Terms + Conditions For Terms and Conditions for Consultancy Services

1 Consulting

1.1 Finesse Business Solutions & Management LLC shall perform consultancy services as specified in writing in accordance with the current state of the art. Finesse Business Solutions & Management may be called Finesse Business Solutions or FBS.
1.2 The customer shall support Finesse Business Solutions & Management LLC to the extent required, in particular provide all required information needed to complete project or coaching.
 2 Cooperation
2.1 The customer shall name a contact person; Finesse Business Solutions & Management LLC 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 Finesse Business Solutions & Management LLC location. In the first case, the customer shall provide Finesse Business Solutions & Management LLC’s employees with adequate working conditions.
 3 Charges and Payments
3.1 Unless otherwise agreed, the customer shall remunerate Finesse Business Solutions & Management LLC on the basis of costs incurred.
Hourly rates, travel expenses and incidental expenses shall be paid in accordance with Finesse Business Solutions & Management LLC’s price list, unless otherwise agreed. Finesse Business Solutions & Management LLC may submit invoices monthly. Persons engaged by Finesse Business Solutions & Management LLC shall fill out detailed time sheets if services are billed hourly in which Finesse Business Solutions & Management LLC 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 upon contract signing or unless otherwise arranged within 30 days after invoicing.
3.3 Duties, taxes and travel expenditures if applicable shall be paid by the customer on all
prices.
 4 Rights
4.1 All rights in the documents and results arising from the services shall accrue to the customer.
FBS shall not be restricted to use the gained know-how and to render similar consultancy
services for other customers of Finesse Business Solutions & Management LLC, provided Finesse Business Solutions & Management LLC complies with Line” 6.
4.2 If FBS provides documents or programs 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 Finesse Business Solutions & Management LLC has notified the customer of such deliveries in advance.
 5 Finesse Business Solutions & Management LLC’s Liability
5.1 Finesse Business Solutions & Management LLC 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 Finesse Business Solutions & Management LLC breaches a basic obligation of the contract which jeopardizes the contract goal (cardinal obligation). In this event FBS liability shall be restricted to USD 100,000.00 or the contract value, whichever amount is less.
 The restrictions shall not apply to the extent the damages are covered under FBS business
liability insurance provided the insurance company has paid.
 Claims for personal injury shall remain unaffected. 
6 Confidentiality Obligations
6.1 Finesse Business Solutions & Management LLC shall keep the customer's trade and business secrets confidential for an unlimited period of time, as well as all other information obtained by Finesse Business Solutions & Management LLC under or in connection with this
contract, designated in writing as confidential by the customer. However, Finesse Business Solutions & Management LLC shall have no obligation with respect to any information which is (i) already in FBS possession at the time of the execution of the contract, (ii) independently developed by Finesse Business Solutions & Management LLC, or (iii) which is publicly known through no wrongful act of Finesse Business Solutions & Management LLC.
6.2 Notwithstanding as outlined in 6.1, Finesse Business Solutions & Management LLC is not obliged to keep confidential any of FBS ideas, concepts, know-how or techniques related to the development of software.
6.3 Finesse Business Solutions & Management LLC shall oblige its employees to adhere to the confidentiality obligations.
6.4 Finesse Business Solutions & Management LLC 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 either hand or electronically.
7.2 The contract shall conform with and be governed by the laws of the state within and federal regulations. Exclusive venue shall be Finesse Business Solutions & Management LLC's main place
of business.