Terms & Conditions

• 1 General
1. DEIN-Consulting GbR offers its customers services in connection with the market entry and establishment in India. DEIN-Consulting acts mainly as an intermediary, without becoming a debtor/contractual partner of various activities.
2. These general terms and conditions apply to all contracts between DEIN-Consulting GbR and its clients. Opposing or deviating terms and conditions of business, contract and/or purchase will not be accepted, unless their validity is agreed in writing.
3. If individual contractual agreements have been made between the parties to the contract, these take precedence over the provisions of these General Terms and Conditions. These General Terms and Conditions of Business shall then only apply in addition, if and insofar as nothing or nothing to the contrary is regulated in the individual contract.


• 2 Services from DEIN-Consulting
1. The contracting parties agree that DEIN-Consulting only owes the provision of services, but not the production of a work or the achievement of a certain success. The contracting parties further agree that the exclusively service-contractual character of DEIN-Consulting’s obligation to perform services will not change even if DEIN-Consulting undertakes to record the results of its services in writing and to prepare and hand over corresponding reports, studies and the like. Such written reports, studies and the like are – unless expressly agreed otherwise – in particular not expert opinions, but only reflect the essential content of the process and result of the services.
2. DEIN-Consulting is entitled to use expert third parties as subcontractors for the execution of the order. The contracting parties further agree that DEIN-Consulting does not owe or provide any legal, tax or auditing services. Insofar as DEIN-Consulting ensures the provision of such activities through the involvement of appropriate professionals, it acts only as an intermediary without becoming a debtor/contractual partner of such activities itself.
3. The contracting parties agree that DEIN-Consulting is not obliged to check the information, data or documents provided to it in writing or orally for their factual or mathematical accuracy, completeness or correctness. However, if DEIN-Consulting recognizes that the information, data or documents provided to it in writing or orally are obviously incorrect, incomplete or incorrect, it will point this out.
4. The client has the right to have any defects corrected. This claim must be asserted immediately. DEIN-Consulting must be given the opportunity to rectify the defects.


• 3 Retention of documents

DEIN-Consulting is no longer obliged to keep the documents handed over to it by the client for the purpose of rendering the services owed by the client if three years have passed since the date of termination of the contractual relationship or if six months have passed since a written request to the client to collect the documents.



• 4 Duty to cooperate
1. The client is obliged to support DEIN-Consulting to the best of his ability, in particular to provide all information and documents necessary for the execution of the order, and to create in his business sphere all conditions necessary for the proper execution of the order.
2. The client is further obliged to name one or more persons to DEIN-Consulting who are authorized to make all obligatory declarations necessary for the provision of the service owed.


• 5 Data protection, data transmissionl
1. The client agrees that the exchange of data and information in the cooperation with the client and with all project participants may also take place via unencrypted e-mails. If the Customer wishes that data not be sent via unencrypted e-mails and e-mail attachments, he shall notify the Contractor in writing – either in individual cases or in general. In this case, e-mail attachments will then be sent in encrypted form, which the Customer can only open with a password. Both for the data transmission from the Customer to the Contractor and vice versa, if encryption is desired, encryption and decryption methods are to be used which can be applied with standard software (in particular MS Office, Apple Mail) without additional installations.
2. DEIN-Consulting is entitled to collect, automatically process and store personal data of the client and his employees entrusted to it in the course of its activities, and – within the scope of the subject matter of the order – if necessary to transfer it to a service computer centre or other suitable third parties for further processing of the order data. If third parties are involved, DEIN-Consulting has to ensure their obligation of secrecy
3. The client is aware that the content of unencrypted emails or their attachments may be read by unauthorized third parties. Nevertheless, the client agrees to a communication and transmission of documents by unencrypted e-mail. Should the client wish to use a different communication technique, he will inform DEIN-Consulting of this.


• 6 Rights to the results of the work
1. All copyrights or rights from supplementary protection under law on competition in all documents produced by DEIN-Consulting for the purpose of providing the services owed are the exclusive property of DEIN-Consulting.
2. The use, reproduction and publication of such documents produced by DEIN-Consulting for the purpose of providing the services owed is only permitted to the client for his own business and for the purposes stipulated in the contract.
3. The transfer of the results of DEIN-Consulting’s work to third parties requires the written consent of DEIN-Consulting, unless DEIN-Consulting’s consent for the transfer is already included in the order.


