Terms & Conditions
Terms and Conditions for Consulting Services
§ 1 Scope of Contract
1.1 IKB EOOD shall perform consultancy services as specified in writing in accordance with the current state of the art.
1.2 The customer shall support IKB EOOD to the extent required, in particular provide all required information.
§ 2 Cooperation
2.1 IKB EOOD shall name a consultant, the customer a representative. Both shall promptly make all decisions on their authority or provide all authorizations required without delay. The consultant shall record all decisions in writing. The representative shall provide all required information. IKB EOOD shall contact the representative as necessary to ensure the proper performance of the mutual obligations.
2.2 The services shall be performed at the customer's location if necessary, otherwise at IKB EOOD’s location. In the first case, the customer shall provide IKB EOOD’s employees with adequate working conditions.
§ 3 Rights of Use
3.1 All rights in the documents and work results arising from the services shall accrue to the customer.
3.2 IKB EOOD shall not be restricted to use the gained know-how and to render similar consultancy services for other customers of IKB EOOD, provided IKB EOOD complies with §6.
§ 4 Charges and Payments
4.1 If it is agreed to remunerate IKB EOOD on the basis of time consumed, working time, travelling expenses and incidental expenses shall be paid in accordance with IKB EOOD’s price list valid at the time. IKB EOOD may submit invoices on a monthly basis. Persons engaged by IKB EOOD shall fill out detailed time sheets which IKB EOOD shall hand over monthly to the customer if requested. The customer may audit these sheets at any time.
Travel expenses and travel time shall be reimbursed separately even if a fixed price is agreed on.
4.2 Payments shall be due within 30 days after invoicing.
4.3 Duties, taxes and levies including V.A.T. – if applicable – shall be paid by the customer on all prices.
§ 5 Liability
5.1 IKB EOOD – including any person engaged in performing any obligation under this contract – shall be liable for damages under any claim based on normal negligence only if IKB EOOD breaches a basic obligation of the contract which jeopardizes the contract goal (cardinal obligation). In this event, IKB EOOD’s liability shall be restricted to € 5000 or the contract value, whichever amount is higher. The customer may claim a higher maximum, but IKB EOOD may then require a surcharge for the aggravated risk.
5.2 The restrictions shall not apply to the extent the damages are covered under IKB EOOD’s business liability insurance and the insurance company has paid IKB EOOD. IKB EOOD agrees to maintain the insurance coverage in effect at the time of the execution of the contract.
5.3 Claims for bodily injuries shall remain unaffected.
§ 6 Confidentiality
6.1 IKB EOOD shall keep the customer's trade and business secrets confidential as well as all other information designated in writing as confidential. IKB EOOD shall have no obligation with respect to information that is already in its possession, is independently developed or becomes publicly known through no wrongful act of IKB EOOD.
6.2 IKB EOOD is not obliged to keep confidential any ideas, concepts, know-how or techniques related to hard- and/or software services.
6.3 IKB EOOD shall oblige its employees to adhere to the confidentiality obligations.
6.4 IKB EOOD may enter the customer's name into IKB EOOD’s list of customers, together with a short description of IKB EOOD's performances. All other references that the customer is IKB EOOD's customer are subject to the customer’s prior approval.
§ 7 Miscellaneous
7.1 The contract shall constitute the entire agreement between the parties and shall not be altered, amended or cancelled, except in writing and with the consent and signature of all parties concerned.
7.2 The contract shall conform with and be governed by the laws of Republic of Bulgaria without regard to its choice of law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Exclusive venue shall be IKB EOOD's main place of business.