These Terms and Conditions (“Terms”) govern your use of the website located at https://awaisbhatti.com(“Site”) and any consulting or professional services (“Services”) provided by Awais Bhatti, an individual operating from Berlin, Germany (“Consultant”, “I”, “me”). By accessing the Site or engaging the Services, you (“Client”, “you”) accept these Terms in full. If you do not accept these Terms, you must not use the Site or engage the Services.
1. Services
I provide marketing consulting services including but not limited to: fractional marketing leadership, go-to-market strategy, performance marketing, search engine optimisation, email marketing, marketing automation, and AI-powered marketing consulting (collectively, the “Services”).
The specific scope, deliverables, timeline, and fees for any engagement shall be set out in a separate written proposal, statement of work, or engagement letter (“Engagement Agreement”) agreed between the parties. In the event of conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall prevail.
I reserve the right to decline any engagement at my sole discretion without obligation to provide reasons.
2. Engagement and Obligations
Each engagement commences upon written confirmation by both parties and receipt of any applicable deposit. I shall perform the Services with reasonable care, skill, and diligence consistent with accepted professional standards in the marketing industry.
You agree to: (a) provide accurate and complete information necessary for me to perform the Services; (b) make decisions and approvals within agreed timeframes; (c) ensure I have access to relevant platforms, accounts, and personnel; and (d) designate a primary point of contact with sufficient authority to give instructions.
Delays caused by your failure to provide required information, access, or approvals may result in timeline adjustments and additional fees, which I will communicate in writing before incurring them.
3. Fees, Payment, and Expenses
Fees are as stated in the applicable Engagement Agreement. Unless otherwise agreed, invoices are payable within fourteen (14) days of the invoice date. Payment shall be made by bank transfer or such other method as agreed.
Late payments accrue interest at a rate of 8% per annum above the European Central Bank base rate from the due date until the date of actual payment, as permitted under applicable law.
All fees are exclusive of value added tax (VAT) or any other applicable taxes, which shall be added at the prevailing rate where required by law.
Pre-approved out-of-pocket expenses (travel, accommodation, third-party tools or subscriptions) are reimbursable at cost with supporting receipts.
I reserve the right to suspend Services if an invoice remains unpaid beyond 30 days of the due date, without prejudice to any other rights or remedies.
4. Intellectual Property
Your materials: All materials, data, brand assets, and information you provide remain your sole property. You grant me a limited, non-exclusive licence to use them solely for the purpose of delivering the Services.
Deliverables: Upon full payment of all fees due, ownership of bespoke deliverables created specifically for your engagement transfers to you, except as set out below.
Background IP: I retain all rights to pre-existing methodologies, frameworks, processes, templates, tools, know-how, and general marketing expertise (“Background IP”). Nothing in these Terms transfers Background IP to you. Where deliverables incorporate Background IP, I grant you a non-exclusive, perpetual, royalty-free licence to use that Background IP solely as incorporated in the deliverables.
Case studies: I may reference the nature of our engagement and general outcomes as a case study or in a portfolio context, unless you request otherwise in writing prior to commencement.
5. Confidentiality
Each party agrees to keep confidential all non-public information received from the other party in connection with the engagement (“Confidential Information”), and not to disclose it to third parties without prior written consent, except: (a) as required by law or regulatory authority; (b) to professional advisors bound by equivalent confidentiality obligations; or (c) information that is or becomes publicly available through no breach of this clause.
This obligation survives termination of the engagement for a period of three (3) years.
6. Data Protection
Each party shall comply with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and any national implementing legislation.
Where I process personal data on your behalf as a data processor, the parties shall enter into a separate Data Processing Agreement (“DPA”) as required by Art. 28 GDPR. The processing of personal data through this Site is governed by the Privacy Policy.
7. Representations and Warranties
You represent and warrant that: (a) you have the authority to enter into this agreement and to grant the licences contained herein; (b) your materials do not infringe the intellectual property or other rights of any third party; and (c) your use of the Services will comply with all applicable laws and regulations.
