Legal
Terms & Conditions
Master Terms of Asghar Consultants e.K. (AsgCon)
1. Scope and Service Portfolio
1.1 These General Terms and Conditions (“Master Terms”) apply to contracts between Asghar Consultants e.K., Rondenbarg 11-17 (Haus 1), 22525 Hamburg, hereinafter “AsgCon”, and its customers, clients, participants, contractual partners or other recipients of services, unless different or supplementary terms have been agreed for the respective service.
1.2 AsgCon provides services in particular in the following areas:
- education, continuing education, coaching and courses,
- training preparation and vocational qualification,
- job placement, personnel placement and recruiting,
- international personnel and skilled worker placement,
- consulting, training and qualification,
- B2B cooperations and education partnerships,
- freelancer and project services,
- IT, software and digitalisation services,
- software products and digital products,
- maintenance, support and technical services,
- managed services, and
- other related services.
1.3 Additional special terms and conditions apply to certain service areas. These specify the general provisions of these Master Terms and form part of the respective contract to the extent that they have been validly incorporated.
Special terms and conditions:
- Part A – Recruitment & Placement
- Part B – Education, Training, Coaching & Courses
- Part C – Software, SaaS & Digital Products
- Part D – B2B Cooperations, Educational Partnerships, Consulting, Training, Freelancers & Projects
- Part E – Maintenance, Support, Technical Services & Managed Services
1.4 Individual agreements with the respective contractual partner take precedence over these Master Terms.
2. Conclusion of Contract
2.1 Descriptions of services on the website, in information materials, presentations, portals or other media generally do not yet constitute a binding contractual offer, unless they are expressly designated as a binding offer.
2.2 A contract is concluded by offer and acceptance, by an express order confirmation or – where provided for – by electronic booking or confirmation of the respective order or registration process.
2.3 AsgCon may make the conclusion of a contract conditional on the submission of required documents, evidence, approvals, funding commitments or other prerequisites.
2.4 For services that require funding or cost coverage by public bodies, there is no entitlement to approval of the funding. The funding decision rests exclusively with the competent body in each case.
2.5 Special statutory formal requirements apply to individual service areas. These take precedence over general provisions on electronic or other forms of concluding a contract.
This applies in particular to statutory formal requirements in the field of private employment placement.
3. Services and Scope of Services
3.1 The nature and scope of the services owed by AsgCon result from the respective contract, offer, order, service description or other individual agreement.
3.2 Services that have not been expressly agreed are not part of the contract.
3.3 Additional services may be commissioned and remunerated separately following prior agreement.
3.4 AsgCon is entitled to use suitable employees, freelancers, subcontractors or other service partners to perform its services, provided that the legitimate interests of the customer are not adversely affected.
3.5 The proper performance of a service may depend on acts of cooperation by the customer, participant, client or other persons involved.
Delays attributable to missing, late or insufficient cooperation shall not be borne by AsgCon, provided that AsgCon is not responsible for the delay.
4. Prices and Payment Terms
4.1 The respectively agreed prices result from the offer, contract, order, booking or the respective price list.
4.2 All prices are – unless otherwise stated – exclusive of the applicable statutory value added tax.
Where a service is provided exempt from value added tax or not subject to value added tax by virtue of statutory provisions, this will be indicated accordingly.
4.3 Payments are to be made without deduction within the agreed payment period.
4.4 In the event of default in payment, the statutory provisions apply. In particular, AsgCon is entitled to claim statutory default interest and further default costs permitted by law.
In transactions between businesses, the statutory flat-rate default fee under Section 288 (5) BGB may be claimed, provided that its requirements are met.
4.5 For certain services, AsgCon may agree on advance payments, partial payments or instalment payments.
4.6 Set-off is only permitted with undisputed claims or claims that have been finally established by a court, insofar as permitted by law.
A right of retention may only be exercised with respect to claims arising from the same contractual relationship and to the extent permitted by law.
5. Cancellation (Stornierung), Termination, Withdrawal and Right of Cancellation (Widerruf)
5.1 For cancellations, terminations, withdrawals and other forms of ending a contract, the statutory provisions apply first, as well as the provisions set out in the respective contract and in the relevant special terms and conditions.
5.2 Where a statutory right of cancellation (Widerrufsrecht) exists for consumers, the statutory provisions provided for this purpose apply.
The corresponding information is provided in a separate cancellation policy (Widerrufsbelehrung).
→ Cancellation policy (Widerrufsbelehrung)
→ Model cancellation form
5.3 If, at the express request of a consumer, AsgCon begins performing the service before the cancellation period (Widerrufsfrist) has expired, the statutory requirements for early commencement of performance apply.
5.4 Supplementary statutory provisions may apply to digital products and digital services.
5.5 Services that have already been properly rendered are to be remunerated in accordance with the applicable statutory and contractual provisions, irrespective of any later termination of the contract, insofar as remuneration is owed for them.
5.6 Special cancellation, termination or withdrawal provisions may apply to individual service areas.
These result in particular from:
- Part A – Recruitment & Placement
- Part B – Education, Training, Coaching & Courses
- Part C – Software, SaaS & Digital Products
- Part D – B2B Cooperations, Educational Partnerships, Consulting, Training, Freelancers & Projects
- Part E – Maintenance, Support, Technical Services & Managed Services
The special terms and conditions apply only to the extent that they have been validly incorporated into the respective contract. In the event of conflicts, the order of precedence set out in Section 10 applies.
