1.        Unless expressly agreed otherwise, our general terms and conditions, which are known to the contractual partner, shall apply. Unless otherwise agreed, ther conditions do not become part of the contract. The scope of these General Terms and Conditions (“GTC”) includes all legal relationships (in particular contracts) between Smart Family Office GmbH, FN 507429 w, ("Smart Family Office") and the customer, which include the provision of financial services for a fee (see § 3 of these General Terms and Conditions), including the analysis of customer assets.

2.        The customer agrees that these General Terms and Conditions shall also form the basis for all further agreements, unless expressly agreed otherwise.

3.        Gender note: For reasons of better readability, no gender-neutral differentiation is made in the General Terms and Conditions. The shortened language form is for editorial reasons only.

1.        If the contractual relationship between Smart Family Office and customers is for either an indefinite period or with a time horizon of more than twelve months, Smart Family Office is entitled to change the General Terms and Conditions on which this legal relationship is based in accordance with the following provisions.

2.        Changes to the General Terms and Conditions that neither increase existing fees nor introduce new or additional fees will be notified to the customer by Smart Family Office in accordance with this paragraph. This only applies, if this change of our terms and conditions actually affects the Smart Family Office – customer relationship. The changed conditions only become effective, if the customer does not object in writing by registered letter within six weeks of notification. Notifying the customer of the change in the General Terms and Conditions can be made via any means of communication, the use of which has been agreed between Smart Family Office and customers. Together with the notification, Smart Family Office will point out to the customer that his silence or no express written objection after six weeks will be deemed as approval of the change.

3.        The customer is entitled to terminate the contract with Smart Family Office with immediate effect before such changes come into effect, without it being necessary to comply with any agreed termination dates or periods and without incurring any costs for this termination.

4.        Smart Family Office will notify the customer of any changes to the General Terms and Conditions that introduce new or additional fees or increase existing fees. This only applies if this change to our terms and conditions actually affects the specific Smart-Family-Office-customer contractual relationship. Increases agreed in advance (§ 12 of these General Terms and Conditions) do not fall under these provisions, so no notification is necessary. If one nevertheless occurs, this provision does not apply. With the notification, Smart Family Office will ask the customer to declare in writing within six weeks whether he agrees to the changed fees or not. If the customer does not agree, the contract shall be deemed to have been dissolved at the end of the six-week period.

Smart Family Office runs the business of a commercial financial advisor, credit broker and management consultant. To a much lesser extent, Smart Family Office also acts as a tipster in business transactions. These general terms and conditions apply in principle to the following types of services, whereby there are additional special terms and conditions for the respective line of business (see Section II):

a)        Advice on building, securing and maintaining wealth and financings, with the exception of investment advice with regard to specific financial instruments within the meaning of Section 136a Paragraph 1 Z 1 Austrian Business and Trade Code.

b)        Brokerage of investments (except specific financial instruments), personal loans, mortgage loans and financing within the meaning of Section 136a Paragraph 1 Z 2 Austrian Business and Trade Code.

c)        Management consulting, especially the analysis of companies and organizations or their environment, the development of strategies and their implementation through consulting, execution and intermediation as well as the control of consulting and communication processes within organizations.

 d)        naming of persons,

- Execution of banking transactions by authorized persons, without being entrusted long-term naming by the same client, excluding any activity reserved for a commercial financial advisor and an authorized agent for arranging and conducting banking transactions;

 - who are interested in advice on building, maintaining and securing wealth or financings, investments, securities brokerage or tied brokerage, to authorized commercial financial advisors without being entrusted long-term by the same client, excluding any activity reserved for a commercial financial advisor;

 - who are interested in advising on and brokering investment services or investment activities within the meaning of the Securities Supervision Act, to authorized securities brokers or to persons authorized under the Securities Supervision Act without being entrusted long-term if an expressby the same client, excluding any activity reserved for a securities broker or other authorized person under the Securities Supervision Act (WAG);

 -   who are interested in concluding a contract for real estate to an authorized real estate trustee (real estate agent, property developer) without being constantly entrusted by the same client, excluding any activity reserved for a real estate trustee.

If a consulting transaction has been agreed between the Smart Family Office and the customer, the Smart Family Office will give the customer a recommendation for action tailored to their needs.

