Terms & Conditions
1 Consultancy Services
1.1 K A P S & CO LLP registered in India as a Limited Liability Partnership represented by cpainindia.com shall perform consultancy services as specified in writing in accordance with the current state of the art.
1.2 The customer shall support cpainindia.com to the extent required, in particular provide all required information.
2.1 The customer shall name a contact person; cpainindia.com shall name a customer consultant. Both shall have the authority to make the necessary decisions or shall obtain authorization for them in a timely manner. The customer consultant shall put decisions in writing. The contact person shall provide all required information. The customer consultant shall contact the contact person as is required 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 cpainindia.com locations. In the first case, the customer shall provide to the employees of cpainindia.com with adequate working conditions.
3 Charges and Payments
3.1 The customer shall remunerate cpainindia.com on the basis of fees and charges agreed upon.Hourly rates, travel expenses and incidental expenses shall be paid in accordance with cpainindia.com price list, unless otherwise agreed. cpainindia.com may submit invoices on a monthly or per service basis. Persons engaged by cpainindia.com shall fill out detailed cost sheets which cpainindia.com shall hand over to the customer if requested. The customer may audit these sheets at any time. In case of fixed prices, travel and incidental expenses shall be reimbursed separately.
3.2 Payments shall be due as 50% advance and rest as per the terms agreed upon and that shall be paid within 10 days after invoicing. 3.3 Duties, taxes and levies including Service Tax – if applicable –shall be separately calculated on top of all the payable prices and paid by the customer.
4.1 All rights in the documents and results arising from the services shall accrue to the customer. cpainindia.com shall not be restricted to use the gained know-how and to render similar consultancy services for other customers of cpainindia.com, provided cpainindia.com complies with 6.
4.2 If cpainindia.com provides documents or any knowhow not developed under the contract, the customer may use them only within the framework of the work results under the contract, but not isolated, provided cpainindia.com has notified the customer of such deliveries in advance.
5 Liability Clause
5.1 cpainindia.com – 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 cpainindia.com breaches a basic obligation of the contract which jeopardizes the contract goal. In this event cpainindia.com maximum liability shall be restricted to the contract value only.
6 Confidentiality Obligations
6.1 cpainindia.com shall keep the customer’s trade and business secrets confidential for an unlimited period of time, as well as all other information obtained by cpainindia.com under or in connection with this contract, designated in writing as confidential by the customer. However, cpainindia.com shall have no obligation with respect to any information which is (i) already in cpainindia.com possession at the time of the execution of the contract, (ii) independently developed by cpainindia.com, or (iii) which is publicly known through no wrongful act of cpainindia.com.
6.2 Notwithstanding 6.1, cpainindia.com is not obliged to keep confidential any of cpainindia.com ideas, concepts, know-how or techniques related to the services provided.
6.3 cpainindia.com shall oblige its employees to adhere to the confidentiality obligations.
6.4 cpainindia.com may include the name of the customer and a brief description of the rendered performances in a reference list. All other advertising references to the customer shall be agreed on in advance with the customer.
7 Miscellaneous 7.1 The contract and its modifications require written form.
7.2 The contract shall conform with and be governed by the laws of the New Delhi, Republic of India without regard to its choice of law rules. Exclusive venue shall be cpainindia.com main place of business.