1. Scope & Definition of Terms
1. For the business relationship between Paxxotec LTD., House of Francis, Room 303, Ile Du Port, Mahe, Seychelles, Company No. 230357 (abbreviated as "Provider") and the Customer (abbreviated as "Customer", together herein also referred to as "the Parties"), for the performance of services in the field of cryptocurrency consulting (abbreviated as "Services"), these General Terms and Conditions apply.2. Customers can be both consumers and entrepreneurs, but if an action takes place as an entrepreneur / trader, this must be declared.
3. Contradictory, deviating or supplementary general terms and conditions of the customer will only be made valid with the express consent of the provider. These General Terms and Conditions shall also apply if the Provider performs services without reservation in the knowledge of terms and conditions of the Customer that contradict or deviate from these General Terms and Conditions.
4. These terms & conditions shall also apply to all future service relationships between the Provider and the Customer (in connection with the offered subject matter of the service), without any express inclusion being required.
2. Subject of the Service
1. The provider offers services in the field of cryptocurrency consulting.2. As a rule, the content of the service offer is agreed by mutual consent within the framework of a prior initial consultation. Irrespective of this, the provider has the right to determine performance.
3. The individual, concretely owed services result from the individually concluded consulting contract between the parties.
4. Beyond the consulting contiguous with cryptocurrencies, no qualitative and / or quantitative success is owed to the customer. In view of the natural price fluctuations and the volatility of the cryptocurrency market, the customer can in particular also not be promised any financial success, however procured.
5. The advisory services of the Provider do not replace expert financial and/or investment advice. In particular, the advisory services of the Provider do not constitute the business of a financial services institution. Furthermore, the advisory service cannot replace legal or tax advice.
6. The Provider does not provide the Customer with any specific instructions for action (e.g. purchase recommendation / price forecast of certain cryptocurrencies or tokens).
7. Any information provided does not constitute a solicitation or an offer to acquire or purchase any particular cryptocurrency.
8. The provider is entitled to use third parties as auxiliary persons for the fulfillment of individual or all contractual obligations.
9. The Customer undertakes to perform the duties of cooperation necessary for the contractual performance and to provide the Provider with access to all requested information or documents necessary for the performance of the consulting services. In the event of a breach of this obligation by the Customer, the Provider shall be released from its obligation to perform.
3. Conclusion of Contract
1. The presentation of the services on the website does not constitute a binding offer by the provider to conclude a contract. The customer is merely invited to make an offer himself. In addition, the provider may also expressly make its own offer to the customer to conclude a contract.2. The declarations of the provider in the initial consultation do not yet constitute acceptance of a contract, unless otherwise agreed in the individual case. A conclusion of contract between the parties requires an declaration of acceptance, which is usually made by e-mail, but can also be made by telephone or in writing. If the contract is concluded by telephone, the customer, if a consumer, has no right to receive the contents of the contract again in writing from the provider, unless otherwise agreed.
3. The basis for the provision of services shall be exclusively the services specifically agreed upon in the contract.
4. Obligations of the Parties to Perform the Agreed Services
1. In general the Provider shall provide all contractually promised services only from the time of the conclusion of the contract.2. The Client shall ensure that the Provider has at its disposal at all times all the information necessary to achieve an optimal advisory result (e.g. the Client's previous experience with cryptocurrencies or investments already made).
3. The customer is obliged to cancel an agreed consulting appointment at least 2 days before the scheduled start. In this case, the provider is entitled to compensation for the costs already incurred. If the above-mentioned deadline is not met, the provider is entitled to compensation in the amount of 50% of the agreed remuneration.
4. The provider conducts meetings exclusively on digital, encrypted media (e.g. via Zoom, Teams, Skype).
5. Remuneration
1.The Provider shall generally invoice according to the effort of the consulting calculated in advance. The calculation of the expected effort is made to the best of the provider's knowledge and belief and is based on the provider's experience. For each hour started, the provider will generally charge a fee according to the price overview plus the statutory VAT. The estimated total remuneration is agreed between the parties as the minimum remuneration.2. As far as the actual expenditure does not exceed the underlying cost estimate by more than a small amount (< 5 %), the additional expenditure shall not be charged additionally. Otherwise, the Provider shall be entitled to invoice the additional work separately. If such an overrun is to be expected, the Provider shall inform the Customer thereof without delay. In this case, the further remuneration shall be calculated on the basis of the additional work actually incurred and the applicable price overview.
3. Unless otherwise contractually agreed in individual cases, additional costs (for example, but not limited to, expenses, meals, travel costs, etc.) shall be borne by the customer and are not included in the minimum remuneration.