1.        Unless ongoing or regular support has been agreed, the legal relationship between the Smart Family Office and the customer ends as a target obligation upon completion of the consultation or mediation. After completion of the consultation or mediation, the customer has no legal claim to further services, in particular there is no obligation for follow-up consultation.

2.        In particular, it is agreed upon conclusion of the contract that the customer waives all post-contractual obligations towards Smart Family Office. Furthermore, the customer also waives the assertion of any claims that arise or may arise from the violation of post-contractual obligations in any form.

3.        If an explicit agreement is concluded for ongoing or regular support, this agreement between Smart Family Office and the customer is valid for an indefinite period and can be terminated by either party with four weeks' notice at the end of a calendar quarter (ordinary termination). The termination must be in writing.

4.        The right of both contracting parties to extraordinary termination for important reasons with immediate effect is not affected by paragraph 2.

An important reason exists in particular, if

a)        insolvency proceedings are opened against the assets of a contractual partner, or the application for the opening of such proceedings is rejected due to a lack of assets to cover costs, or the prerequisites for the opening of such proceedings or the rejection of such an application are met and the contractual partner stops making payments;

b)        the customer is more than four weeks in arrears with a payment based on this contract, even after a written reminder and a grace period of at least two weeks compared to the original payment date;

c)        other material breaches of contract exist.

5.        In case of entrepreneurial customers, paragraph 3 lit a applies with the proviso that the requirements specified in § 25a Insolvency Act must be observed when the contract is terminated.

Smart Family Office neither provides information or advice on content that is not expressly the subject of the contract (see Section 3 of these terms and conditions) nor about content that is outside the scope of authorization of Smart Family Office or their representatives. In particular, Smart Family Office will not advise on tax or legal issues that are assigned by law for certain professionals (e.g. lawyers, accountants, etc.). The customer is recommended to contact his tax advisor or lawyer about any tax or legal implications of his investments.

1.        Smart Family Office will perform its services in the best interest of   the customer. With the necessary expertise, it will propose the solution to the customer that, with the help of the reasonable use of resources, will best meet the customer's needs.

2.        If Smart Family Office should not inform the customer that it is restricting its activities to certain financial products, the most suitable financial product for the customer is to be determined from all available financial products that are customary and on the market – again, with the help of reasonable use of resources - insofar as a risk-based approach is to be included in the determination of the best financial product.

Smart Family Office is not obliged to commission its own expert opinion to check the correctness and completeness of any prospectus, but uses the prospectus that has been checked for completeness and correctness by institutions appointed to check it (e.g. auditors, credit institutions) in accordance with the relevant statutory or higher-ranking regulations. Liability for the correctness and/or completeness of the prospectus used is expressly excluded, insofar as this does not conflict with any mandatory statutory provisions.

1.        Orders must always be placed in writing. Placing orders by telephone or e-mail is only valid, if the customer has previously agreed this in writing with Smart Family Office.

2.        Other communication between Smart Family Office and customers can take place via any common means of communication. If the customer provides an e-mail address, the customer agrees that Smart Family Office will also notify the customer via e-mail.

Smart Family Office is obliged to execute the customer's orders immediately, but no later than on the bank working day in Austria following receipt of the order, if it can be without fault assumed that they originate from the customer and if the customer is not immediately informed that the execution is omitted or the order is not accepted.

1.        There is no obligation to execute the order immediately, if Smart Family Office is prevented from executing it due to force majeure or, if the customer's account does not have sufficient funds. If it is not possible to execute an intermediation order, Smart Family Office must inform the customer as soon as possible.

2.        Otherwise, Smart Family Office will handle customer orders in accordance with its execution policy. If the customer wishes a different type of executuion than that provided for in the execution policy, he must give Smart Family Office a corresponding explicit instruction.

1.        Smart Family Office is not liable, if the customer does not provide information that is relevant to the chosen advisory concept, or provides information incorrectly or incompletely, provided that the lack, inaccuracy or incompleteness was neither known nor was known due to gross negligence.

2.        Liability for damage caused by slightly negligent behavior by Smart Family Office is expressly excluded. Insofar as mandatory law does not conflict with this, liability for damage resulting from grossly negligent conduct is also excluded.

