Definitions In there General Terms and Conditions, the following definitions are applicable:
“Client” means the organization or company with who the Contract is entered into;
“Confidential Information” means any information related to the Engagement disclosed by the Client to the Consultant and by the Consultant to the Client, respectively, either directly or indirectly. Confidential information may include, by way of example but without limitation, products, specifications, formulae, equipment, formulas, models, employee interviews, records, quality monitoring, schemes/ programs, training materials, business strategies, customer lists, know-how, drawings, pricing information, inventions, ideas and other information, or it’s potential use, that is owned by or in possession of the Client and the Consultant, respectfully.
“Contract” means the contract between the Client and the Consultant which defines the scope of the Engagement and the services to be rendered by the the Consultant, as well as the fee schedule for said services. More specifically the Contract shell consist of the Purchase Order, these Terms and Conditions and any other documents (or parts thereof) specified in the Purchase Order
means any agreement, in whatever form, reached between the Consultant and the Client pursuant to which the Consultant agrees to render services to the Client in exchange for a fee pus costs;
means any cause beyond the reasonable control of the affected party, including, but not limited to, any act of God, war, riots, acts of the public enemy, fire, strikes, labour disputes, accidents, or any act in consequence of compliance with any order of any government or governmental authority;
“Project” means the services to be provided by the Consultant to the Client as specified in the Purchase Order;
“Purchase Order” means the document(i) setting out the services to be provided by the Consultant to the Client and (ii) listing any documents and the like to be provided by the Client to the Consultant such that the Consultant may perform the Project;
means either an affiliate or subsidiary of the Consultant, or an independent contractor, respectively, which is qualified to preform the applicable services as contemplated by the Engagement and the Contract, and has been contracted by the Consultant accordingly, as evidenced by an agreement in writing
2.1 These General Terms and Conditions govern the provision of all services from or on behalf of the Consultant to the Client and apply to all legal relationships between the Consultant and the Client.
2.2 These General Terms and Conditions supersede any and all prior oral and written quotations, communications, agreements, and understandings of the parties and shall apply in preference to and supersede any and all terms and conditions of any other placed by the Client and any other terms and conditions submitted by the Client. Failure of the Consultant to object to terms and conditions set by the Client shall in no event be construed as an acceptance of any terms and conditions of the Client. Neither the Consultant’s commencement of performance nor the Consultants delivery of services shall be deemed or constituted as acceptance of any of the Clients terms and conditions. Any communication or conduct of the Client which confirms an agreement for the provision of services by the Consultant, as well as acceptance by the Client of any provision of services from the Consultant shall constitute an unqualified acceptance by the Client of there General Terms and Conditions
2.3 By contacting on the basis of these General Terms and Conditions , the Client agrees to the applicability there of in respect of future agreements between itself and the Consultant, even if this not expressly stated.
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