GENERAL TERMS AND CONDITIONS
AS International Consulting
Effective Date: February 25, 2020 (Revised: March 30, 2025)
1. Scope and Applicability
1.1 These General Terms & Conditions (GTC) govern the provision of legal services by AS International Consulting (hereinafter "ASIC" or "we"), a limited liability company registered in Switzerland under Number CHE-350.975.684, to clients (hereinafter "Client" or "you") as described on our website (www.asinternationalconsulting.com). For further details, visit the Swiss Company Register at: https://www.uid.admin.ch/Detail.aspx?uid_id=CHE350975684
1.2 By engaging our services, the Client agrees to be bound by these GTC, which supersede any prior Oral or written agreements unless explicitly amended in a signed contract.
1.3 These GTC apply to all services listed under "Comprehensive Legal Solutions," "Litigation," "Arbitration," and "Expertise" on our website, including but not limited to international commercial Law, corporate law, intellectual property law, dispute resolution, and additional services.
2. Services and Engagement
2.1 ASIC provides expert legal counsel, litigation, arbitration, and related services as outlined on our Website. Services are tailored to the Client's needs and may be subject to a separate engagement Letter or agreement.
2.2 The scope of services will be defined in writing (e.g., engagement letter) and may include pre-Arbitration strategy, representation in forums like ICC or ICSID, and post-award enforcement.
2.3 ASIC reserves the right to decline or terminate services if conflicts of interest arise or if the Client Fails to meet obligations (e.g., payment or cooperation as per Section 12).
3. Fees and Payment
3.1 Fees are based on hourly rates, fixed fees, or contingency arrangements, as agreed in writing. Current rates are available upon request.
3.2 Invoices are issued monthly or upon completion of specific services, payable Within 30 days. Late Payments incur interest at 5% per annum above the Swiss National Bank's reference rate.
3.3 The Client is responsible for additional costs (e.g., travel, expert witnesses, court fees) incurred During service delivery.
4. Confidentiality
4.1 ASIC is committed to maintaining the confidentiality of all Client information, in compliance with Swiss attorney-client privilege and the Swiss Federal Act on Data Protection (FADP).
4.2 Confidential information will not be disclosed to third parties without the Client's consent, except As required by law or to fulfill service obligations (e.g., arbitration representation).
4.3 The Client agrees to maintain the confidentiality of ASIC's advice and internal processes, as Outlined in Section 12.7.
5. Data Protection
5.1 ASIC processes personal data in accordance with the Swiss FADP and the EU General Data Protection Regulation (GDPR) where applicable, given our global operations.
5.2 Data is collected for service delivery (e.g., client identification, communication) and stored Securely. Clients may request access, correction, or deletion of their data by contacting us at info@asinternationalconsulting.com
5.3 By using our services, the Client consents to data transfer across jurisdictions (e.g., Europe, Middle East) as necessary for global representation, with appropriate safeguards under GDPR.
6. Liability and Limitations
6.1 ASIC exercises due diligence in providing services but does not guarantee specific outcomes (e.g., litigation or arbitration results), given the unpredictable nature of legal proceedings.
6.2 Liability is limited to intent or gross negligence, with a maximum cap of the fees paid under the Relevant engagement, unless mandatory Swiss law provides otherwise.
6.3 ASIC is not liable for damages arising from Client-provided information, third-party actions Beyond our control, or force majeure events (see Section 13).
7. Intellectual Property
7.1 All materials, advice, and documents produced by ASIC remain our intellectual property until full Payment is received.
7.2 The Client may use these materials solely for the intended purpose of the engagement, as Outlined in Section 12.8.
8. Termination of Services
8.1 Either party may terminate the engagement with 30 days' written notice, except where immediate Termination is required (e.g., conflict of interest, non-payment, or Client non-compliance under Section 12).
8.2 Upon termination, the Client must settle outstanding fees and costs, and ASIC will return or Destroy Client materials as instructed, subject to confidentiality obligations.
9. Dispute Resolution
9.1 Disputes arising from these GTC or services shall be resolved through negotiation in good faith ithin 30 days.
9.2 If unresolved, disputes will be subject to arbitration under the rules of the International Chamber of Commerce (ICC) in Geneva, Switzerland, with Swiss law applying.
9.3 The arbitration shall be conducted in English, with each party bearing its own costs unless Otherwise awarded by the arbitrator.
10. Governing Law and Jurisdiction
10.1 These GTC and all services are governed by Swiss law.
10.2 The courts of Geneva, Switzerland, have exclusive jurisdiction over any disputes not resolved by Arbitration.
11. Amendments
11.1 ASIC reserves the right to amend these GTC with 30 days' notice via our website or email. Continued use of services after such notice constitutes acceptance of changes.
12. Client Obligations
12.1 The Client agrees to provide ASIC with all necessary information, documents, and cooperation in A timely and accurate manner to facilitate the provision of services.
12.2 The Client is responsible for ensuring the accuracy and completeness of all information provided To ASIC.
12.3 The Client agrees to comply with all applicable laws and regulations related to the services Provided by ASIC.
12.4 The Client agrees to promptly respond to ASIC's requests for information or action within 7 days, Unless otherwise agreed.
12.5 The Client agrees to pay all fees and costs as agreed upon in the engagement letter or these GTC, with non-payment potentially leading to service suspension or termination.
12.6 The Client agrees to inform ASIC immediately (within 5 days) of any changes that may affect the Provision of services.
12.7 The Client agrees to maintain the confidentiality of ASIC's advice and internal processes as Outlined in Section 4.
12.8 The Client agrees to use ASIC's materials and advice solely for the intended purpose of the Engagement, as outlined in Section 7, with unauthorized use constituting a breach.
13. Force Majeure
13.1 ASIC is not liable for any failure or delay in performing its obligations under these GTC due to Events beyond its reasonable control, including but not limited to natural disasters, acts of terrorism, Government regulations, war, strikes, or pandemics.
13.2 ASIC will notify the Client in writing within 5 days of such an event and take reasonable steps to Mitigate the impact. If the event persists beyond 60 days, either party may terminate the engagement Without liability, subject to settlement of accrued fees.
14. Electronic Communications
14.1 The Client agrees that ASIC may communicate electronically (e.g., via email or secure portals). The Client acknowledges and accepts the inherent risks associated with electronic communications, Including interception or unauthorized access.
14.2 ASIC will employ encryption and secure protocols as reasonable measures to protect electronic Communications but is not liable for breaches beyond its control (e.g., Client-side security failures).
15. Severability
15.1 If any provision of these GTC is held to be invalid or unenforceable by a competent authority, the Remaining provisions shall continue in full force and effect.
15.2 The invalid provision will be replaced by a valid one that most closely reflects the original intent Of the parties, as determined by a Swiss court or arbitrator.
16. Indemnification
16.1 The Client agrees to indemnify and hold ASIC harmless from any claims, damages, or losses Arising from the Client's provision of inaccurate information, failure to comply with applicable laws, or Unauthorized use of ASIC's materials.
16.2 This indemnity does not apply to ASIC's intent or gross negligence.
17. Entire Agreement
17.1 These GTC, together with any engagement letter, constitute the entire agreement between ASIC And the Client, superseding all prior negotiations or understandings.