3.        Smart Family Office is only liable for third parties commissioned with the knowledge of the customer to provide individual partial services, which are neither employees nor shareholders, in the event of. However, selection negligence that can only be traced back to slight negligemce is excluded.

4.        In each case, the customer must provide evidence that the damage can be traced back to negligence of Smart Family Office.

5.        If Smart Family Office provides services with the help of third parties, whereby intermediation activities are not included, and warranty and/or liability claims arise against this third party in this context, the customer must assert his claims primarily against the third party.

6.        The liability of Smart Family Office for incorrect advice or other services is fundamentally limited to the amount of € 50,000. If the amount of damage exceeds this amount, the liability of Smart Family Office is limited to the sum insured available for the specific case of damage. This is currently € 1,500,000 for financial losses in the area of the activity of Smart Family Office commercial financial advisers or € 500,000 for our work as a management consultant. If there is no liability insurance or liability cover, liability is still limited to €50,000. This limitation of liability applies in principle to all contractual relationships insofar as mandatory law does not conflict with this. In any case, this limitation also applies to damage caused by slight negligence. By entering into the contractual relationship, the customer expressly confirms that he agrees to this limitation of liability and still wants the contractual relationship to be established.

7.        This maximum amount includes all claims against us, in particular for damages and price reduction. Any deductibles do not reduce any liability. This maximum amount relates to one damaged event. If there are two or more competing damaged parties, the maximum amount for each individual damaged party is to be reduced in proportion to the amount of the claims.

8.        The customer is entitled to have errors rectified free of charge if Smart Family Office is responsible for them. This entitlement expires six months after Smart Family Office has rendered a service or – if a written professional statement is not submitted – six months after the end of Smart Family Office’s activity in question.

9.        Each claim for damages can only be asserted in court within six months after the customer has become aware of the damage, but no later than three years after the occurrence of the (primary) damage after the event causing the claim, unless other statutory periods of limitation are mandatory are fixed.

1.        The Smart Family Office service is remunerated on the basis of an agreement.

2.        A unilateral adjustment of the agreed fee by Smart Family Office on January 1st. of each year based on the consumer price index 2021 (base year 2021) published by Statistics Austria or an index replacing it. An average consideration of the previous calendar year is taken as a basis, whereby a flat rate of at least 3% can be applied. The new value represents the new index basis for future adjustments. If no adjustment is made, this does not constitute a waiver of the adjustment claim.

3.        In principle, the payment will be billed after the agreed service has been completed. The fee is due upon invoicing. However, Smart Family Office is entitled at any time to issue interim invoices according to the progress of the work and to demand corresponding advance payments for the respective progress.

4.        In Addition any cash expenses in general, expenses, travel expenses, etc. incurred must also be reimbursed by the customer against invoicing.

5.        In the event of non-payment of interim invoices, Smart Family Office is released from the obligation to provide further services. However, this does not affect the assertion of further claims resulting from non-payment.

6.        If the agreed service is not performed for reasons on the part of the customer or due to a justified early termination of the contractual relationship by Smart Family Office, Smart Family Office retains the right to payment of the entire agreed fee less saved expenses. If an hourly fee is agreed, the fee for the number of hours expected for the entire agreed work, less the expenses saved, is to be paid. Smart Family Office can set the saved expenses at a flat rate of 10% of the fee for those services that Smart Family Office has not yet provided on the day the contractual relationship ends.

Offsetting against our claims with counterclaims of any kind is excluded. This applies insofar as mandatory law does not conflict with this.

1.        Smart Family Office will issue an invoice with all legally required features that entitles our customers to deduct input tax.

2.        Smart Family Office is entitled to send the customer invoices in electronic form. The customer expressly consents to the sending of invoices in electronic form by Smart Family Office.

3.        If the customer does not raise a written objection to an issued fee or invoice note within 14 days, the services billed therein shall be deemed to have stable value, be correct and due. In addition, that the services shown therein have been fully rendered by Smart Family Office. However, a different payment date can be agreed without this damaging the value stability and correctness of the claim or the completeness of the service rendered by Smart Family Office.

