Terms & Conditions
These General Terms and Conditions (AGB) govern the engagement between West Consulting and its clients.
1. Scope
These Terms apply to all advisory, coordination and related services provided by West Consulting GmbH("West Consulting", "we") to the client. Deviating client terms do not apply unless we have agreed to them in writing.
2. Nature of our services — coordination, not regulated advice
West Consulting coordinates cross-border company formation, accounting, and related projects and connects clients with independent, licensed partners (tax advisors, lawyers, brokers, banks). For regulated matters — including investment, insurance and legal or tax advice — we act as a coordinator and introduce licensed third parties; we do not ourselves provide regulated investment, insurance, legal or tax advice. Such partners contract with the client directly and on their own terms.
3. Formation of contract
Information on this website is not a binding offer. A binding engagement is formed when the client accepts a written proposal or statement of work ("SOW") — by signature, electronic acceptance, or written confirmation — and we confirm it. The accepted proposal, together with these Terms, defines the agreed scope, deliverables, timeline and fees.
4. Fees & payment
- Setup fees are one-time fees for a defined scope and are invoiced as set out in the proposal, typically in advance of commencement.
- Recurring fees (e.g. monthly retainers) are billed in advance for each period.
- Unless stated otherwise, invoices are due within 14 days of the invoice date. Statutory VAT applies where relevant.
- Third-party costs (government fees, notary, partner fees, etc.) are not included unless expressly stated and are passed through to the client.
5. Commencement, cancellation & refunds
By accepting a proposal or SOW, the client expressly commissions West Consulting to begin the services and requests that performance start without delay.
- Once the client has signed/accepted the proposal and we have commenced performance, the engagement is binding and fees for the commissioned scope are non-refundable.
- Setup fees are non-refundable once work has commenced. Amounts already paid will not be returned, and any unpaid portion of the agreed setup fee remains due.
- Recurring fees already invoiced for the current billing period are non-refundable. A recurring engagement may be terminated for the future with 30 days' written notice to the end of a billing period; no pro-rata refund is given for the current period.
- Government, notary, partner and other third-party fees are non-refundable once incurred, irrespective of outcome.
Consumers (Verbraucher): where the client is a consumer with a statutory right of withdrawal, that right applies. By expressly requesting that we begin during the withdrawal period, the consumer acknowledges that (i) for a fully performed service, the right of withdrawal expires once we have completely performed (§ 356 (4) BGB), and (ii) on withdrawal of a partly performed service, a proportionate amount is payable for services already rendered (§ 357 (8) BGB). The non-refund provisions above apply only to the extent permitted by mandatory consumer-protection law.
6. Client obligations
The client shall provide accurate and complete information and documents, respond to requests in good time, and meet their own legal obligations. Delays or inaccuracies attributable to the client do not affect fees due and may extend timelines.
7. Timelines
Stated timelines are estimates and depend on third parties (authorities, banks, partners) outside our control. We are not liable for delays caused by such third parties or by incomplete client input.
8. Liability
We are liable without limitation for intent and gross negligence and for injury to life, body or health. For slight negligence we are liable only for breach of an essential contractual obligation (cardinal duty), and then limited to the foreseeable, typical damage. Any further liability is excluded. We are not liable for the services, advice or default of independent licensed partners.
9. Confidentiality
Each party shall keep the other's confidential information secret and use it only for the purpose of the engagement. This survives termination of the engagement.
10. Governing law & jurisdiction
These Terms and the engagement are governed by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Where the client is a merchant, legal entity under public law or special fund under public law, the exclusive place of jurisdiction is the registered seat of West Consulting GmbH. Mandatory consumer protections remain unaffected.
11. Severability
Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected.