General Terms and Conditions

IRAQ CONSULTING LTD
Wallensteinstr. 4
90439 Nürnberg
Germany

§1 Scope of action

1.1 Our General Terms and Conditions apply for the entire business connections with our customers; herein after referred to as “Client”. The general Terms and Conditions shall be effective for the duration of the business relationship.

§2 Order placement and service

2.1 The foundation for the business relationship is the actual consultancy agreement at hand, respectively the written order form, from the client to us, in which the scope of services as well as the compensation for the consultation is recorded.

2.2 The Client shall place an order in one the following forms:

per telephone
postal
per fax
per e-mail.

The consulting agency shall accept informal orders as well.
The client will receive a confirmation for the incoming order either by fax or by E-mail. The order is then considered as accepted and the consultancy agreement as agreed upon with the confirmation order.

2.3 If particularly required, Iraq Consulting Ltd. shall engage external consultants with whom, through former collaboration, the consulting agency is acquainted with.
In such a case the business relationship still exists between the consulting agency and the client, unless different arrangements are stipulated upon in the agreement.

2.4 Updates and changes of quotes and orders shall be set out in writing from both parties and shall be a part of the contractual relationship as supplemental agreement between the consulting agency Iraq Consulting Ltd. and the client.

§3 Prices

As regulated by state law allservice prices include the current sales tax of 19%.

§4 Payment and due date

4.1 Iraq Consulting Ltd.´s is entitled to payment resulting in all services redered as soon as said service have been performed. Each service rendered which is not specifically stated in the agreement is a secondary service and will be billed separately.

4.2 The amount payabler is due immediately upon receipt of invoice.

4.3 The client is behind the payment, even without admonition from the consulting agency, if the payment has not been made within 14 days after the due date and/or after the entrance of the invoice. In this case, the consulting agency is entitled to demand default interest in the amount of the statutory interest rate.

4.4 The client is only entitled to summation and restrain of similar requirements if they are undisputed and legally established. In case of disparate requirements shall the right of retention be limited to stipulations of the same contractual relationship.

§5 Terms of delivery and date

5.1 Terms of delivery may only be required times, respectively, estimated dates, which are stated conscientiously and with the best intentions.

5.2 The client is only then entitled to assertion of their rights after an adequate extension of the delivery date has been set by the consultancy agency.

§6 Client obligations for cooperation

6.1 The client shall provide all essential documents, information and matters concerning the accomplishment of the order to the consulting agency Iraq Consulting Ltd.
The client shall allocate a seperate contact person to the consulting agency for any long term projects.

§7 Confidentiality

7.1 Iraq Consulting Ltd. is obligated to maintain confidentiality about all matters concerning the company, the business and personal affairs with which Iraq Consulting Ltd. has had insight to.
This obligation, to maintain confidentiality, applies in the same tenor for the assistants of the consulting agency. The confidentiality clause applies even after termination of the consulting contract and an annulment can only be executed in written form by the client himself/herself.
Furthermore, Iraq Consulting Ltd. is obligated to store documents accurately that have been left for purpose of advisory activity, and to protect the documents from the insight of third parties. No documents or similar data which the consulting agency has received from the client shall be sent back.

§8 Limitation of liability

8.1 The consulting agency assumes no liability for any damages which result from force majeure (e. g. electrical power outage, natural phenomenon, traffic jam or interior commotions in Iraq), Network- and Server error, disturbance of the line and transmission interferences, viruses or postal interferences. The client shall be responsible for the final examination of all transferred and sent data.

8.2 The consulting agency also assumes no liability for damages of the clients Hard- and Software, which result from unknowledgeable transfer of virus infected e-mails.

8.3 The consulting agency, is obligated to accomplish all assigned projects with professional and commercial accurateness, to the best of its knowledge.
Furthermore, the consulting agency is not liable in case of, that the success of any measurem not being up the clients expectations.

8.4 The consulting agency is not liable for damages and subsequent damages, as far as the client him-/herself or third parties have changed or falsified materials, documents and information which have been given to the consulting agency.

8.5 The liability of the consulting agency is limited to intention and gross negligence, as well as the breach of cardinal obligations.

§9 Notification of defects

9.1 If the client must immediately give notice to the agency in case of profoung deficiency or impartial delivery within 14 days after order processing, the order shall be considered as carried out.

9.2 Shall a service be completely put into question by the client then the claim of defects has to be circumstantiated through a legitimate second opinion of a third party.

9.3 In the case of a notification of defect on sides of the customer then there must be opportunity for subsequent improvement on sides of the consulting agency. Shall the subsequent improvement remain unsuccessful then the client is entitled to abatement or alternative action.
In either case, the liability to the amount of the relevant order is limited, with deduction of the already incurred expenses. Liabilities shall not be assumed, that are predicated upon infringement of a copyright or requirements of a third party.

9.4 Shall the time of delivery exceed an inadequately long time - the individually arranged delivery time applies as measurement - and the consulting agency could not comply with the additional respite granted and the consulting agency has been informed in written form, then the client is entitled to withdrawal from the agreement.

§10 Salvadorian Clause / Severability

10.1 The other agreements remain unaffected should a single aspect of these general terms and conditions become partly or completely invalid. Instead, a term is assumed that meets within the legally allowed intended purpose and interest of both parties in the best possible way.

10.2 The law of the Federal Republic of Germany is valid for these general terms and conditionsand all legal business between the consultancy agency and the client; the application of UN trade law is excluded. These terms and conditions have been translated from the German language. The translation was carried out with the best intentions and knowledge.
However, in the case of a dispute, the German terms and conditions (AGB) shall prevail over the English translation.

§11 Applicable law

The privity between the client and Iraq Consulting Ltd. shall solely apply to the Law of the Federal Republic of Germany.

§12 Place of performance and court of jurisdiction

12.1 Place of performance is the registered domicile of our consulting agency in Nuremberg, Germany.

12.2 Jurisdiction for all collateral or direct disputes arising between the consulting agency and the client shall be the court of law in Nuremberg, Germany.