Terms and conditions
Please read the following important notes.
1. Scope of application
These General Terms and Conditions apply to Expert Software Solutions GmbH and its customers. They govern the legal relationship for services and products from Expert Software Solutions GmbH, unless otherwise agreed in writing.
2. Expert Software Solutions GmbH’s services
2.1. Expert Software Solutions GmbH offers all kinds of services in the following fields
Information Technology, Internet and Telecommunications and provides its services within the framework of the respective contract and the operational resources available to it. Expert Software Solutions GmbH reserves the right to adjust the services, if necessary, or for important reasons.
2.2. Expert Software Solutions GmbH always endeavors to meet agreed deadlines for the provision of services; though it reserves the right to postpone them.
2.3. Expert Software Solutions GmbH may involve third party suppliers and subcontractors for the execution of the contract without necessarily informing the customer.
3. Conclusion / start of contract
3.1. By contracting with Expert Software Solutions GmbH, the customer acknowledges the present general terms and conditions (of Expert Software Solutions GmbH) and agrees to provide Expert Software Solutions GmbH with truthful information.
3.2. The contractual relationship shall commence in accordance with the provisions of the appropriate contract.
4. Cancellation and Termination
4.1. Either party may terminate the Agreement in writing, subject to a notice period of 30 days to the end of the contract period. Without termination, the contract shall be automatically renewed for the respective Contract duration. A pro rata temporis refund is excluded – regardless of the date of termination.
4.2. Cancellation shall only be made in writing using the cancellation form provided for this purpose (to be sent to email@example.com).
4.3. In the event of a cancellation by the customer before the services are put into operation, the customer shall owe Expert Software Solutions GmbH all costs incurred in this context.
4.4. The contract may be cancelled at any time, for good reason, i.e. without notice. If Expert Software Solutions GmbH terminates the contract because the customer has acted in breach of law or contrary to the contractual terms – even if Expert Software Solutions GmbH terminates the contract without notice for a good reason (in particular unreasonableness) – the customer shall owe Expert Software Solutions GmbH all costs incurred in this context.
5.1. Expert Software Solutions GmbH does not at any time guarantee uninterrupted or trouble-free operation of its services. Liability for damages resulting from interruptions in operation due to troubleshooting, maintenance or the introduction of new technologies is hereby excluded.
5.2. Expert Software Solutions GmbH does not guarantee the integrity of the data stored or transmitted via its system or the Internet. Expert Software Solutions GmbH shall not be liable for the accidental disclosure, damage or deletion of data stored, sent, and received via its system.
5.3. Expert Software Solutions GmbH may be inflicted by third parties through misuse of data (online/offline).
5.4. Any further liability of Expert Software Solutions GmbH and its vicarious agents for a specific technical or economic success, for indirect damage such as loss of profit, claims of third parties, as well as for consequential damage resulting from loss of production, loss of data and liability for slight negligence, are expressly excluded, subject to further mandatory statutory liability provisions.
5.5. Expert Software Solutions GmbH reserves the right in all cases to claim damages against the customer in case of offences (in particular data crime, data misuse and so-called hacking attacks) on the Expert Software Solutions GmbH network or infrastructure.
6. Data security
6.1. Even if Expert Software Solutions GmbH’s servers are backed up, the customer shall be responsible for backing up the transmitted data. This means that the customer shall make backup copies of the data he/she transmits to Expert Software Solutions GmbH in any form whatsoever. In the event of loss of data, the customer shall be obliged to retransfer the data concerned to Expert Software Solutions GmbH free of charge. Upon request, the customer may commission Expert Software Solutions GmbH to create the backups.
6.2. Expert Software Solutions GmbH, its employees, and agents ensure that customer data collected within the context of an order is treated confidentially and is not passed on to third parties.
7. Software EA-Experts
7.1. Expert Software Solutions GmbH’s services, products and performances etc. are not recommendations nor requests to buy or sell any financial instruments, to trade in the foreign exchange market or any other financial market and do not constitute investment advice. Expert Software Solutions GmbH provides a backend to illustrate the trading history of live accounts and illustrate the software solution provided by Expert Software Solutions GmbH. Expert Software Solutions GmbH assumes no liability for the functionality of the software. If the customer links the EA software to his live account, this is done based on the customer’s own decisions and on his/her own responsibility. The customer declares that he/she is aware of the risks involved and has read and understood the risk notice. Expert Software Solutions GmbH expressly recommends that findings be made about the possibilities, opportunities and especially the risks of the foreign exchange market and automated trading.
