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  • Home
  • Services
    • AI Strategy, AI Automation & RPA
    • Business Analytics, Requirement Engineering & Product Ownership
    • Business Intelligence
    • Data Analytics & Data Science
    • International Business Advisory & Project Management
  • About us
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Terms and Conditions

QP – Business & IT Solutions
Herzbergstr. 155
10367 Berlin
Germany

Effective Date: 01.01.26

§ 1 Scope, Contractual Partners, Definitions

These Terms & Conditions (T&C) apply to all contractual agreements between
QP – Business & IT Solutions (hereinafter “QP”, “we”, or “us”) and business
customers receiving consulting, analytics, implementation, automation, or internationalisation services, including
but not limited to:

  • Business Analytics & Requirement Engineering
  • Business Intelligence (BI) & Reporting
  • Data Analytics & Data Science
  • AI Strategy, AI Automation & RPA
  • Digital Process Optimization
  • Project Management (Waterfall & Agile/Scrum)
  • Internationalisation & Market Entry Advisory

QP provides services exclusively to business clients (B2B) within the meaning of § 14 German Civil Code (BGB).
Contracts with consumers (B2C) are not concluded unless explicitly agreed in writing.

Only these T&C apply. Conflicting terms of the customer do not become part of the contract unless explicitly
accepted in writing. Individual agreements (e.g., pricing, scope, timelines) take precedence.

§ 2 Subject of Contract, Scope of Services, Service vs. Work Contract

(1) Nature of Services

Unless expressly designated as a work contract in writing, all services provided by QP are services of reasonable
effort, not guaranteed outcomes.

This applies in particular to:

  • AI models, automation workflows, RPA
  • analytical models, dashboards, KPIs
  • data architectures and data pipelines
  • strategy development, process design, consulting
  • project management and internationalisation support

(2) No Guarantee of Results

QP does not guarantee:

  • financial performance (e.g., revenue improvement)
  • accuracy of predictive models
  • system uptime or error-free operation of automations
  • regulatory or compliance outcomes
  • successful market entry

unless explicitly agreed as a work result in writing.

(3) Change Requests (CRs)

If the customer requests changes after project initiation:

  • changes must be confirmed in writing,
  • additional work will be billed separately,
  • timelines and milestones may shift accordingly.

Unconfirmed change requests have no contractual effect.

§ 3 Customer Cooperation Duties

The customer shall provide all required information, data, system access, approvals, and internal contacts necessary
for the performance of the services.

If cooperation is delayed or insufficient:

  • project timelines extend,
  • additional effort may be charged,
  • QP’s entitlement to payment remains unaffected.

QP is not liable for errors or delays caused by incomplete, incorrect, or delayed customer data or missing cooperation.

§ 4 Special Liability Rules for AI, Automation & Data Projects

(1) AI Systems & Automation Limitations

The customer acknowledges that:

  • AI and machine learning models operate probabilistically,
  • automated decisions may contain errors,
  • output quality depends on data quality and model limitations,
  • AI does not replace human review.

The customer remains responsible for:

  • validating automated results,
  • approving decisions where required,
  • compliance, governance, and regulatory duties.

Liability for AI-related errors is excluded except in cases of intent or gross negligence.

(2) Data Quality

QP is not liable for:

  • corrupted, inaccurate, incomplete, or late customer data,
  • failures in customer systems or APIs,
  • inaccuracies caused by third-party services or integrations.

§ 5 Contract Formation

Information presented on our website, documents, or proposals is not a binding offer. A contract is formed only upon:

  • written acceptance of our offer, or
  • countersignature of a project agreement, or
  • explicit confirmation via email or electronic signature.

§ 6 Prices, Payment Terms, Due Dates

Unless agreed otherwise:

  • invoices are due immediately upon receipt,
  • work commences only after payment has been received,
  • installment payments must be agreed in writing.

If the customer defaults, QP may suspend services until payment is made.

§ 7 Term, Termination

Contracts run for the duration specified in the main agreement.

Ordinary termination during the term is excluded. Extraordinary termination for good cause remains possible.

No statutory right of withdrawal exists for business clients.

§ 8 Use of Subcontractors

QP may engage qualified subcontractors. QP remains responsible for proper delivery of services.

§ 9 Intellectual Property & Usage Rights

(1) Work Results

All deliverables (documents, dashboards, data models, scripts, automation workflows, AI models, designs, diagrams,
concepts, etc.) remain the intellectual property of QP unless otherwise agreed.

(2) Rights Granted

After full payment the customer receives a non-exclusive, non-transferable right of use for internal business
purposes.

(3) Prohibition of Sharing

Sharing, disclosure, sublicensing, or publication of deliverables to third parties is prohibited unless approved in
writing.

§ 10 Confidentiality

Both parties shall keep all business-related, strategic, financial, and technical information strictly
confidential—without time limitation.

This includes:

  • data, models, architectures, and workflows
  • process documentation
  • business strategies
  • market analyses
  • internal decisions and roadmaps

The confidentiality obligation survives termination of the contract.

§ 11 Liability

QP is liable:

  • for intent and gross negligence without limitation,
  • for slight negligence only for breach of essential contractual obligations, limited to the foreseeable, typical
    damage.

Liability for indirect damages, consequential damages, lost profits, or business interruption is excluded unless
caused by intent.

§ 12 Data Protection

QP processes personal data exclusively in accordance with the GDPR. The applicable privacy policy is available on our
website.

§ 13 Internationalisation & Market Entry – Liability Clarification

QP provides strategic advice but does not provide:

  • legal advice
  • tax advice
  • employment law guidance
  • regulatory or compliance warranties
  • guarantees for governmental approvals

The customer is responsible for obtaining local legal or tax advice.

§ 14 Governing Law, Jurisdiction

German law applies. Exclusive place of jurisdiction for merchants is the registered office of QP – Business & IT Solutions.

§ 15 Severability Clause

Should any provision be invalid, the remaining provisions remain in force. Invalid provisions shall be replaced with
those that best reflect the parties’ commercial intent.

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