General terms and conditions

1. Scope

These general terms and conditions apply to all services provided by Atena Fiduciaire SA, unless otherwise agreed in writing.

In the event of a conflict, the mandate or engagement letter signed with the client prevails over these general terms and conditions.

2. Nature of the services

Atena Fiduciaire SA provides coordination and organisational support services, in particular for transactions settled in cryptocurrencies, real estate sales and inheritance or asset-related matters. The exact scope of each service is defined in the mandate.

Atena Fiduciaire SA is not a notary's office. It provides no legal, tax or investment advice. Notarial deeds and such advice are the responsibility of the qualified professionals chosen by the client.

3. Conclusion of the mandate

The mandate is concluded in writing. It specifies the purpose of the service, its scope, the fees and the agreed terms.

Atena Fiduciaire SA may decline a mandate without giving reasons.

4. Client obligations

The client provides complete, accurate and up-to-date information and documents in good time. The client promptly reports any change that may affect the mandate.

Unless expressly stated in the mandate, Atena Fiduciaire SA is under no obligation to verify the accuracy of the information and documents provided.

5. Identification and anti-money laundering

Where required by law, in particular the Swiss Anti-Money Laundering Act (AMLA), Atena Fiduciaire SA identifies the parties and the beneficial owner and clarifies the origin of the funds or cryptocurrencies.

Atena Fiduciaire SA may refuse, suspend or discontinue a transaction where the information obtained is insufficient or where the law so requires, without incurring any liability.

6. Cryptocurrency transactions

The terms of each transaction are set out in writing before it is carried out: parties, subject matter, amount, cryptocurrency and network used, wallet addresses, release conditions and deadlines.

Atena Fiduciaire SA is not liable for price fluctuations, network fees, blockchain confirmation times, or errors in addresses or instructions provided by a party.

Atena Fiduciaire SA never asks for a recovery phrase (seed phrase), password or private wallet key.

7. Fees and expenses

Fees are set in the mandate, either as a flat fee or based on time spent. Disbursements and third-party costs are invoiced in addition, as is VAT where applicable.

Atena Fiduciaire SA may request an advance payment before starting or continuing its work.

Invoices are payable within the period stated on them. In the event of late payment, default interest at the statutory rate is due, and Atena Fiduciaire SA may suspend its services until payment is received.

8. Confidentiality and data protection

Atena Fiduciaire SA treats the information received in the course of the mandate as confidential. This obligation continues after the mandate ends, subject to statutory reporting obligations towards the authorities.

Personal data is processed in accordance with the privacy policy published on this website.

9. Electronic communication

The client agrees that exchanges may take place by email or other electronic means. The client acknowledges that these means do not guarantee full confidentiality and accepts the associated risks.

10. Liability

Atena Fiduciaire SA performs its services with due care. It is bound by an obligation of means, not of result.

To the extent permitted by law, its liability is limited to direct damage caused intentionally or through gross negligence. It is not liable for the acts or omissions of the parties, notaries, other professionals or technical service providers.

11. Term and termination

Either party may terminate the mandate at any time, in accordance with Article 404 of the Swiss Code of Obligations. Services provided and expenses incurred up to that date remain payable.

A party terminating at an inopportune time is liable for the damage caused to the other party.

12. Retention of documents

At the end of the mandate, original documents provided by the client are returned on request. Atena Fiduciaire SA retains the necessary copies and records for as long as the law requires.

13. Amendments

Atena Fiduciaire SA may amend these general terms and conditions. The version in force when the mandate is concluded applies, unless the client agrees to a more recent version.

14. Governing law and jurisdiction

The relationship between Atena Fiduciaire SA and its clients is governed by Swiss law. The place of jurisdiction is Geneva, subject to mandatory places of jurisdiction provided by law.

These general terms and conditions exist in French, German and English. In the event of any discrepancy, the French version prevails.