General Terms and Conditions
These terms apply to all relationships with Amforc Ltd. (Amforc) to the extent that Amforc has agreed on different terms with the Client in writing (e.g., in a written Agreement).
Any engagement between the Client and Amforc shall be subject to Amforc’s acceptance of such engagement.
The Client agrees that its recourse for any damages is against Amforc only. The Client hereby agrees that it will not bring any claim or proceedings and waives any claim against any member of the board, director, employee, consultant, associate, partner or any other affiliate of Amforc.
Amforc shall not be liable for any damages which result from its action or inaction in connection with its service, especially its Staking services, regardless of whether the possibility of such damages was disclosed to, or could reasonably have been foreseen by Amforc or the Client and whether arising in contract, tort or otherwise, except to the extent that such damages result from Amforc’s bad faith, intentional default, gross negligence or fraud.
Furthermore, the liability of Amforc is excluded for:
- the success of a service;
- direct or indirect as well as for consequential damages resulting from any service rendered;
- damages and losses caused by auxiliary persons;
- communication errors or erroneous, incorrect, incomplete or delayed depositing and nominating of cryptocurrencies in connection with Amforc’s staking services, or technical transmission errors and interruptions outside of Amforc’s control; or
- any special punitive, indirect or consequential loss, liability, damage or expense arising under or in connection with the Staking Terms especially with the disclosed risks under section 5.
Any service rendered or advice given by Amforc is provided solely for the Client’s use and benefit and may not be used or relied on for any other purpose or disclosed to any other person (excluding the Client’s professional advisors on a “need-to-know-basis”, who, however, may place no reliance on such advice) without Amforc’s prior written approval.
If Amforc’s role includes assisting the Client in coordinating the work of the Client’s other advisers, Amforc will not be responsible for the advice provided by them. It is the Client’s responsibility to ensure that the advice from its other advisers is received and considered by the Client and is adequate for the Client’s purposes. Amforc is under no duty to update any service rendered or to advice given to the Client.
Unless specifically instructed otherwise in writing, the Client agrees that Amforc may use electronic means, without encryption, when Amforc communicates with the Client or with third parties in respect of the Client’s affairs. The Client acknowledges that communication by electronic means, e.g., by email, fax or internet-based applications is associated with risks, in particular the risk that third parties may gain knowledge, that the contents of such communication may be infected with computer viruses, manipulated or become corrupted, or that communication may be misdirected, delayed or not received. Amforc Ltd. shall not be liable for such risks.
Unless indicated otherwise, all amounts are exclusive of value added tax (VAT) where applicable. Any VAT payable by Amforc shall be charged to the Client, in addition. Likewise any applicable foreign taxes and deductions are at the Client’s expense and are to be borne by the Client or charged to the Client.
The legal relationship between the Client and Amforc shall be governed in all respects by substantive Swiss law.
The exclusive place of jurisdiction is Reichenburg, Switzerland.