 the products or materials supplied by the Client in connection with the Project.
6.3 The Client warrants that the supply of all information and materials by it in connection with the Project do not infringe any third party rights, and agrees to fully and effectually indemnify Innovate Solutions against all and any liabilities, losses, damages, claims, costs, charges or expenses suffered or incurred by Innovate Solutions arising directly or indirectly from any such infringement.
6.4 Upon receiving prompt notice from Client that any of Company’s services or deliverables are defective or incomplete, Company will re-perform the work to the extent that it is defective or incomplete. Company will have no liability for any business losses of Client (including without limitation loss of revenue, profit or goodwill), or for any other indirect, incidental, special or consequential damages, whether attributable to defective or incomplete work or otherwise, and whether arising out of contract, tort or otherwise, even if Company had been advised of the possibility of such losses. In any event, save that no liability is limited or excluded for death personal injury or fraud, Company’s maximum monetary liability in connection with the performance of the work or any other matter relating to Company’s undertakings with Client will be the return to Client of sums previously paid to Company by Client on the project out of which Client’s claim arose.
6.5 Innovate Solutions shall indemnify the Client against death, injury or loss of or damage to any property which may arise out of the wrongful act, default or negligence of Innovate Solutions, its employees, sub-contractors, or agents in the performance of the Project and against all claims, demands, proceedings, damages, costs, charges and expenses whatsoever in respect thereof, or in relation thereto, provided that Innovate Solutions shall not be liable for nor be required to indemnify the Client in regard to any injury, loss or damage to the extent Innovate Solutions Standard Conditions of Business 2021 that such injury, loss or damage is caused by the wrongful act, default or negligence on the part of the Client or its employees, agents or sub-contractors.
6.6 All other warranties, conditions or terms relating to fitness for purpose, quality or condition of the service provided by Innovate Solutions under the Project, whether expressed or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by law.
7.1 Except as permitted by clause 7.2, each party undertakes that it will not at any time divulge or communicate to any person, any confidential information concerning the Project or the business or affairs of the other party or of any member of the group of companies to which the other party belongs. No party shall use any other party’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with a Project or these conditions.
7.3 Each party reserves all rights in its confidential information. No rights or obligations in respect of a party’s confidential information, other than those expressly stated in a Proposal or these conditions, are granted to the other party, or are to be implied from the agreement.
7.4 Where material has been provided by the Client in connection with the Project, the material will only be used in the Project and any excess shall be destroyed by Innovate Solutions 28 days after the date of the final invoice, unless otherwise agreed in writing by the parties. In the event that the Client requests the return of such materials this shall be at the cost and at the risk of the Client.
7.5 Except as otherwise set out in a Proposal, Innovate Solutions or its licensors retain ownership and reserve all rights in any data and report contents, including any rights in photography, filming or audio or visual content, produced in connection with a Project (collectively the “Content”). Innovate Solutions grants the Client a non-exclusive worldwide licence to use the Content for the purposes of receiving and using the Project results for its internal business purposes only. The Client may only publish or share the Project results and Content with Innovate Solution’s prior consent and no report or information or extract therefrom shall be used to endorse or imply approval of any product or process of the Client or the use or proposed use of any such product or process of the Client. Any extract from the information or report shall be such as to give a true and fair view of the results as a whole.
7.8 Innovate Solutions shall be the controller of personal data processed in connection with a Project.
7.7 In the event the Client provides personal data to Innovate Solutions for use in connection with a Project, the Proposal will identify the types of personal data, the purposes of processing and whether Innovate Solutions is controller or processor of the client provided personal data. In the event that Innovate Solutions acts as a processor of client personal data, the parties will enter a separate data processing agreement.
7.8 Innovate Solutions will not incorporate personal data in Content, a report or other Project results made available to the Client except as agreed in a Proposal, in which case the Proposal will identify the types of personal data and the purposes for which the personal data is transferred. Innovate Solutions shall transfer such personal data to the Client on a controller to controller basis and the Client shall thereafter only use the Personal Data for the purposes set out in the Proposal and otherwise comply with its obligations under Data Protection Laws in respect of such personal data. The parties each agree to provide such assistance as is reasonably required to enable the other party to comply with requests from data subjects to exercise their rights under the Data Protection Laws within the time limits imposed by the Data Protection Laws in respect of any transferred personal data.
8.1 The Client may by notice in writing to Innovate Solutions request the termination of the Project prior to its completion and on receipt of such request Innovate Solutions shall as expeditiously as possible cease all work on the Project.
8.2 Should Innovate Solutions be prevented from commencing or continuing to carry out the Project for a continuous period of at least 4 weeks by reason of any event beyond the reasonable control of Innovate Solutions either party shall be entitled to terminate the Project by giving written notice of such termination to the other party.
8.3 On termination of the Project under clauses 8.1. or 8.2 above, all unpaid invoices shall become immediately due and payable and Innovate Solutions shall issue to the Client a final invoice for all charges not yet invoiced together with all costs and expenses associated with the early termination of the Project.
9.1 Any notice required to be given by either party under these conditions shall be given by email, or via the registered post. If given by email, service shall be deemed to have been made 1 hour after the time the email is sent; if given by post, notice shall be deemed to be served 48 hours after posting unless the contrary shall be shown.
9.2 These conditions and the terms specified in the ‘Commissioning’ are the entire agreement between the parties relating to the Project and supersede all prior agreements which in any way relate thereto.
9.3 If any difference arises between the parties relating to the Project or any of the Conditions such differences shall be referred to a single arbitrator agreed between the parties or (in the event of the parties being unable to agree) to an arbitrator appointed by the Chairman for the time being of the Market Research Society on the application of the first party to apply, and such arbitrator’s decision shall be final and conclusive and binding on the parties. The cost of the arbitrator shall be as the arbitrator shall award.
9.4 These conditions are governed by and construed in accordance with the laws of Ireland. The parties agree to submit to the jurisdiction of the Courts of Ireland and the Client agrees to appoint an agent for service of process within the jurisdiction of the Courts of Ireland on being requested to do so by Innovate Solutions.
9.5 The rights of any third parties under the Contracts (Rights of Third Parties) Act (Ireland) are hereby excluded.
9.6 The Client shall not procure or attempt to procure or solicit the independent services of or seek to employ any employee of Innovate Solutions or former employee of Innovate Solutions for a period of two years from the date of commencement of the Project.A woman who has a bad reputation and behaves badly claimed that she was pregnant from a friend of mine that she was pregnant. He is married with a young daughter and he swears that he has never had intercourse with her, although something happened between them, but it did not reach the level of intercourse. But she insisted that he was the father of the child in her womb. The solution was that she went to a doctor to abort the child, and because he was afraid of exposure and embarrassment that this woman could cause – because he is married and has a daughter, as I said – he paid for the abortion expenses. It turned out that she was pregnant with a child whose age was six days shy of three months. He deeply regrets what he did, and paying for the expenses of aborting a child whose conception he had nothing to do with.
My question is:
What is the Islamic ruling on this action? How can he repent from this deed? Is he regarded as a partner in the killing? How can he repent sincerely to Allaah from what happened? What should he have done, according to sharee’ah, when this girl claimed that he was the father of the child in her womb? I would like an answer soon. May Allaah reward you with good.
Firstly:
Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)”
[al-Talaaq 65:2]
Your friend did not fear Allaah, so He did not grant him a way out.