Scope of Application

These terms and conditions apply to all of our services that are performed and offered in the course of a contractual relationship existing between you as a customer and GST Network AG (GST Network) (hereinafter also referred to as "Order").

Data protection

We take data protection very seriously. In the course of fulfilling our contractual obligations and in the course of correspondence with you, we collect and process personal data. The data processing of personal data carried out by us is carried out in compliance with the General Data Protection Regulation (EU) 2016/679 and the national data protection legislation (Data Protection Act, Data Protection Ordinance as well as data protection provisions explicitly stated in secondary legislation as amended).

Therefore, when placing an order, you expressly agree that we may process, transfer or transmit the personal data concerning you and/or your company (within the meaning of the applicable data protection legislation) to the extent that this appears necessary and expedient for the performance of the tasks assigned to us by you or results from our legal obligations.

The relevant data protection information can be found in the form of a data protection declaration on the GST Network website. This privacy statement forms an integral part of these terms and conditions.

In most cases, GST Network acts as a processor. In this context, GST Network prepares the required documentation or endeavors to prepare the necessary documents with the responsible party within a reasonable period of time.

Order and power of attorney

We carry out our assignment within the framework of and on the basis of a separately prepared consulting agreement. The present General Terms and Conditions shall be considered as an integral part of the consulting contract drawn up by us. The powers of attorney and duties granted by the client for the order are written down in the consulting contract in a legally binding manner.

Your duties to inform and cooperate

After placing the order, you are obliged to inform us immediately of all information and facts that could be of importance in connection with the execution of the order and to make all necessary documents available to us.

During the existence of the order, you are obliged to inform us of all changed or newly occurring circumstances that could be of importance in connection with the execution of the order immediately after they become known.

When fulfilling obligations in connection with data protection law, we may rely on the documents you have obtained. You are obliged to provide us with all information and documents necessary for our performance of the order without delay.
 

Entitlement to remuneration

Unless otherwise agreed with the customer, we are entitled to a reasonable time fee, which is calculated according to the risk associated with the order.

If a lump sum fee is agreed upon, an advance payment of 40% of the order amount is to be reimbursed, unless the consulting agreement provides otherwise.

Value added tax at the statutory rate, necessary and reasonable expenses (e.g. travel expenses, telephone, fax, copies) as well as cash expenses paid on your behalf shall be added to the fee due to us / agreed with us.

You acknowledge that any estimate made by us of the amount of the fee likely to be incurred, which is not expressly designated as binding, is non-binding and is not to be regarded as a binding cost estimate), because the extent of the services to be provided by us cannot, by their nature, be reliably assessed in advance.

We are entitled at any time, but in any case on a quarterly basis, to submit invoices and to demand advances on costs. In the absence of an agreement to the contrary, the accrued fees will be invoiced on a monthly basis or if CHF 3,000.00 is exceeded.

If you qualify as an entrepreneur within the meaning of the KSchG, an invoice sent to you and duly itemized shall be deemed approved if and to the extent that you do not object in writing within 10 days (receipt by us is decisive) of receipt.

If you are in default of payment of all or part of the invoice, you shall owe us default interest at the statutory rate. Any further legal claims shall remain unaffected.

Cash outlays, materials and expenses (e.g. due to purchased third-party services) may, unless the consulting agreement contains a deviating provision, be passed on to you for direct payment at our discretion.

If an order is placed by several clients, they are jointly and severally liable for all claims arising therefrom.

Avoidance of conflicts of interest

On the basis of the information provided to us by you, we have tried to check to the best of our knowledge and belief whether the order to be placed could result in a conflict of interest. Should a conflict of interest become apparent in the course of the business relationship due to further circumstances, we will endeavor to find a mutually acceptable and justifiable solution. However, if the mandate awarded to us must nevertheless be terminated due to the identified conflict of interest, our claim for the fees and expenses incurred up to the termination of the mandate shall remain unaffected.
 

Our liability

Our liability, for the damages for which we are responsible, is limited to the amount of the fees that you have paid to us. In any case, GST Network's liability is limited to the amount covered and paid by our professional liability insurance, up to the maximum insured amount.

Liability for negligence is excluded against entrepreneurs.

Liability for slight negligence is excluded towards consumers.

Liability for intent remains unaffected. If the liability of GST Network is excluded or limited, this also applies to the personal liability of its employees and agents.