7.2. By concluding the contractual relationship, the customer acknowledges that he/she is aware of the following facts and risks and accepts them unconditionally: Trading on the stock exchanges can involve considerable risks and is not suitable for every investor. It is speculative and may not be suitable for every customer. An investor can lose his/her entire original investment or even see his/her original investment multiplied if he/she is obliged – for example through leverage – to add more capital. Venture capital is money that the customer can lose completely without jeopardizing his financial security or lifestyle. Only risk capital is to be used for trading. And only investors with sufficient risk capital should even consider trading. It is the customer’s duty to get thoroughly and comprehensively informed about the relevant risk before a transaction is concluded. Expert Software Solutions GmbH is neither a financial advisor supervised by financial market law nor do Expert Software Solutions GmbHbH’s products and services assumes full risk and responsibility for their own trading activities. Past performance is no indicator of future results. Individual results may vary due to a variety of market and time conditions.
7.3. No liability for third parties such as the Broker: Neither Expert Software Solutions GmbH nor Broker Affiliates shall assume liability for the products and services of third parties such as brokers to be called in by the customer, and no claims can be made for any misconduct or damage, which may have been caused by third parties or for which they are responsible.
7.4. Risk warning: The information and strategies presented by Expert Software Solutions GmbH do not constitute advice or investment services within the meaning of the German Securities Trading Act (Wertpapierhandelsgesetz) and do not constitute recommendations for action to buy or sale of any kind of securities, derivatives, indices, or currency pairs. Expert Software Solutions GmbH does not assume any liability for any financial losses that may arise. The offered rules / strategies are based on past events and do not give any guarantee for positive results in the future. Any re-trading is always at your own risk. The liability of Expert Software Solutions GmbH is therefore excluded. Trading with Forex, indices and CFDs involves considerably high risks. A total loss of the entire capital invested is conceivable at any time, even a loss of a multiple of the originally invested capital is conceivable if the customer opts to chip in additional capital contributions. The client must get detailly informed about the risks involved, before undertaking each transaction.
8. Rights and obligations of the customer
8.1. The customer shall be obliged to provide Expert Software Solutions GmbH in due time with all information and content necessary for the provision of the services.
8.2. The customer shall be obliged to provide Expert Software Solutions GmbH with his correct contact information (name, company, email, postal address) when placing an order and, in the event of changes, to immediately inform Expert Software Solutions GmbH (firstname.lastname@example.org) of the updated data without being requested to do so.
8.3. Expert Software Solutions GmbH may sublease or re-lease its obtained services to third parties only and exclusively upon corresponding agreement with Expert Software Solutions GmbH. In the event of any violation, Expert Software Solutions GmbH reserves the right to terminate the relevant contract without notice, or to claim for damages.
8.4. The customer shall be responsible for his/her own hardware and software components (including programs and PC configuration). Should malfunctions occur which require measures to be taken at the customer’s location and the malfunction cannot be remedied in any other way, the customer is obliged to adapt his system accordingly at his own expense or to cease operation. Otherwise Expert Software Solutions GmbH shall be entitled to unilaterally shut down the connection – permanently or temporarily.
8.5. The customer shall be responsible for taking the necessary safety precautions to ensure a secure data flow. He is responsible to Expert Software Solutions GmbH for the use of his account. Passwords and identifications should not be disclosed to third parties. If this is done by or at the request of the customer, the customer is responsible for the possible consequences. In particular, the customer himself shall ensure compliance with the statutory age limits and the protection of minors when accessing the Internet via the customer’s terminal equipment.
8.6. The Customer shall ensure that his/her use of the Internet complies with the locally applicable legal standards. In addition to criminal law, this also includes data protection, copyright, and related property rights.
8.7. The fees to be paid in advance shall be based on the respective contract between the customer and Expert Software Solutions GmbH.
9. Data traffic
9.1. The sending of advertising e-mails by the customer to third parties without having been requested to do so is not permitted. Expert Software Solutions GmbH reserves the right to block the customer’s account including software until the matter has been clarified. The sending of unsolicited mass mailings (spamming, mail, bombing) via the Expert Software Solutions GmbH servers is prohibited. Likewise, the operation of mailing lists to an extent that could affect the operational stability of the Expert Software Solutions GmbH systems is strictly prohibited. Such conduct shall be deemed to be misuse and shall result in the sanctions set mentioned above (clause 8). In case of misuse, Expert Software Solutions GmbH reserves the right to block the account including the customer’s software with immediate effect at the customer’s expense. Abusive use shall be deemed to include the failure of the Customer to fulfill their contractual obligations as set forth in Sections 8 and 9. The blocking shall remain in effect until the respective facts have been clarified or the customer provides evidence of the actual harmlessness of the contents.
9.2. Expert Software Solutions GmbH also reserves the right to block the customer’s account permanently or temporarily, at the customer’s expense, if the customer’s user behavior in any way impairs the operational behavior of the server. Expert Software Solutions GmbH expressly reserves the right to claim damages in any case of misuse of the hosting or violation of the General Terms and Conditions.
9.3. As a measure to uncover abusive behavior on the part of customers, software is used which analyzes all emails, and evaluates user behavior (Bayesian filter). This increases the probability of correctly detecting a SPAM email. The customer is aware that the emails identified as SPAM by the SPAM software will be deleted. The emails detected as viruses by the software shall be deleted. Expert Software Solutions GmbH generally disclaims any liability for undelivered emails.
10.1. Expert Software Solutions GmbH shall provide written support to assist its Customers in technical questions relating to the handling and installation of the services offered. The costs and operating hours of this service are published on the relevant platform and can be requested from Expert Software Solutions GmbH during normal office hours. Expert Software Solutions GmbH shall not bear any costs for support obtained by Customers from third parties.
10.2. Faults of any kind will be remedied as soon as possible. Expert Software Solutions GmbH shall not be liable for any financial claims whatsoever, in the event of interruptions of operations due to the rectification of malfunctions, maintenance work, introduction and installation of new technologies or similar circumstances.
10.3. The customer shall bear the costs incurred for the remediation of malfunctions which ensue from the examination carried out by Expert Software Solutions GmbH at the Customer’s request and which can be attributed to defects in the equipment used by the user or to errors in its handling.
11. Special provisions
11.1. The use of the Internet entails various data protection risks for the user. Expert Software Solutions GmbH endeavors to provide the most efficient security possible using economically reasonable, technically feasible and proportionate measures, but cannot give any guarantee if third parties misuse the data traffic via the Internet. Each participant is responsible for measures to secure and shield his data and his network against intrusion or other attacks on it by unauthorized third parties.
11.2. In the event of an evidence that a hacking attack by a customer or third party is made on an Expert Software Solutions GmbH Internet access, Expert Software Solutions GmbH reserves the right to disactivate the Internet access permanently or temporarily without prior notice. Furthermore, the customer in question will be excluded from all services and benefits provided by Expert Software Solutions GmbH for an indefinite period. Expert Software Solutions GmbH further reserves the right to take any civil or criminal action against the Customer or third parties concerned and to claim damages.
11.3. The Customer acknowledges the processing and use of data, insofar as such processing and use is necessary for the execution of the contractual obligations. To provide the customer with the best possible service, the customer shall enable internal data processing and data use, especially to inform the customer about the entire Expert Software Solutions GmbH product range. Expert Software Solutions GmbH reserves the right to disclose the customer’s identity to third parties upon reasonable request.
12. Invoicing / terms of payment
12.1. Invoicing shall be based on the agreed terms of the individual contract with the Customer. Unless otherwise declared, all prices quoted by Expert Software Solutions GmbH do not include value added tax to the current, legally valid scope. Invoicing shall be based on the agreed prices (contract or general price list) and onExpert Software Solutions GmbH’s records.
12.2. The Customer’s payment obligation shall commence upon conclusion of the contract. In case of default of payment, Expert Software Solutions GmbH reserves the right to take legal action and to block access, temporarily or permanently. For the reconnection, a processing fee of CHF 100 will be charged. For orders exceeding the amount of CHF 3,000, interest on arrears of 5% per annum shall be charged after the due date without reminder.
12.3. Invoices will be sent exclusively to the billing address provided by the Customer. In principle, a payment period of 14 days from delivery applies.
12.4. Prices are subject to change at any time.
13. Changes to the General Terms and Conditions
13.1. Expert Software Solutions GmbH reserves the right to amend these GTC at any time. The Customer will be informed about any changes by post or email. Once the amendments come into effect, the GTC shall be deemed accepted unless the customer objects to the amended provisions in writing to Expert Software Solutions GmbH.
14. Partial invalidity
14.1. Should one or more provisions of these General Terms and Conditions prove to be null and void or invalid, this shall not affect the remaining provisions, which shall remain unchanged and shall retain their validity.
The void provision(s) shall be replaced by economically equivalent, lawful provisions that are as economically viable as possible.
15. Place of jurisdiction
15.1. The law of the Canton of Zug, Switzerland, shall exclusively apply to legal relationships which are subject to or refer to these GTC. Any disputes arising directly or indirectly from these GTC or the legal relations between Expert Software Solutions GmbH and the Customers shall be subject to the exclusive jurisdiction of the courts of Zug, Switzerland.
The translation of the GTCs ofExpert Software Solutions GmbH into English and Spanish is for information purposes only. In the event of questions of interpretation, the German version shall prevail.