If the customer is in arrears with the payment of all or part of the fee, the customer must pay Smart Family Office default interest at the statutory rate (§ 1000 ABGB). If the customer is responsible for the delay in payment, the statutory interest rate for entrepreneurs is based on § 456 UGB. Furthermore, Smart Family Office is also to be compensated for any additional damage actually incurred. Any further legal claims (e.g. § 1333 ABGB, 458 UGB) remain unaffected.

1.        For the careful and diligent provision of its services, the Smart Family Office requires all relevant information and documents that the customer has in order for Smart Family Office to make a well-founded assessment of the individual conditions and to be able to make a recommendation for further action. The customer is obliged to submit these documents to Smart Family Office in a timely manner, in full and without any special request, and to inform Smart Family Office of all circumstances that could be relevant to the provision of its services.

2.        The customer must notify Smart Family Office in writing of any changes to all personal data that are necessary or useful for processing the order (e.g. change of name, company, bank details, address, contact details, etc.). As long as the customer does not announce these changes, all declarations by Smart Family Office will continue to be made using the data previously available. These declarations are deemed to have been received by the customer, if the Smart Family Office was neither aware of these changes nor was unaware of them due to gross negligence.

3.        The customer must inform Smart Family Office in writing immediately of any changes or the expiry of existing powers of attorney and provide evidence of this by means of suitable documents. As long as the customer does not announce this, the power of attorney continues to apply to the same extent as before, provided that Smart Family Office was neither aware of the change or expiration nor was it unaware of it due to gross negligence.

4.        Smart Family Office must be notified immediately in writing of any loss or restriction of legal capacity.

5.        If the customer is a legal entity, Smart Family Office must be informed immediately in writing of the initiation of dissolution proceedings or the dissolution of the legal entity or the realization of a statutory dissolution.

1.        The customer must ensure that orders given to Smart Family Office are formulated as clearly and unambiguously as possible. Unclear and inaccurate formulations are at the expense of the customer if Smart Family Office did not recognize the lack of clarity or should have recognized it based on the circumstances. In principle, it is agreed that no investigation obligations are imposed on Smart Family Office.

2.        When placing an order via telecommunications means, the customer must take appropriate precautions to avoid transmission errors or misuse. Smart Family Office only accepts liability for these events if it is guilty of intent or gross negligence.

1.        Through these General Terms and Conditions, the customer authorizes Smart Family Office to inspect and make copies of all documents related to the fulfillment of this order.

2.        If necessary in individual cases, the customer will also authorize Smart Family Office to request information on account and deposit balances as well as credit accounts from banks on his behalf, and release these institutions from data and banking secrecy towards Smart Family Office.

The customer acknowledges that every concept created by Smart Family Office is a copyright work. All reproductions, distributions, changes or additions require the written consent of Smart Family Office.

1.        Smart Family Office is obliged to treat confidential information that it becomes aware of as a result of the business relationship with the customer as confidential and to keep it secret from third parties. Smart Family Office is obliged to impose this obligation on its employees as well. Any handling and transfer of data is subject to the respective data protection regulations.

2.        The customer agrees to the automated use of his data in accordance with the relevant data protection regulations. This consent can be revoked by the customer at any time - even without giving reasons.

Smart Family Office is not subject to instructions by the customer in the production of the agreed work or the provision of the service, acts at its own discretion and on its own responsibility. Smart Family Office is not tied to a specific place of work or specific working hours.

1.        If the customer is a consumer within the meaning of Section 1 of the Consumer Protection Act (KSchG) and if the customer has not submitted his willingness to enter into a contract in the rooms permanently used by Smart Family Office for its business purposes or at a stand used by Smart Family Office for this purpose at a trade fair or market, he can withdraw from his contract application or from the contract in accordance with § 3 KSchG. The right of withdrawal also applies if Smart Family Office or a third party - working with it - takes the consumer to the premises used by Smart Family Office for its business purposes as part of a promotional trip, an excursion or a similar event or through personal, individual addressing on the street. This withdrawal can be declared up to the conclusion of the contract or thereafter within 14 days. This period begins with the delivery of a document containing at least the name and address of Smart Family Office, the information necessary to identify the contract and instructions on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal by the consumer, but no earlier than when the contract is concluded. If such a document is not issued, the consumer has the right to withdraw for a period of twelve months and 14 days from the conclusion of the contract or the delivery of the goods; if Smart Family Office issues the document within twelve months of the start of the period, the extended withdrawal period ends 14 days after the consumer receives the certificate. In the case of insurance contracts, the withdrawal period ends no later than one month after the conclusion of the contract.

