, the existing rate structure will remain in effect during the notice period.

7.4 In the event of abnormal or improper use of the Equipment, characterized by a high failure frequency, SAVE DATA CENTER SUPPORT may decide to increase the annual rates. This increase will be communicated to the Customer in writing at least fifteen (15) days in advance. The Customer has fifteen (15) days to object in writing. If the Customer refuses the rate increase, SAVE DATA CENTER SUPPORT may terminate the Agreement with a sixty (60) day notice.

8. Payment Terms – Penalties

8.1 Unless otherwise agreed in the Special Terms, maintenance costs must be paid in advance on an annual basis.

8.2 Unless otherwise specified in the Special Terms, payments by the Customer must be made within thirty (30) days of the invoice date. SAVE DATA CENTER SUPPORT reserves the right to require immediate payment or payment guarantees if the Customer is in default or if the financial situation of the Customer warrants it.

8.3 If payments are not made on time, SAVE DATA CENTER SUPPORT has the right to charge statutory commercial interest as defined in Article 6:119a of the Dutch Civil Code, in addition to any further compensation for damages.

8.4 In the event of late payment by the Customer, the Customer is also required to pay a fixed fee for collection costs as defined in the Dutch standardization for out-of-court collection costs. If these costs exceed the fixed fee, SAVE DATA CENTER SUPPORT is entitled to further compensation.

8.5 If the Customer does not meet its payment obligations within sixty (60) days after the invoice date, SAVE DATA CENTER SUPPORT has the right to suspend or terminate the Services without further notice. Such suspension or termination does not entitle the Customer to a discount or reimbursement of maintenance costs already paid.

8.6 In the event of late payment, any other amounts owed by the Customer to SAVE DATA CENTER SUPPORT may also become immediately due and payable.

8.7 SAVE DATA CENTER SUPPORT reserves the right to retain any advance payments made by the Customer, without prejudice to its right to claim additional compensation for any damages suffered.

8.8 Invoices can only be disputed by the Customer within sixty (60) days after the issue date. After this period, the invoices are considered fully accepted, and no further dispute is possible.

9. Customer's Obligations

During the execution of the Agreement, the Customer is, at their own expense, obliged to:

9.1 Provide the Equipment with a geographical, physical, and technical environment that complies with applicable regulations, including environmental requirements (such as temperature, humidity levels) and the manufacturer's instructions.

9.2 Use the Equipment in a normal and reasonable manner, in accordance with best practices in the IT sector and the Customer's field.

9.3 Grant free access to SAVE DATA CENTER SUPPORT representatives to the Equipment and facilities during maintenance hours and ensure that each intervention complies with applicable laws and regulations, particularly in terms of safety. The SLA does not apply unless this requirement is met. If SAVE DATA CENTER SUPPORT representatives are denied access to the Equipment and/or the Physical Address due to circumstances attributable to the Customer, SAVE DATA CENTER SUPPORT is entitled to charge the Customer for the travel and mobilization costs of these representatives, based on a quote previously accepted by the Customer.

9.4 Ensure that at least one of its employees or representatives is present during each maintenance intervention by SAVE DATA CENTER SUPPORT and ensure that the employees and representatives of SAVE DATA CENTER SUPPORT are treated with the same care and respect as the Customer's employees.

9.5 Provide the necessary resources for the execution of the Services, such as electricity, internet access (e.g., via 4G/5G networks or Wi-Fi provided by the Customer), and access to technical support.

9.6 Ensure that the necessary precautions are taken to protect data, programs, and computer files and to back them up before each maintenance operation. The Customer acknowledges that they are responsible for creating full backups prior to any intervention by SAVE DATA CENTER SUPPORT. SAVE DATA CENTER SUPPORT is not liable for loss or damage to data or any economic damages, such as loss of income or opportunities, as a result of an incident during or after maintenance.

9.7 Provide SAVE DATA CENTER SUPPORT with all relevant information needed for the execution of the Services prior to the signing of the Agreement, including:

Configurations and/or system logs;
History of failures and incidents;
Physical Address details;
Access restrictions.

9.8 Ensure that no repairs or interventions of any kind are carried out on the Equipment by any technical service other than SAVE DATA CENTER SUPPORT.

9.9 Ensure full transparency and provide all necessary documents and information required for the proper execution of the Services by SAVE DATA CENTER SUPPORT.

9.10 If required, enable external connections to the Equipment according to the specifications of SAVE DATA CENTER SUPPORT. If the Customer does not meet this requirement, SAVE DATA CENTER SUPPORT is not bound by the SLA.

9.11 Unless otherwise agreed, SAVE DATA CENTER SUPPORT retains ownership of all replaced parts or components supplied under the Services. These parts may be retained by SAVE DATA CENTER SUPPORT, except for parts containing sensitive customer data.