4. The customer's obligation to pay also remains in force in cases where the service cannot be performed for a reason for which the customer is responsible. In this case, however, the provider must take into account any expenses saved or not incurred.
5. All payments to be made by the customer are due immediately upon signing the contract, and against proper invoicing within 7 days at the latest to a bank account to be named by the provider.
6. The Customer may only exercise its right of set-off or assert a right of retention against claims that have been determined by a court of law, are undisputed or have been acknowledged by the Provider as existing.
6. Compensation & Liability
1. The provider is liable, regardless of the legal grounds, within the framework of the statutory provisions only in accordance with the following lines.2. The Provider shall only be liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of the Provider or one of its legal representatives or vicarious agents. In addition, the Provider shall be liable, limited to compensation for the foreseeable damage typical for this type of contract, for such damage that is based on a slightly negligent breach of material contractual obligations by him or one of his legal representatives or vicarious agents. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
3. Liability for damages due to non-compliance with a guarantee given to the customer or due to a fraudulently concealed defect shall remain unaffected.
4. The Provider assumes no liability for any event over the outcome of which it has no control, in particular but not conclusively this includes a financial success in connection with the trading of cryptocurrencies.
5. The provider assumes no liability for faulty transfers of cryptocurrencies by/to the customer or the loss of keys, passwords, wallets, etc., unless the provider is responsible for the loss, misuse or access by third parties.
7. Secrecy & Data Protection
1. The processing of personal data for the fulfillment of the contractually agreed services is carried out in accordance with national and European data protection laws. Furthermore, data is only passed on to third parties in cases in which the customer has previously given his express consent to the passing on of data. For this purpose, the customer will be provided with a corresponding declaration of consent upon conclusion of the contract. For the rest, the provider refers to its data protection provisions.2. The contracting parties undertake to treat as confidential any information or documents from the other party's sphere that become known to them in the course of the performance of the contract and that are not in the public domain or generally accessible. This confidentiality obligation shall continue to exist after termination of the contractual relationship.
8. Rights transfer & reference use
1. Should intellectual property rights arise or have already arisen in connection with the performance of the contract, the use of the rights by the Customer is expressly subject to the prior written consent and/or licensing by the Provider.2. The Customer permits the Provider to use the contractual cooperation for the purpose of (self-) advertising, in particular but not conclusively on the website or social network profiles of the Provider ("testimonial use") to mention.
9. Right of Withdrawal
1. The right of withdrawal expires after the successful execution of the consulting service and the provision of the offered content, if and to the extent that the customer expressly agrees that he loses his right of withdrawal upon complete fulfillment of the contract by the entrepreneur and confirms this to the provider: "I expressly agree to the execution of the contract before the expiration of the withdrawal period. I have taken note that the right of withdrawal expires upon execution of the consulting service owed.".10. General Regulations
1. Place of performance is the Seychelles. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Seychelles.2. In case of unforeseen and unavoidable events of force majeure (especially in connection with the effects of COVID-19, e.g. illness or quarantine), the contracting parties shall be released from the performance obligations set forth herein, with the exception of the agreed remuneration, for the duration and to the extent of such event. In this case, however, the provider must take into account that which he saves as a result of the release from the obligation to perform or maliciously refrains from acquiring through other possible use of his labor. In this context, the contracting parties are obliged to provide each other with the necessary information as quickly as possible and to adjust their obligations to the respective conditions in good faith.
3. Ancillary agreements to these terms & conditions do not exist and must be made in writing in order to be effective in any case. This also applies to the amendment of this provision itself.
4. The possible invalidity or ineffectiveness of one or more provisions of these terms & conditions shall not affect the effectiveness of the remaining provisions. The parties undertake to replace the invalid provision with a corresponding valid provision that comes as close as possible to the intended provision in economic and legal terms.
5. The provider reserves the right to change these General Terms and Conditions for important reasons at any time, unless the change is not reasonable for the customer. Important reasons are, in particular, changes in the law, changes in jurisdiction or significant operational and/or economic changes of the provider. In this case, the Provider shall notify the Customer in due time. If the Customer does not object to the new General Terms and Conditions within a period of two weeks after notification, the amended General Terms and Conditions shall be deemed accepted by the Customer.
6. All disputes arising in connection with the use of the Website, regardless of the legal reason, shall be governed exclusively by the laws of the Republic of the Seychelles, without regard to its conflict of law provisions.
PAXXOTEC LTD.
House of Francis, Room 303
Ile Du Port, Mahe
Seychelles
Company No. 230357