2.        The consumer does not have the right to withdraw

a)        if he himself initiated the business relationship with Smart Family Office or its agents for the purpose of concluding this contract;

b)        if the conclusion of the contract was not preceded by discussions between the parties or their representatives;

c)        for contracts in which the mutual services are to be provided immediately, if they are usually concluded by Smart Family Office outside of their business premises and the agreed fee is no more than 25 euros, or if Smart Family Office does not operate in its permanent business premises and that fee does not exceed 50 euros;

d)        for contracts that are subject to the Distance and External Business Act, or

e)        in the case of contractual declarations made by the consumer in the physical absence of Smart Family Office, unless he was urged to do so by Smart Family Office.

3.        Contrary to paragraph 2 lit a, the consumer has the right of withdrawal in accordance with § 70 paragraph 2 of the Securities Supervision Act (WAG 2018) for transactions relating to investments within the meaning of § 1 paragraph 1 no. 3 of the Capital Markets Act or shares in domestic and foreign capital investment funds, domestic or foreign real estate funds or similar entities that pool assets for risk diversification, even if the consumer initiated the business relationship himself.

4.        The declaration of withdrawal is not bound to any particular form. The withdrawal is timely if it is sent within the period specified in paragraph 1.

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable – in part or in full – this shall not affect the remainder of the contract. In the event that individual parts of the provision should be invalid, the validity of the remainder of the provision shall apply insofar as the purpose of these General Terms and Conditions can be achieved. Insofar as this is not contrary to mandatory law, the customer fundamentally waives the right to contest these contractual provisions.

1.        The contracts between Smart Family Office and the customer are exclusively governed by Austrian law.

2.        If the contractual partner is a consumer, the choice of law does not result in the consumer being deprived of the protection granted by the mandatory provisions of the law of the state in which he has his habitual residence. In the event that mandatory law gives the customer a choice of law and Austrian substantive law is available, the customer undertakes to apply Austrian law.

1.        With respect to any dispute or claim arising out of or in connection with this Agreement, including disputes as to its validity, breach, termination or nullity, the Contracting Parties shall first negotiate a dispute resolution with one another. If the negotiations are unsuccessful within 30 days, the contracting parties agree that the next step will be to make a serious attempt to resolve the conflict through mediation. The recording of the conflict issues, the selection of mediators registered at the Federal Ministry of Justice (ZivMediatG) and the determination of the procedure will be carried out by mutual agreement.

2.        If this attempt at dispute resolution is unsuccessful, judicial assistance can be sought from the 61st day from the start of the mediation as referred to in the previous point. The conduct of parallel arbitration, court or other proceedings (excluding proceedings for injunctions) during this period is mutually excluded. The contracting parties hereby mutually waive the defense of the statute of limitations up to 30 days or until the expiry of a longer period agreed by the parties after the end of the mediation process, unless the relevant claims are already statute-barred at the time the mediation process is initiated. However, the waiver of the statute of limitations only applies if mediation proceedings have actually been initiated.

3.        In the case of a mediation that did not come about or was aborted, all necessary expenses incurred as a result of a previous mediation, in particular those for legal advisers consulted, are deemed to be “pre-trial costs” by virtue of the agreement.

1.        The court in whose district a branch or the registered office of Smart Family Office is located shall have subject matter jurisdiction for Smart Family Office lawsuits against the customer arising from or in connection with this contract. This only applies to consumers if the domicile, habitual residence or place of employment of the consumer is in the district of that court.

2.        Smart Family Office is entitled to bring any legal action against customers who are entrepreneurs before any other competent court.

3.        Complaints by an entrepreneur against Smart Family Office can only be filed with the competent court in whose district the registered office or the branch of Smart Family Office is located.