I warrant that the Services will be performed with reasonable care and skill. I do not warrant that the Services will achieve any particular business result, revenue target, or metric. Marketing outcomes depend on factors outside my control including market conditions, platform algorithm changes, and your own business decisions.
8. Limitation of Liability
Nothing in these Terms limits or excludes liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be limited or excluded by applicable law.
Subject to the above, my total aggregate liability to you in connection with any engagement, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by you to me in the three (3) months preceding the event giving rise to the claim.
I shall not be liable for any indirect, consequential, special, or punitive loss or damage, loss of profit, loss of revenue, loss of business, loss of data, or loss of goodwill, whether or not such loss was foreseeable or I had been advised of its possibility.
9. Indemnification
You agree to indemnify, defend, and hold harmless Awais Bhatti from and against any claims, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your infringement of any third-party rights; (c) your violation of applicable law; or (d) your use of the Services in a manner not authorised by these Terms.
10. Termination
Either party may terminate an engagement by giving written notice as specified in the applicable Engagement Agreement. Where no notice period is specified, 30 days written notice applies.
Either party may terminate immediately by written notice if the other party: (a) commits a material breach and fails to remedy it within 14 days of written notice; (b) becomes insolvent or enters administration or liquidation; or (c) engages in conduct that a reasonable person would consider unlawful, unethical, or seriously reputationally harmful.
On termination, you shall pay all fees for Services rendered up to the date of termination plus any agreed cancellation fee. I shall deliver all completed or partially completed deliverables to you upon receipt of payment.
11. Force Majeure
Neither party shall be liable for delay or failure to perform obligations to the extent caused by circumstances beyond their reasonable control, including natural disasters, pandemics, government actions, war, civil unrest, or failures of third-party infrastructure. The affected party shall notify the other promptly and use reasonable efforts to resume performance.
12. Independent Contractor
I am an independent contractor. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency between the parties. I am responsible for my own taxes, insurance, and social security contributions.
13. Website Use
This Site is provided for informational purposes. You may not use the Site to: (a) transmit any unlawful, harmful, or objectionable content; (b) attempt to gain unauthorised access to any system; (c) scrape, harvest, or extract data without permission; or (d) distribute malware or other harmful code.
The Site is provided “as is”. I make no warranty that the Site will be available, error-free, or free from viruses or other harmful components. I may modify, suspend, or discontinue the Site at any time without notice.
14. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding its conflict-of-law provisions.
If you are a consumer within the EU, you may also benefit from any mandatory protective provisions of the law of your country of residence. Nothing in these Terms affects your rights as a consumer.
The courts of Berlin, Germany shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms, subject to any mandatory jurisdiction rules that apply to consumers.
15. Dispute Resolution
Before commencing formal legal proceedings, both parties agree to attempt to resolve disputes in good faith through direct negotiation. Either party may initiate this process by serving written notice describing the nature of the dispute and the resolution sought. The parties shall meet (in person or virtually) within 14 days of such notice.
If the dispute is not resolved within 30 days of the notice, either party may pursue available legal remedies.
The European Commission provides an online dispute resolution platform for consumers at ec.europa.eu/consumers/odr. I am not obligated to participate in alternative dispute resolution proceedings.
16. Amendments
I reserve the right to update these Terms at any time. The revised Terms will be posted on this page with an updated date. Continued use of the Site or Services after the revision date constitutes acceptance of the updated Terms. For ongoing engagements, material changes to Terms that affect your rights will be communicated with at least 14 days' notice.
17. Severability and Waiver
If any provision of these Terms is found to be unenforceable or invalid, it shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed without affecting the enforceability of the remaining provisions.
Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce it in the future.
18. Entire Agreement
These Terms, together with any applicable Engagement Agreement and Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.
19. Contact
For questions regarding these Terms, please contact:
Awais BhattiBerlin, Germany
awaisbhatti01@icloud.com
These Terms are written in English. In the event of any inconsistency between a translated version and the English version, the English version shall prevail.