10. Limitation of Liability and Warranty

10.1 SAVE DATA CENTER SUPPORT has an obligation of effort, not result, in the execution of the Services. The Customer waives any right to compensation for damages to data, files, software, or hardware that occurred during or after an intervention, unless such damage is due to intentional misconduct or gross negligence by SAVE DATA CENTER SUPPORT.

10.2 SAVE DATA CENTER SUPPORT is not liable for indirect, consequential, special, or punitive damages (such as loss of profit, customers, revenue, data, or reputation) arising from the execution of the Services, the use, or malfunction of the Equipment.

10.3 The total liability of SAVE DATA CENTER SUPPORT towards the Customer, regardless of the nature of the claim, is limited to the maintenance costs paid by the Customer to SAVE DATA CENTER SUPPORT in the twelve (12) months preceding the claim.

10.4 Any claims against SAVE DATA CENTER SUPPORT must be submitted in writing within six (6) months of discovering the cause of the claim. Claims submitted after this period will not be accepted.

10.5 Regarding the delivery of spare parts as part of the Services, SAVE DATA CENTER SUPPORT offers warranties against hidden defects in accordance with the relevant provisions of the Dutch Civil Code (Articles 7:17 BW and 6:185 BW).

11. Confidentiality

11.1 Both the Customer and SAVE DATA CENTER SUPPORT acknowledge that all information, data, and business documentation of any kind, methods, know-how, source codes, and production processes used or implemented by the Customer or SAVE DATA CENTER SUPPORT in the context of this Agreement remain the exclusive property of each Party and must be treated as strictly confidential.

11.2 Consequently, each Party undertakes not to disclose such information, data, and documentation to third parties, and/or use it for their own account or on behalf of third parties without the prior and explicit consent of the other Party. Source codes and production processes used or introduced by the Customer or SAVE DATA CENTER SUPPORT under this Agreement remain the exclusive property of the respective Party or its licensor and must be treated as strictly confidential.

11.3 Each Party agrees to return all information, data, and documentation received in the context of this Agreement upon the first request of the other Party.

11.4 Each Party is obligated to ensure that its commercial partners, employees, or agents are bound by a confidentiality obligation similar to the one set forth in this Agreement. Each Party indemnifies the other Party for any breach of this confidentiality obligation by its commercial partners, employees, or agents.

11.5 This confidentiality obligation remains in force after the termination of the contractual relationship between the Parties and binds both Parties for: (i) the longest period of five (5) years after the start date of the Agreement or the duration of the Agreement, or (ii) until the related information, data, and/or documents enter the public domain.

12. Non-Solicitation

Unless otherwise required byapplicable law, the Customer agrees not to directly or indirectly approach, hire, employ, or engage any employees, independent contractors, or subcontractors of SAVE DATA CENTER SUPPORT during the term of the Agreement and for a period of one (1) year after the termination or cessation of the Agreement, regardless of the reason, without the prior and explicit consent of SAVE DATA CENTER SUPPORT.

In the event of a breach of this obligation, the Customer shall pay SAVE DATA CENTER SUPPORT a lump sum compensation equal to the gross annual salary or fee, excluding VAT, that SAVE DATA CENTER SUPPORT paid to the respective employee, independent contractor, or subcontractor during the last twelve (12) months.

13. Miscellaneous Provisions

13.1 Amendments: SAVE DATA CENTER SUPPORT may make changes to the General Terms and Conditions from time to time, in accordance with applicable law. These changes will become effective thirty (30) days after being communicated to the Customer in writing. Unless otherwise specified in the General Terms and Conditions, changes to the Special Terms can only be made through a written amendment signed by both Parties.

13.2 Severability: If any provision of the Agreement is declared unlawful or invalid by a competent court, that provision shall be deemed amended to reflect the Parties' original intent as closely as possible, in accordance with applicable law. The remaining provisions will remain fully in force.

13.3 Waiver: The failure or delay by either Party to enforce any right or provision of this Agreement shall not be considered a waiver of that right. Any waiver of rights or provisions must be agreed upon in writing by both Parties.

13.4 Assignment of the Agreement: The Customer may not transfer or assign the rights and obligations under this Agreement without prior written consent from SAVE DATA CENTER SUPPORT.

13.5 Force Majeure: Neither Party shall be considered in breach of the Agreement if the performance of its obligations is delayed, disturbed, or prevented by force majeure as defined in Article 6:75 of the Dutch Civil Code. Force majeure includes, but is not limited to, fire, strikes, floods, natural disasters, pandemics, quarantine restrictions, wars, transportation problems, and shortages of labor or materials. Costs arising from a force majeure situation shall be borne by the Party causing these costs.

13.6 Relationship between the Parties: In performing this Agreement, both Parties act as independent contractors. Neither Party shall be considered a partner or joint venture of the other Party, and employees or representatives of one Party shall not be considered employees or representatives of the other Party.

13.7 Subcontracting: SAVE DATA CENTER SUPPORT reserves the right to outsource the execution of the Agreement, in whole or in part, to a subcontractor.