• 7 Right of Retention

DEIN-Consulting is entitled to a right of retention of the documents handed over to it by the client for the purpose of providing the services owed until the complete fulfilment of its claims arising from the contractual relationship. This right of retention does not exist if and to the extent that this would cause a disproportionate disadvantage to the client, even taking into account DEIN-Consulting’s interest in performance.



• 8 Remuneration
1. Unless otherwise agreed, the usual remuneration and the reimbursement of expenses in the usual amount shall be deemed agreed.
2. DEIN-Consulting is entitled to invoice for the work performed every 14 days after the beginning of the contractual relationship. The fee is due immediately after invoicing.
3. In addition to the fee claim according to paragraph 1, DEIN-Consulting is also entitled to a claim for reimbursement of all expenses and outlays made for the provision of the services owed.
4. The client can only offset the fee claim and the claim for reimbursement of expenses against undisputed or legally binding claims.
5. The VAT will be charged at the statutory rate.
6. Several clients of the same order are jointly liable for the remuneration as debtors.
7. Upon payment of invoices of DEIN-Consulting by the client or by third parties commissioned by the client, the claims asserted with the respective invoice are considered accepted. Claims for repayment are excluded.
8. Objections against invoices of DEIN-Consulting have to be raised within four weeks after receipt at the latest; later objections are excluded.
9. If the order ends before its complete execution, DEIN-Consulting shall receive a share of the remuneration corresponding to the extent of its work performed until the end of the order. If the order is terminated prematurely for reasons for which the client is responsible, DEIN-Consulting is additionally entitled to 90% of the remuneration to which it is entitled for this period for the period from the termination of the order to the expiry of the agreed regular period of notice. The contracting parties have the possibility to prove a lower or higher damage.


• 9 Confidentiality

DEIN-Consulting undertakes to maintain secrecy about all facts that come to its knowledge in connection with the execution of the order unless the client releases it from this obligation.

The obligation of secrecy does not apply if disclosure is necessary to protect the legitimate interests of DEIN-Consulting. DEIN-Consulting is also released from the obligation of secrecy to the extent that it is obliged to inform and cooperate according to the terms of its professional liability insurance.

The obligation of secrecy does not apply to the client’s lending banks.



• 10 Liability

The liability of DEIN-Consulting for damages of the client is excluded, as far as there is no intentional or grossly negligent breach of duty; in case of negligence it is limited to EUR 250.000,00 per case of damage. DEIN-Consulting is, however, liable for damages resulting from culpable injury to life, body and health as well as damages resulting from culpable violation of essential contractual obligations (so-called cardinal obligations); in the case of the latter, however, in case of slight negligence, liability is limited to the amount of damages typical for the contract and foreseeable at the time of the beginning of the contract. DEIN-Consulting is not liable for loss of production and loss of profit for the client. Liability for the success or the achievement of certain goals of the client is generally excluded, unless otherwise expressly agreed in writing.



• 11 Limitation period

All claims of the client against DEIN-Consulting resulting from the contractual relationship expire after 2 years. Deviating from this, the legal limitation period of 3 years applies if DEIN-Consulting is guilty of intent.



• 12 Termination of the contractual relationship

Unless otherwise agreed, the contractual relationship can be terminated by either party with a notice period of 14 days to the end of the month. Any termination must be made in writing to be effective.



• 13 Completion of the contract

The contract awarded to DEIN-Consulting is terminated by the provision of the services owed. If DEIN-Consulting notifies the client in writing of the complete provision of all services owed, the client can no longer demand the provision of further services unless he complains in writing about the incompleteness of the services provided within four weeks of receipt of the written statement from DEIN-Consulting.



• 14 Final Provisions

German law shall apply exclusively to all claims resulting from or in connection with this contractual relationship.

Place of jurisdiction is the registered office of DEIN-Consulting. However, DEIN-Consulting may also sue the client at his general place of jurisdiction.

Should individual provisions of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties are then obliged to find a replacement provision that comes as close as possible to the economic purpose of the invalid clause.