General Terms and Conditions
1. Contract
1.1. These General Terms and Conditions (GTC) form an integral part of the contract for the provision of services (Contract) concluded between the parties.
1.2. Amendments to the Contract require the written, legally valid consent of both parties.
1.3. The content of these GTC applies unless a deviation from the provisions of these GTC has been expressly agreed upon in writing. The GTC may be amended, supplemented, or replaced from time to time to reflect legal, regulatory, technical, or organizational developments. The current version is published on the website www.fsp.li. By continuing to use the services of FS+P AG (including ongoing client work), the updated terms and conditions are accepted and binding.
1.4. The assignment of a claim arising from this contract or a change of parties requires the prior written consent of the other party.
2. Services
2.1. The subject of this contract is the services agreed upon in writing between the parties.
2.2. If a schedule is agreed upon, it serves only for planning purposes and does not contain any contractually binding deadlines.
3. Customer Cooperation
3.1. The customer shall provide all necessary work materials, information, infrastructure, and personnel resources for the performance of the services in a timely manner. It is assumed that the work materials and information lawfully provided are complete and accurate.
3.2. If the customer fails to fulfill its obligations to cooperate, this may result in the services not being provided, being provided only with increased effort, or other adverse consequences arising. The customer shall bear the consequences of the breach of its obligations to cooperate (e.g., additional expenses).
4. Work Results
4.1. The scope of the work results is governed by the contract.
4.2. Drafts or verbal information are not binding, as they may differ significantly from the final work product. All liability is excluded for damages incurred by the client or third parties as a result of relying on them.
4.3. All written work products created for, delivered to, and paid for by the client belong to the client for the agreed-upon use. However, the associated intellectual property rights (including know-how) do not remain with the client.
4.4. Reports, products, and other work products are intended exclusively for the client and the purpose described in the contract. They may not be used for any other purpose, disclosed to or made accessible to third parties, published, or modified by the client without prior written consent. Regardless of any such consent, no liability arises for damages resulting from the use of the work products for other purposes or by third parties, or from the publication or modification of the work products.
4.5. The client shall compensate the other party for any damages incurred as a result of third-party claims arising from this contract.
5. Use of Third Parties
5.1. Third parties may be engaged as subcontractors for the performance of the contract as well as for regulatory and administrative purposes. The customer agrees that information and data related to the contract may be disclosed to the subcontractors for the aforementioned purposes.
5.2. However, the contract exists only between the parties. The service provider is solely responsible to the customer for the provision of the service and the protection of the information and data transferred to the subcontractors.
6. Confidentiality and Data Protection
6.1. The parties shall treat all information and data that they become aware of in connection with the provision or receipt of services under this Agreement (e.g., trade secrets, personal data, know-how, etc.) as confidential during and after the termination of the Agreement. Both parties shall comply with the provisions of the Liechtenstein Data Protection Act at all times. Neither party may disclose this contractual relationship or the content of the Agreement to third parties.
6.2. This excludes information that may be disclosed based on the written consent of the entitled party, information that is publicly available, or information that is known to a party independently of the Agreement.
6.3. Notwithstanding the provisions of Sections 6.1 and 6.2, the parties may disclose information and data based on:
a) legal or regulatory requirements,
b) a court or official order,
c) obligations to supervisory authorities and professional organizations, and
d) to protect their interests vis-à-vis their insureds and legal advisors.
7. Fees, Expenses, and Other Outlays
7.1. The fee will be invoiced according to the contract.
7.2. If daily rates are agreed upon, these are based on eight working hours. Overtime will be billed separately. Travel time is considered working time.
7.3. Expenses (e.g., travel and accommodation costs, meal allowances) and other outlays incurred in connection with the provision of services are not included in the fee and will be invoiced to the client at actual costs or at standard industry rates as a flat-rate expense allowance.
7.4. In the event of termination of the mandate, regardless of which party initiates the termination, the client owes a minimum fee of CHF 3,500 (finalization fee) for the necessary closing work, the orderly handover of documents, and any correspondence with authorities, courts, and third parties. If the actual expenses for the final work exceed CHF 3,500, the contractor is entitled to invoice the excess expenses additionally according to the agreed fee rates as per section 7.
7.5. All fees mentioned (including flat fees), expenses, and other outlays are exclusive of value-added tax and other taxes and duties.
8. Invoicing and Payment Terms
8.1. The client must object to invoices within ten days of receipt; otherwise, they are deemed approved. Unless otherwise agreed by the parties, payment is due within fourteen days of the invoice date.
8.2. The parties may only offset undisputed or legally enforceable claims.
8.3. If the customer defaults on payment of all or part of the invoice, the customer owes FS+P AG default interest at the statutory rate. The default interest rate is 5% per annum for consumers and 8% per annum above the reference interest rate for businesses. Further statutory claims remain unaffected.
9. Liability
9.1. The agreed services will be performed with due diligence. In the event of a breach of contract by the service provider, the service provider is liable for the proven direct damage, provided that such damage was demonstrably caused intentionally or through demonstrably gross negligence.
9.2. Otherwise, any further liability arising from the contract or from any other legal basis is expressly excluded to the extent permitted by law.
10. Electronic Communication
10.1. During the term of the contract, the parties are entitled to communicate and transfer data electronically.
10.2. Each party is responsible for its own electronic communication and shall take appropriate precautions, in accordance with current technological standards, to ensure secure and error-free communication. If special security measures are required (e.g., password protection, encryption), these must be expressly stated in the order confirmation.
10.3. To the extent permitted by law, both parties disclaim all liability for damages arising in connection with electronic communication.
11. Termination of the Contract
11.1. To comply with statutory and regulatory retention requirements, a copy of the documents on which the services are based may be retained. The client has no right to the release of working papers.
11.2. In the event of early termination of the contract, the client shall pay the agreed fee for services already rendered, as well as any expenses and other outlays incurred, in accordance with Section 7.
12. Applicable Law and Jurisdiction
12.1. This contract is governed exclusively by Liechtenstein law.
12.2. The exclusive place of jurisdiction for all disputes arising from this contract is Vaduz, unless another court has exclusive jurisdiction due to mandatory legal provisions.
General Terms and Conditions 01/2026