6. Liability
6.1 AsgCon is liable without limitation for damages caused by intentional or grossly negligent conduct.
6.2 Liability for damages resulting from injury to life, body or health remains unlimited.
6.3 Liability under mandatory statutory provisions remains unaffected.
6.4 In the event of a slightly negligent breach of essential contractual obligations, AsgCon is liable – insofar as permitted by law – only for foreseeable damage typical for this type of contract.
6.5 In the event of a slightly negligent breach of non-essential contractual obligations, AsgCon is liable only insofar as such liability is mandatorily provided for by law.
6.6 AsgCon generally does not guarantee that specific economic, professional, personal, technical or other results will be achieved.
This applies in particular to:
- application and placement results,
- funding decisions,
- decisions by authorities,
- visa and entry decisions,
- examination and learning results,
- business developments,
- technical availability of third parties, and
- other decisions or developments that are beyond the sphere of influence of AsgCon.
6.7 In the case of digital services, software, platforms and SaaS offerings, technically induced interruptions, maintenance periods or restrictions may occur. Details result from the respective contract and the special terms and conditions.
6.8 Insofar as a service depends on information, documents or acts of cooperation by the customer, AsgCon is not liable for resulting delays or errors, provided that AsgCon is not responsible for them.
6.9 Information, recommendations and consulting services provided by AsgCon do not replace legal, tax or other professional advice reserved by law, unless such advice has been expressly agreed as a corresponding service.
7. Software, Digital Products and Rights of Use
7.1 For software, SaaS services, digital products and custom software development, the special provisions of Part C – Software, SaaS & Digital Products apply in addition.
7.2 The nature and scope of the rights of use granted are governed by the respective contract.
7.3 Unless expressly agreed otherwise, the provision or use of software does not transfer any further rights to the source code, reusable software components, frameworks, libraries, methods or other technical elements.
7.4 For open-source components and third-party software, their respective licence terms apply in addition.
7.5 The customer’s mandatory statutory rights remain unaffected.
8. Confidentiality and Data Protection
8.1 The contracting parties shall treat confidential information that becomes known to them in the course of the cooperation as confidential and shall in principle use it only for the agreed purposes.
8.2 Information is not deemed confidential if it
- is already publicly known,
- becomes publicly known without a breach of contract,
- was demonstrably already known to the recipient, or
- must be disclosed due to statutory obligations.
8.3 Personal data is processed in accordance with the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
8.4 Where AsgCon processes personal data on behalf of a contractual partner and the statutory requirements are met, a data processing agreement pursuant to Art. 28 GDPR will be concluded.
8.5 Where employees, freelancers, subcontractors or other partners are used to perform the services, they will be bound to confidentiality and data protection in accordance with the statutory requirements.
8.6 Personal data may be transmitted, within the scope of the respective service, to bodies, service providers or contractual partners that are required for this purpose, insofar as a legal basis exists.
For international data transfers, the statutory requirements apply, in particular Art. 44 et seq. GDPR.
8.7 Details on the processing of personal data can be found in our Privacy Policy and – where relevant – in supplementary data protection agreements.
9. Final Provisions
9.1 Amendments and supplements to a contract should in principle be made in text form, unless a stricter form is prescribed by law.
Individually negotiated agreements remain unaffected by this.
9.2 AsgCon may amend these Master Terms for future contractual relationships, in particular where legal, technical or organisational changes make this necessary.
For existing contracts, amendments apply only insofar as they have been validly agreed or incorporated in a manner permitted by law.
9.3 The contract language is generally German, unless another language has been agreed in the respective contract.
9.4 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), insofar as permitted by law.
9.5 If the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of AsgCon is – insofar as permitted by law – the place of jurisdiction for all disputes arising from the contractual relationship.
9.6 Should any provision of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The statutory provisions shall take the place of the invalid provision.
10. Relationship to the Special Terms and Conditions
10.1 These Master Terms form the general legal framework for the business relationships of AsgCon.
10.2 For certain service areas, the respectively relevant special terms and conditions apply in addition.
10.3 In the event of conflicts, the following order of precedence applies:
- individually negotiated contract
- individual offer / order / project description
- validly incorporated special terms and conditions
- Master Terms
Mandatory statutory provisions take precedence over all contractual provisions.
10.4 The special terms and conditions are authoritative only for the service concerned in each case.
This keeps the terms modular, so that new service areas can be added without the existing terms having to be completely restructured.
Special Terms and Conditions
| Service area | Document |
|---|---|
| Recruitment & Placement | Part A |
| Education, Training, Coaching & Courses | Part B |
| Software, SaaS & Digital Products | Part C |
| B2B Cooperations, Educational Partnerships, Consulting, Training, Freelancers & Projects | Part D |
| Maintenance, Support, Technical Services & Managed Services | Part E |
Legal Documents
Legal Notice · Privacy Policy · Cookie Policy · Cancellation policy (Widerrufsbelehrung) · Model cancellation form
Last updated: 28 September 2026. This English version is provided for convenience; the German version (AGB) is authoritative.