General Terms and Conditions

The German version of these Terms is legally binding. The English translation is provided for convenience.

§ 01Scope of application

These General Terms and Conditions (T&Cs) apply to all contracts for advisory and support services between the service provider ConsultIQ, Bilel Azaiez (hereinafter the “Contractor”) and the respective contractual partner (hereinafter the “Client”), unless expressly agreed otherwise in writing.

§ 02Subject of the contract

The Contractor provides advisory and support services in the area of data security and AI governance in Microsoft 365, in particular with a focus on Microsoft Purview. The aim is to strengthen data protection, ensure compliance and improve the Client's security posture. The specific scope of services, the remuneration, the hourly rate in euros and the agreed service quota in person-days (PD) result from the respective offer.

One person-day (PD) corresponds to a working day with up to 8 hours of effort per person. Partial services may be billed proportionally.

§ 03Qualification and professional performance

The Contractor warrants that it has the professional qualifications and experience necessary to perform the commissioned services. The Contractor undertakes to perform the services with due care, in accordance with the current state of the art and taking into account the relevant statutory requirements and best practices.

§ 04Performance and duties of cooperation

The services are provided exclusively remotely via digital communication and collaboration tools (e.g. Microsoft Teams, email, remote access). On-site work is not foreseen.

The Client undertakes to provide the Contractor in good time with all information, documents, system access and contact persons required to perform the agreed services. If the Client fails to meet this duty of cooperation, or meets it only partially, any deadlines will be extended accordingly.

§ 05Remuneration, billing and payment terms

Remuneration is based on the hourly rate or day rate agreed in the offer, plus statutory VAT. Billing is on an hourly basis according to the services actually rendered. Invoices are issued monthly and are payable within 30 calendar days without deduction. The Contractor is entitled to bill partial services. Price changes and additional services require the prior written consent of both parties.

§ 06Rights of use and intellectual property

The Contractor warrants that all services rendered under this contract, in particular created work results such as concepts, documentation, reports or other materials, do not infringe the rights of third parties. Should the Client nevertheless be held liable by third parties on grounds of an IP infringement, the Contractor shall indemnify the Client fully against any resulting claims.

The Client shall acquire ownership of, and an exclusive, irrevocable, unlimited (in time, territory and content) and transferable right of use to all work results created under this contract for unrestricted internal and external use. No additional remuneration is due for the grant of these rights of use; they are fully covered by the agreed fee.

§ 07Confidentiality

Both parties undertake to treat all information obtained in the course of the cooperation as confidential. This obligation continues after termination of the contract. Trade or business secrets shall neither be recorded nor passed on to third parties.

§ 08Data protection

The Contractor undertakes to observe all data-protection provisions under the GDPR and BDSG. To the extent personal data is processed on behalf of the Client, a separate Data Processing Agreement (DPA) shall be concluded if required.

§ 09Service disruptions, deadlines, default

Time indications are non-binding unless expressly agreed as binding. The Contractor falls into default only following a written reminder after the due date. In the event of force majeure, illness or technical disruptions outside its control, the deadline shall be extended automatically. Damages for default are excluded unless gross negligence or wilful intent is involved.

§ 10Liability

The Contractor is fully liable for wilful intent and gross negligence. In the case of simple negligence, liability is limited to the breach of material contractual obligations. Any further liability, in particular for indirect damages, lost profits, data loss or business interruption, is excluded to the extent permitted by law.

§ 11Warranty

The Contractor does not guarantee any specific outcome. For advisory or supporting services, warranty is granted only within the scope of proper service performance in accordance with the state of the art. In the event of defects, the Contractor must be given a reasonable period to remedy them.

§ 12No acceptance obligation

The Client is not obliged to draw down any specific scope of services or to formally accept work results, unless expressly agreed in writing (e.g. for fixed-price contracts or fixed-price projects).

§ 13Contract term and termination

The contract begins upon acceptance of the offer and is concluded on a project basis or for an indefinite term. Either party may terminate the contractual relationship in writing with 14 days' notice to the end of a month. The right to extraordinary termination for good cause remains unaffected.

§ 14Final provisions

Should any provision of these T&Cs be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose intended.

The law of the Federal Republic of Germany applies. The place of jurisdiction, to the extent permitted by law, is Düren.