1 General

Orders from Yousuf Farooq, hereinafter referred to as Yousuf Farooq-Insight Max are concluded and carried out exclusively in accordance with these General Terms and Conditions. Any conflicting terms and conditions of the client are not valid unless and until they have been acknowledged in writing.

2 Services of Yousuf Farooq – Insight Max

1. The activity of Yousuf Farooq – Insight Max consists – unless otherwise agreed in individual cases – in the independent and non-directive advice of the client as a service, in particular with regard to data analytics, reporting, and data handling.
2. A specific result is neither owed nor guaranteed. The client is solely responsible for deciding on the timing, type and scope of the measures recommended by Yousuf Farooq – Insight Max or agreed with Yousuf Farooq – Insight Max. This applies even if we supports the implementation of agreed plans or measures by the client.
3. The specific content and scope of the work to be performed by Yousuf Farooq – Insight Max is based on the order issued in writing and confirmed by Yousuf Farooq – Insight Max. If additional or supplementary work is required, Yousuf Farooq – Insight Max will draw the client’s attention to this. In this case, Yousuf Farooq – Insight Max will also extend the order if the client requests or accepts the additional or supplementary work.
4. Yousuf Farooq – Insight Max bases its work on the information provided by the client or the documents made available as well as the figures provided as complete and correct. Yousuf Farooq – Insight Max is not obliged to check the accuracy, completeness or correctness or to carry out its own research. This also applies if, as part of the order placed by Yousuf Farooq – Insight Max, plausibility checks or value assessments are to be carried out which are based solely on the information, details or documents provided by the client and do not involve checking them.
5. The provision of legal or tax advisory services is excluded from the contract and is at no time part of the services provided by Yousuf Farooq – Insight Max.
6. The passing on or presentation of written documents or results from Yousuf Farooq – Insight Max to third parties requires the prior consent of Yousuf Farooq – Insight Max and is carried out solely in the interest and on behalf of the customer. The third party is not thereby included in the scope of protection of the contract between the client and Yousuf Farooq – Insight Max. This also applies if the third party pays or assumes all or part of the remuneration for the work carried out by Yousuf Farooq – Insight Max for the customer.
7. The work results of Yousuf Farooq – Insight Max can be made available electronically, for example by sending them by email or by storing them on a previously specified server.

3 Obligation of the client to cooperate

1. The client is obliged to support Yousuf Farooq – Insight Max to the best of its ability in the spirit of a trusting collaboration and to create all the conditions necessary for the proper execution of the order within its operational sphere; in particular, it must provide all documents and information necessary and important for the execution of the order in a timely manner. The client shall inform Yousuf Farooq – Insight Max immediately of all circumstances that arise during the course of the project execution and that may influence the processing.
2. The client provides Yousuf Farooq – Insight Max with all information and documents required to carry out the order, in full and with accurate content.
3. If the client does not provide the cooperation required of him or does not do so in full after being requested to do so by Yousuf Farooq – Insight Max, Yousuf Farooq – Insight Max is entitled, but not obliged, to terminate the concluded contract without notice after prior written notice. In this case, Yousuf Farooq – Insight Max can invoice the client for the services actually provided up to the time of termination.

4 Remuneration

1. The services of Yousuf Farooq – Insight Max will be calculated and remunerated – unless otherwise agreed in writing in individual cases – according to the net daily rates applicable at Yousuf Farooq Insight-Max in the amount of EUR 2,300 plus expenses, incidental costs, travel and daily expenses, etc.
2. If requested advances, interim payments or other invoices from Yousuf Farooq – Insight Max are not paid or are not paid in full, Yousuf Farooq – Insight Max is entitled to stop further activities until the outstanding claim is paid in full. In addition, Yousuf Farooq – Insight Max can terminate the concluded contract without notice after setting a written grace period with a threat of termination. In this case, Yousuf Farooq – Insight Max can invoice the client either for the services actually provided up to the time of termination or, instead, for the agreed or forecast total remuneration less expenses saved by the early termination of the contract.
3. Time and remuneration forecasts by Yousuf Farooq – Insight Max with regard to the execution of an order represent a non-binding estimate, since the time required may depend on factors that cannot be influenced by Yousuf Farooq – Insight Max or that cannot be fully foreseen at the time of the offer.
4. If the forecast time or remuneration is exceeded due to circumstances for which the client is responsible (e.g. insufficient cooperation on the part of the client), the resulting additional work must be paid for in accordance with Yousuf Farooq – Insight Max current daily rates. The same applies to excesses of up to 20% if they are due to other causes.
5. If the client withdraws from the contract before the order processing begins, Yousuf Farooq – Insight Max can demand a reasonable part of the agreed fee as a cancellation fee.
6. All amounts to be paid are exclusive of statutory sales tax at the applicable rate.

5 Payment methods

1. Unless otherwise agreed, the services provided by Yousuf Farooq – Insight Max are billed on an expense basis at the end of the month. Yousuf Farooq – Insight Max provides a corresponding service overview in the form of an activity record. Unless otherwise agreed, Yousuf Farooq – Insight Max is free to choose the form of the service overview.
2. Yousuf Farooq – Insight Max invoices are due immediately upon receipt by the customer without deductions. Down payments, deposits and advances must be transferred to the account specified by Yousuf Farooq – Insight Max no later than the 10th calendar day after the invoice date. Final invoices must be transferred to the account specified by Yousuf Farooq – Insight Max no later than the 15th calendar day after the due date.
3. The client is in default if the payment deadline is exceeded; a reminder is not required. From the time of default, the default interest rate is 8% pa above the current base rate.
4. The client may only offset undisputed or legally established counterclaims, unless Section 354a of the German Commercial Code (HGB) conflicts with this; otherwise, offsetting is excluded. The customer is only entitled to exercise a right of retention if his counterclaims are legally established or undisputed.

6 Liability

1. Liability – regardless of the legal basis and in particular due to loss of confidentiality, availability or integrity of data or consequential damages resulting therefrom – is excluded. This also applies to the liability of employees, representatives and vicarious agents. The exclusion of liability does not apply
   1. to the extent that Yousuf Farooq – Insight Max or its representatives, employees or vicarious agents are guilty of intent and/or gross negligence
   2. for negligently or intentionally caused damages resulting from injury to life, body or health by Yousuf Farooq – Insight Max or its vicarious agents
   3. for claims under the Product Liability Act.

Liability for the breach of cardinal duties is limited to such damages that can reasonably be expected, but liability per damage shall not exceed EUR 1000.

2. The client’s contractual claims for damages against Yousuf Farooq – Insight Max expire after 2 years from the date the claim arises.

7 Confidentiality and data protection

1. Yousuf Farooq – Insight Max undertakes to treat all knowledge it receives as a result of this order, in particular company data, plans, documents and the like, as strictly confidential for an unlimited period of time and to oblige both its employees and third parties engaged by it to maintain absolute confidentiality in the same way.
2. The client agrees that all contents of the contract and services provided within the scope of this contract will be stored and processed electronically by the consultant in compliance with the applicable data protection regulations. Both contracting parties undertake not to forward any electronically stored or other data to third parties.

8 Final provisions

1. The client is not entitled to assign his claims under the contract.
2. Yousuf Farooq – Insight Max is entitled to chose the place of performance for all services.
3. Changes and additions to these terms and conditions or the contract must be made in writing and must be expressly marked as such.
4. The law of the Federal Republic of Germany applies. The place of jurisdiction is Ritterhude, Germany