These special terms and conditions only apply in connection with Smart Family Office’s “credit brokerage” business area within the meaning of Section 3 lit b of the General Terms and Conditions. They supplement the General Terms and Conditions for legal relationships that are concluded in connection with this business area, and also change them to a certain extent. They do not apply to the other areas of activity of Smart Family Office.

The activity of Smart Family Office as a credit broker (“credit broker”) provides the customer with

a)        presenting credit agreements or other credits

b)        assisting with preparatory work or other pre-contractual administrative activities other than those mentioned in no. 1 for the conclusion of credit agreements or other credits, or

c)        concluding loan agreements for the lender or acting on behalf of the lender in other forms of lending.

Advisory services are understood to be the provision of individual recommendations to the client in relation to one or more transactions related to credit agreements. Such advisory services are not included in credit brokerage and must be agreed separately. If a credit broker offers such advisory services, he will inform the customer separately about this and the conditions.

To process the loan request, the credit broker requires a range of information from the customer. The customer undertakes to immediately transmit the information and documents requested by the credit broker.

The customer is obliged to inform the credit broker, if he has already submitted a loan application to another agency. Furthermore, the customer must inform the credit broker, if a loan application made by him has been rejected for whatever reason.

 The customer acknowledges that incorrect and incomplete information can result in his credit application being unsuccessful. In the event that the customer has caused the brokerage to fail by culpably providing incorrect information, the customer is obliged to pay compensation to the credit broker, in particular to reimbursement of the lost remuneration.

If the customer has provided the credit broker with his data by telephone, fax, post or e-mail, the credit broker processes this data on the legal basis of Art 6 for a 1 lit b General Data Protection Regulation (GDPR) and processes them further, if a contractual relationship is subsequently established. If the customer does not provide his data for this purpose, his request cannot be processed and, consequently, no subsequent contractual relationship can be established. The credit broker is responsible for the processing of its customers' data in accordance with the GDPR and will process this data in accordance with the provisions of data protection law applicable in Austria and thus in particular in accordance with the GDPR, the Data Protection Act (DSG) and the Telecommunications Act (TKG).

 For the purposes of credit brokerage, the customer releases the banks involved from banking secrecy vis-à-vis the credit broker in accordance with Section 38 Para. 2 No. 5 Banking Act.

Credit brokerage is successful if a loan commitment is sent to the customer within 60 days of submission of all documents. The customer undertakes to inform the credit broker about additional credit requests in advance while the brokerage order is in place.

In principle, the credit broker receives a commission from the lender, which rewards his work. The customer only owes the credit broker a fee for his work, if this was agreed on paper or another durable medium before the conclusion of the credit agreement. The provisions of the credit brokerage order concluded between the customer and the credit broker apply primarily. The statutory regulations apply on a subsidiary basis.

The credit broker has a number of information obligations towards the customer. In order to comply with these information obligations, the credit broker will send the customer information material. The customer undertakes to read this information material carefully. The customer also undertakes not to make a decision until he has taken note of the information provided by the credit broker.

The customer acknowledges that the credit broker is prohibited by his professional code from offering or arranging loans in the course of debt restructuring where the effective annual interest rate compared to the effective interest rate of the loan to be redeemed, including the commission, means a monthly additional financial burden for the customer. A change in risk (eg interest rate or currency risk) or the collateral can represent an economic burden or relief for the customer. If the customer is threatened with insolvency, we recommend that the customer visit a state-approved debt counseling center.

A loan with a repayment vehicle is a loan in which the customer's payments are not initially used to repay the loan amount, but rather to build up capital in a repayment vehicle and it is intended that the loan will later be at least partially repaid with the help of the repayment vehicle. Repayment vehicles can be securities, capital life insurance or other financial products.

In the case of loans with a repayment vehicle, there is a particular risk that the development of the repayment vehicle will not be sufficient to repay the loan as planned. In order to clarify this risk, the credit broker will provide the customer with additional information. The customer undertakes to read this risk information carefully and only to make a decision once he has taken note of this risk information.

A foreign currency loan is a credit agreement where the loan is denominated in a currency other than that in which the consumer earns his income or holds the assets from which the loan is to be repaid or in a currency other than the currency of the State in which the consumer resides.

