TERMS AND CONDITIONS
1. Scope of application
(1) All deliveries, services and offers of Qamaas are made exclusively on the basis of these General Terms and Conditions. These are an integral part of all contracts that Qamaas concludes with its contractual partners (hereinafter also referred to as the “Customer”) for the deliveries or services offered by it. They also apply to all future deliveries, services or offers to the Client, even if they are not agreed separately again.
(2) Terms and conditions of the customer or third parties do not apply. Even if Qamaas refers to a letter or e-mail containing or referring to the terms and conditions of the customer or a third party, this does not imply that these terms and conditions shall apply. The application and validity of such terms and conditions is expressly and mutually excluded.
2. Services provided by
Qamaas / Client’s involvement
(1) Qamaas is supporting the customer to research the market for valid offers of training products. As an outcome Qamaas will establisch contact between the customer and the selected training provider.
(2) The customer must always perform the acts of cooperation incumbent on him in full and in due time at the first request of Qamaas. If the customer fails to cooperate and thus prevents the provision of services by Qamaas, Qamaas’s claim to remuneration remains unaffected.
(3) Qamaas also provides coaching and consulting services to customers in the field qualification & training management.
(4) With regard to coaching and consulting services, the customer has no claim to achieve a specific success.
(5) The customer shall immediately promote the provision of services by Qamaas by appropriate acts of cooperation upon the first request of Qamaas. In particular, it will provide Qamaas with the information and data required for the provision of services. In addition, the customer will provide the necessary working materials upon first request from Qamaas.
(6) At the first request of Qamaas, the Client shall appoint a contact person (“Project Manager”) as a permanent reference person for all matters relating to the Project.
(7) If the customer does not comply with its obligation to cooperate and Qamaas is therefore unable to complete all or part of its services within the agreed time, the period agreed for the provision of services shall be extended by the period that the customer is in default.
(8) Qamaas is entitled to have services owed to the customer provided by vicarious agents or third parties.
(9) By using our services, the customer agrees that Qamaas may contact suppliers on the customers behalf to explore the terms and pricing. Our goal is to transparent view about the suppliers offers. Any communication with suppliers will be conducted professionally and in accordance with privacy regulations.
(10) Insignificant defects in the performance shall not preclude acceptance.
3. Conclusion of contracts
(1) The contract between Qamaas and the customer may be concluded by telephone, in writing or in text form. Also a contract is concluded by instructing Qamaas to contact a supplier.
(2) Upon verbal conclusion of the contract, the customer will receive an order confirmation at Qamaas’s request.
4. Payments, Prices, Terms and Conditions
(0) Qamaas service to support researching of training product are for free.
(1) The prices indicated and communicated by Qamaas are binding. The prices communicated are net plus the applicable statutory value added tax.
(2) Payment for Qamaas’s services shall be made immediately after the invoice has been issued or by individual agreement. The remuneration for Qamaas’s services is generally due upon conclusion of the contract, unless Qamaas’s offer is otherwise. A (SEPA) direct debit authorisation granted to Qamaas is also valid for the further business relationship until revoked.
(3) If the SEPA direct debit is agreed, the customer must provide Qamaas with a written SEPA direct debit mandate after the conclusion of the contract. The customer will be provided with a corresponding form by Qamaas upon request.
(4) Qamaas will issue a proper invoice to the customer showing the value added tax (if necessary by vicarious agents).
(5) In the event that agreed direct debits cannot be collected from the customer’s account or a chargeback occurs, the customer is obliged to transfer the amount owed to Qamaas within three working days of Qamaas’s request and to bear the costs incurred as a result of the chargeback.
(6) The customer expressly waives the right to offset against all claims to which Qamaas is entitled and which, however named, resulting from the contractual relationship between Qamaas and the customer, its own claims or claims of third parties that it has acquired. This waiver is accepted by Qamaas.
(7) If the customer fails to attend the kick-off date agreed with Qamaas at the time of conclusion of the contract without excuse and Qamaas is unable to perform the commissioned service as a result, the customer remains obliged to pay the agreed advance.
5. Termination, Term, Acceptance Date
(1) The contract shall have the term agreed individually (by telephone or in writing) between the parties. Qamaas and the customer waive their right to terminate the contract within the agreed term. These waivers are mutually accepted by Qamaas and the Client.
(2) Agreed acceptance dates are not fixed dates and are subject to the provision of the necessary cooperation by the customer. Current market influences (e.g. no/low availability of raw materials, production breaks of manufacturers in the summer months/at Christmas, wars, etc.) can change/extend acceptance dates and fixed dates. Qamaas has no influence on this.
(3) The right to extraordinary termination for good cause remains unaffected.
6. Default / Extraordinary Termination
(1) Deadlines for the provision of services by Qamaas shall not commence until the respective invoice amount due has been received by Qamaas and, in accordance with the agreement, the data required for the services are available to Qamaas in full or the necessary acts of cooperation have been provided in full.
(2) If the customer is in arrears with due payments, Qamaas reserves the right not to perform any further services until the outstanding amount has been settled.
(3) In addition, Qamaas is entitled to terminate the contract extraordinarily and to discontinue its services if the customer continues to be in default with the payment of due payments despite setting a grace period of 8 days.
7. Fulfillment
(1) Qamaas will carry out the agreed services in accordance with the offer with the necessary care. Qamaas is entitled to make use of the assistance of third parties for this purpose without restriction.
(2) If Qamaas is prevented from providing the agreed services and the reasons for impediment originate from the sphere of the customer, Qamaas’s claim to remuneration remains unaffected.
(3) Qamaas does not guarantee prices or offers from suppliers or third parties. Qamaas does not guarantee that the cooperation between the customer and the mediated manufacturer will work after the end of the project. This is at the discretion of the customer. Qamaas is a purchasing consultancy.
8. Liability and Indemnity
(1) Qamaas shall only be liable for fault – regardless of the legal basis – in the case of intent and gross negligence. In the event of slight negligence, Qamaas shall only be liable
- a) for damage resulting from injury to life, limb or health,
and
- b) for damages resulting from the breach of an essential contractual obligation (obligation the fulfilment of which is essential for the proper performance of the contract in the first place and on the observance of which the contractual partner regularly relies and may rely), whereby in this case the liability is limited to compensation for the foreseeable, typically occurring damage.
(2) The customer must assert any claims for damages to which he is entitled in court within a period of 1 month, otherwise any claims for damages to which he is entitled are to be regarded as time-barred.
9. Right of withdrawal for consumers
(1) If the customer is a consumer within the meaning of the provisions of § 1 KSchG, the customer may withdraw from his contract application or from the contract concluded with Qamaas within 14 days if the customer has not submitted his contractual declaration either in the premises permanently used by Qamaas for its business purposes or at a stand used by it for this purpose at a trade fair or market.
(2) The 14-day withdrawal period begins with the conclusion of the contract. It is not necessary to give reasons. The withdrawal is not bound to any specific form. In order to exercise his/her right of withdrawal, the Client must inform Qamaas of his/her decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail).
10. Final Provisions
(1) Deviations from these GTC are only effective if they have been agreed in writing. Individual agreements made with the customer in individual cases, including ancillary agreements, additions and amendments, take precedence over these GTC in any case. The content of such agreements shall be governed by a written contract or the written confirmation of Qamaas.
(2) The exclusive application of Austrian law is agreed. The place of fulfilment is the registered office of Qamaas. For any disputes arising from the contractual relationship between Qamaas and the customer, the exclusive jurisdiction of the Stuttgart (Germany) District Court is agreed, regardless of the amount in dispute.