We are not liable for actions taken on the basis of incomplete, misleading, deceptive or incorrect information provided by you or documents provided to us.

We shall be liable for third parties (in particular external experts, consultants, etc.), who are neither employees nor shareholders acting in any other capacity, commissioned with individual partial services within the framework of the provision of services, insofar as they were commissioned by us without your consent, only in the event of fault in selection. If you have commissioned more than one person in the same matter, we are not liable for damages caused by your other representatives or consultants. We are not liable to third parties.

Limitation / Preclusion

Unless a shorter period of limitation or preclusion applies by law, all claims against us shall expire for you as an entrepreneur within the meaning of the Austrian Consumer Protection Act (KSchG) if they are not asserted by you in court within six months of the time at which you became aware of the damage and the person causing the damage or of the event otherwise giving rise to the claim, but at the latest after the expiry of five years after the conduct (infringement) causing the damage (giving rise to the claim).

For you as a consumer within the meaning of the Consumer Protection Act (KSchG), all claims, but not warranty claims, against us shall expire if they are not asserted by you in court within one year from the time at which you became aware of the damage and the person of the damaging party or of the event otherwise giving rise to the claim, but at the latest after the expiry of five years after the conduct causing the damage (giving rise to the claim) (infringement).

Termination of the mandate

The awarded mandate may be terminated by you or us at any time without notice and without giving reasons, unless otherwise agreed in the consulting contract. Our fee claim remains unaffected by this.

After termination of the order, we are not obliged to inform you of a specific deadline by which you must do or refrain from doing something in order to preserve a claim or right.

Retention of documents

We are required by law to retain records as of the termination of the engagement and to provide you with copies as needed during that time.

GST Network shall return documents in original upon request after termination of the contractual relationship. GST Network is entitled to retain copies of these documents as long as this is required by contractual or legal obligations.

Choice of law and place of jurisdiction

The Terms and Conditions and the contractual relationship governed by them shall be governed by Liechtenstein law to the exclusion of the provisions of international private law, unless this conflicts with mandatory consumer protection provisions of the Member State in which you as a consumer have your principal place of residence.

For legal disputes arising from or in connection with the contractual relationship governed by the Terms and Conditions, including disputes about its validity, the jurisdiction of the competent court at our registered office is agreed, unless this conflicts with mandatory law.

GST Network reserves the right to assert claims against you at your regular place of jurisdiction as well as at any other competent court.
 

Severability clause

The invalidity of individual provisions of these General Terms and Conditions or of the contractual relationships regulated hereby shall not affect the validity of the remaining agreements. The contracting parties undertake to replace ineffective provisions with a provision that comes as close as possible to the economic result of the ineffective provision.

Communication

Our declarations to you shall in any case be deemed to have been received if they are sent to the address provided by you when the mandate was granted or to the changed address subsequently communicated to us in writing. However, unless otherwise agreed, we may correspond with you in any manner we deem appropriate.

Declarations to be made in writing in accordance with these Terms and Conditions of Contract may also be made by fax or e-mail, unless otherwise specified.

In the absence of written instructions to the contrary, we shall be entitled to conduct e-mail correspondence with you in non-encrypted form. You declare that you have been informed about the associated risks (in particular access, confidentiality, alteration of messages in the course of transmission) and that you are aware of these risks and agree that e-mail communication is not carried out in encrypted form.
 

Right of withdrawal and consequences of withdrawal

You as a consumer have the right to revoke this contract within 14 days without giving any reason if it was concluded at a distance. The revocation period is 14 days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform GST Network of your decision to withdraw from this contract by means of a clear statement (e.g. letter or e-mail). You can use the attached sample "cancellation form" for this purpose. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract. Reasonableness of the amount shall be understood to be that remuneration which has been agreed with you and which has already been incurred for services rendered.

If you exercise your right of withdrawal, we will not continue to work for you.

GST Network AG
Buchenweg 6
FL-9490 Vaduz
+423 235 50 24
info@gst-network.com

Sample cancellation form

If you wish to revoke the contract, please fill out this form and return it to us.

I hereby revoke the contract concluded by me for the provision of the commissioned services:

Commissioned on ..............................................

Your name ..............................................

Your address ..............................................

Date ..............................................

Your signature ..............................................