 In the case of a foreign currency loan, there is a particular risk that fluctuations in the exchange rate and/or the interest rate will lead to an increased burden on the borrower. In order to clarify this risk, the credit broker will provide the customer with additional information. The customer undertakes to read this risk information carefully and only to make a decision once he has taken note of this risk information.

In the event of complaints, there is the option of contacting the ombudsman of the Association of Financial Service Providers. His office can be reached by email at fdl.ombudsstelle@wko.at. In addition, there is the possibility of alternative dispute resolution through the FIN-NET (https://ec.europa.eu/info/business-economy-euro/banking-and-finance/consumer-finance-and-payments) or arbitration for Consumer shops (http://www. Verbraucherschlichtung.or.at/).

These special terms and conditions only apply in connection with the business field “investment and advisory” within the meaning of § 3 lit a of the General Terms and Conditions. They supplement the General Terms and Conditions for legal relationships that are concluded in connection with this business area, and also change them in some cases. They do not apply to any other areas of activity of Smart Family Office.

The activity of Smart Family Office as an investment advisor consists of advising the customer on building, securing and maintaining assets, weather and financing, with the exception of investment advice with regard to specific financial instruments (§ 3 Par. 2 Z 1 WAG 2018). In particular, in the sense of holistic financial planning, individual analyse and concepts about the type, structure, security, maintenance and possible uses of assets and financing are developed for the customer. The special needs of the customer are addressed and an individually tailored investment strategy is created. However, there is no mediation of financing options. If other commercial financial advisors, who have the same scope of authorization as Smart Family Office, this also falls under this business area.

1.        The customer undertakes to immediately transmit the information and documents requested by Smart Family Office.

2.        The customer acknowledges that incorrect and incomplete information can mean that his advice cannot be achieved to the extent expected. In the event that the customer has caused the failure of a comprehensive consultation through culpable incorrect information, the customer is obliged to pay compensation to Smart Family Office, in particular to reimbursement of the lost remuneration.

3.        During the ongoing advisory relationship, the customer undertakes to inform Smart Family Office about other legal relationships entered into by him or her, insofar as wealth advisory services are also used.

4.        If the customer makes subsequent investments based on a concept drawn up by Smart Family Office, he is obliged to notify Smart Family Office in writing without delay. Unless otherwise agreed, Smart Family Office is entitled to the agreed fee for the implementation of the consulting concept. If such has not been agreed, Smart Family Office is entitled to an appropriate fee.

1.        The scope of a specific consulting assignment is contractually agreed on a case-by-case basis.

2.        The legal relationships entered into between Smart Family Office on the one hand and customers on the other hand are fundamentally designed as target obligations, unless otherwise agreed. After the consultation has been completed, the customer has no legal claim to further services.

3.        Should there be an inquiry from the customer or any other exchange of information about the previously concluded transaction at a later point in time after mediation and advice have been concluded, this process represents a separate legal transaction.

1.        The advice is provided either on a fee basis or on a commission basis. The applicable hourly rates are available in our business premises.

2.        For concepts that Smart Family Office creates at the explicit request of the customer and that are not implemented, Smart Family Office is entitled to appropriate compensation for its consulting work.

In the event of complaints, there is the option of contacting the ombudsman of the Association of Financial Service Providers. This can be reached by email at fdl.ombudsstelle@wko.at. In addition, there is the possibility of alternative dispute resolution through the FIN-NET (https://ec.europa.eu/info/business-economy-euro/banking-and-finance/consumer-finance-and-payments) or arbitration for Consumer shops (http://www. Verbraucherschlichtung.or.at/).

These special terms and conditions only apply in connection with the "Management Consultancy" business area within the meaning of Section 3 lit c of the General Terms and Conditions. They supplement the General Terms and Conditions for legal relationships that are concluded in connection with this business area, and also change them to a certain extent. They do not apply to the other areas of activity of Smart Family Office.

The activity of the Smart Family Office as a management consultant consists of supporting and advising the customer in the analysis of companies and organizations or their environment, the development of solutions and their possible implementation through advice, execution and intervention as well as in the management of advisory and communication processes within organizations and towards the market.

1.        The customer undertakes to immediately transmit the information and documents requested by Smart Family Office.

