For the execution of the order and our responsibility and liability, a liability limitation in the amount of our pecuniary loss liability in the amount of € 4 million based on the General Insurance Conditions shall apply, also about third parties for orders of this type. Otherwise, the damage is limited to the amount of the order sum. If you do not agree to the envisaged limitation of liability, please inform us of the increase in the maximum liability sum that you wish. We will then endeavour to insure the higher maximum liability amount additionally. We will additionally charge the costs of the higher insurance as expenses. Please note that the increase of the maximum liability amount will only be applied if we accept your proposal to increase the maximum liability amount in writing. The provisions on liability set out in this order agreement, as well as the other provisions of the General Terms and Conditions for Orders, shall also apply to all other orders placed by you in the future unless separate agreements are made in each case or unless domestic or foreign statutory or official requirements that are binding for our conflict with individual provisions in your favour.
Involvement of members of the IAP network
We are entitled to use the services of third parties, in particular members of the IAP network, for the execution of the order, if necessary. In this case, these act as our vicarious agents and not as partners, agents or representatives of another. IAP GmbH assumes liability for the actions of these third parties as if they were employees of IAP GmbH in all respects. The disadvantage of third parties and their employees is thus excluded to the extent permitted by law. By concluding the contract, you agree to assert all claims arising from our contractual relationship exclusively against IAP GmbH.
You further agree not to bring any legal proceedings against a third party, its partners, or employees in any jurisdiction in connection with or to arise directly from our contractual relationship.
We shall only be liable for verbal information and advice if we confirm it in writing with our original signature.
Sharing our Report
Our report and all other statements are intended for your information only and may not be used for any other purpose. Disclosure of the report to third parties requested by you is possible in individual cases if we reach a separate agreement with the third party in this regard.
Electronic data transmission (e-mail)
We assume you agree that we may store order-related information and data in electronically managed files to organise internal processes effectively. The sending of information and documents by electronic means (in particular by e-mail) is fraught with risks. Given the forms of communication commonly used today, you declare your consent, in full knowledge of these risks, that information and documents may be sent to you and third parties involved by electronic means. We accept no liability for any damage caused to you or third parties due to such transmission. This does not apply in the case of intent or gross negligence.
Any modification of the documents sent by us electronically and any forwarding of such documents electronically to third parties may only take place with our written consent.
We collect, store, and process both your personal and company-related data to fulfil our mandate, perform our professional duties, avoid conflicts of interest and ensure our independence, as well as for the introduction and implementation of uniform performance recording and verification systems. In this context, data may be exchanged between consultants and third parties. It goes without saying that the collection, storage, processing and transmission of your data is carried out in compliance with the applicable German and European data protection laws and, where necessary, only with your consent.
Applicable law / place of jurisdiction
The professional principles developed and adopted by the relevant German professional organisations (Wirtschaftsprüferkammer, Institut der Wirtschaftsprüfer e.V., ISACA (Information Systems Audit and Control Association)) are decisive for the performance of the engagement insofar as they apply to the engagement in the individual case.
German law shall apply to the mutual claims arising from this engagement.
Berlin, Germany, is the place of performance and jurisdiction for all legal disputes against us. The place of jurisdiction for all legal disputes by us against our client is Berlin.