13.8 References: Both Parties may refer to each other in commercial and marketing materials. The Customer gives SAVE DATA CENTER SUPPORT permission to use its name and logo on websites and promotional materials of SAVE DATA CENTER SUPPORT during the term of the Agreement, unless the Customer objects in writing.

14. Applicable Law – Jurisdiction

14.1 Applicable Law: This Agreement is governed by Dutch law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is hereby explicitly excluded.

14.2 Jurisdiction: Any disputes arising from or relating to the interpretation, execution, or termination of this Agreement shall fall under the exclusive jurisdiction of the competent courts in the district where SAVE DATA CENTER SUPPORT is located, unless mandatory law provides otherwise.

15. Anti-Corruption – Anti-Bribery

15.1 The Customer declares and guarantees that, in the execution of the Agreement, it will not engage in any actions that directly or indirectly violate the applicable anti-bribery legislation. Anti-bribery legislation refers to the Economic Offenses Act, Dutch anti-bribery laws, and all international anti-bribery rules applicable in the countries where the Customer operates.

15.2 In connection with the Agreement and the activities arising from it, the Customer may not make any payments, offers, promises, or consent to the payment, directly or indirectly, of money or other valuable items to a government official or other individuals to reward or induce them to improperly perform their duties. The Customer may also not make payments to influence a government official's decision or to obtain or retain business advantage.

15.3 SAVE DATA CENTER SUPPORT reserves the right to conduct an investigation into the Customer’s compliance with anti-bribery legislation upon reasonable suspicion of a violation of this article, after providing written notice. The Customer agrees to fully cooperate with such an investigation.

15.4 If SAVE DATA CENTER SUPPORT knows or reasonably suspects that the Customer is violating this article or is exposing SAVE DATA CENTER SUPPORT to the risk of breaching anti-bribery laws, SAVE DATA CENTER SUPPORT has the right to immediately terminate the Agreement and claim damages for any harm suffered.

15.5 The Customer is required to immediately notify SAVE DATA CENTER SUPPORT of any violation of anti-bribery legislation that it is aware of or reasonably should be aware of in relation to transactions on behalf of SAVE DATA CENTER SUPPORT. SAVE DATA CENTER SUPPORT is not liable for any claims arising from or related to the Customer's illegal activities and is indemnified from any damages, fines, or costs resulting from such activities.

16. International Trade Restrictions – Export Controls

16.1 The Customer guarantees that it and its customers using the Services will comply with all applicable import, export control, and economic sanction laws. This includes laws and regulations from the European Union, the United Nations, and other relevant authorities that prohibit or restrict the export, re-export, or transfer of products, technology, services, or data to certain countries, end-users, or for certain purposes.

16.2 The Customer is obligated to provide SAVE DATA CENTER SUPPORT with all information about its customers, products, and/or Services necessary for compliance with export and sanction laws. Failure to meet these obligations may, at SAVE DATA CENTER SUPPORT's reasonable discretion, lead to immediate termination and/or suspension of the Agreement, in whole or in part, with written notice to the Customer.

16.3 SAVE DATA CENTER SUPPORT is not liable for any claims, damages, or sanctions arising from the Customer's violation of the laws and regulations mentioned in this article, and the Customer indemnifies SAVE DATA CENTER SUPPORT for all associated costs and damages.

17. Amendment of the General Terms and Conditions

SAVE DATA CENTER SUPPORT reserves the right to modify and update these General Terms and Conditions from time to time, in compliance with applicable law. The Customer will be informed in writing at least thirty (30) days before the effective date of the changes. The modified General Terms and Conditions will apply to all Orders placed by the Customer after the effective date of the change. If the Customer does not agree with the changes, they may terminate the Agreement in accordance with Article 3.

18. Data Protection

18.1 In the context of performing the Services, SAVE DATA CENTER SUPPORT may collect and process personal data on behalf of the Customer.

18.2 The Parties agree that SAVE DATA CENTER SUPPORT is considered a processor and the Customer is the data controller, as defined in the General Data Protection Regulation (GDPR), Regulation (EU) 2016/679.

18.3 SAVE DATA CENTER SUPPORT will process personal data solely in accordance with the written instructions of the Customer and in compliance with the GDPR and other applicable data protection laws.

18.4 Both Parties are obligated to implement appropriate technical and organizational measures to protect personal data against loss, unauthorized access, alteration, or disclosure.

18.5 If SAVE DATA CENTER SUPPORT acts as a processor, the processing of personal data will be further specified in a separate data processing agreement, which may be attached to this Agreement.

18.6 SAVE DATA CENTER SUPPORT will not retain personal data longer than necessary for the execution of the Services, unless otherwise required by applicable law.

18.7 SAVE DATA CENTER SUPPORT is not liable for any damages or costs arising from the processing of personal data that is in violation of the Customer's instructions or applicable law, and the Customer indemnifies SAVE DATA CENTER SUPPORT for all claims related to this.