2.        The customer acknowledges that incorrect and incomplete information can mean that his advice cannot be achieved to the extent expected. In the event that the customer has caused the failure of a comprehensive consultation through culpable incorrect information, the customer is obliged to pay compensation to Smart Family Office, in particular to reimbursement of the lost remuneration.

3.        During the ongoing advisory relationship, the customer undertakes to inform Smart Family Office about other legal relationships entered into by him or her, insofar as wealth advisory services are also used.

4.        If the customer makes subsequent investments based on a concept drawn up by Smart Family Office, he is obliged to notify Smart Family Office of this in writing without delay. Unless otherwise agreed, Smart Family Office is entitled to an appropriate fee for the implementation of the consulting concept.

1.        The scope of a specific consulting assignment is contractually agreed on a case-by-case basis.

2.        The legal relationships entered into between Smart Family Office on the one hand and customers on the other hand are fundamentally designed as target obligations, unless otherwise agreed. After the consultation has been completed, the customer has no legal claim to further services.

3.        Should there be an inquiry from the customer or any other exchange of information about the previously concluded transaction at a later point in time after mediation and advice have been concluded, this process represents a separate legal transaction.

1.        The contracting parties mutually undertake to take all precautions that are suitable to secure the independence of the commissioned third parties and employees of Smart Family Office. This applies in particular to offers of employment or the acceptance of orders for one's own account.

2.        The customer undertakes not to enter into any type of business relationship with persons or companies that Smart Family Office uses to fulfill its contractual obligations during or for a period of three years after the end of this contractual relationship.

3.         In particular, the customer will not commission these persons and companies with such or similar consulting services that Smart Family Office also offers.

1.        The advice is provided either on a fee basis or on a commission basis. The applicable hourly rates are available for inspection on the business premises.

2.        For concepts that Smart Family Office creates at the express request of the customer and that are not implemented, the investment advisor is entitled to reasonable compensation for his consulting work.

1.        Smart Family Office is entitled and obliged, regardless of fault, to remedy any inaccuracies and defects that become known within the scope of the statutory warranty in its service. The customer will be informed of this immediately.

2.        This entitlement expires six months after the respective service has been rendered.

These special terms and conditions only apply in connection with the business field “naming of persons tipping” within the meaning of § 3 lit d of the General Terms and Conditions. They supplement the General Terms and Conditions for legal relationships that are concluded in connection with this business area, and also change them in some cases. They do not apply to any areas of activity of Smart Family Office.

The activity of the Smart Family Office consists of naming people who are interested in financial services, real estate transactions or other transactions without being constantly entrusted by the same client. This excludes any advisory, intermediation and representation activities that are reserved for special authorized persons (see § 3 lit d of these General Terms and Conditions). In particular, Smart Family Office does not make any recommendations or evaluate the goods and services of other people appearing on the market. In addition, Smart Family Office does not perform any preparatory actions that are necessary or expedient for the conclusion of the contract or the execution of the order with or by a named third party.

1.        The customer undertakes to immediately transmit the information and documents requested by Smart Family Office.

2.        The customer acknowledges that incorrect and incomplete information can mean that the naming cannot be achieved to the expected extent. In the event that the customer has caused the failure of a suitable naming through culpable incorrect information, the customer Smart Family Office is obliged to pay damages, in particular to reimbursement of the lost remuneration.

1.        The scope of a specific order is agreed on a case-by-case basis.

2.        The legal relationships entered into between Smart Family Office on the one hand and customers on the other hand are fundamentally designed as target obligations, unless otherwise agreed. After the order has been completed, the customer has no legal claim to further services.

3.        Should there be a request from the customer or any other exchange of information about the previously concluded transaction at a later point in time after the order has been processed, this process represents a separate legal transaction.

The fee for the naming of persons/tipping is agreed separately.

Any liability for the success of the business envisaged by the customer with the named third party is contractually excluded. Liability is fundamentally only possible for the interest in trust and only if Smart Family Office is guilty of grossly negligent selection fault with regard to the named third party. The customer has to provide the corresponding proof.

Solely the German version of THE TERMS AND CONDITIONS is legally binding. This English version of THE TERMS AND CONDITIONS is provided for convenience purposes only