Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices. 8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own. 8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including: a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client; b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions; c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates. d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account; e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina l; f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one. 8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to: 8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account; 8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their trading account. 8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company. 8.5.1. If the Company has repudiated the Agreement with the Client for the violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow. 8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement. 8.7. The Company is not responsible in the event of a discrepancy between the informa t ion displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le on the Company’s server. 8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company. 8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions. 8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company. 8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access. 8.12. The Company is not responsible for breach (improper fulfillment) of its obligations specified in the Agreement if such breach was caused by force majeure events or other exceptional situatio ns stated in the Agreement or its appendices. 8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated. 8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 3 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion information whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. Terminal. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion violation of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion information displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le available on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion information provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible for breach (improper fulfillment) of its obligations specified in the Agreement if such breach was caused by force majeure events or other exceptional situatio ns situations stated in the Agreement or its appendices.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representativesemployees, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, actions coordinated with the other Company’s Clients and/or affiliates of the Client, Client aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. ; (In any event, the “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family membersmembers , partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their his/her actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their his/her trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the a violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s Client transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their his/her Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible assumes no liability for breach the failure to perform (improper fulfillmentto properly perform) of its obligations specified in under the Agreement Agreement, if such breach performance was caused hindered by force majeure events or other exceptional situatio ns stated in the Agreement or its appendicesevents.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representativesemployees, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, actions coordinated with the other Company’s Clients and/or affiliates of the Client, Client aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. ; (In any event, the “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion information whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their his/her actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. Terminal. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their his/her trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion violation of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the a violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion information displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le available on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion information provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s Client transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their his/her Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible assumes no liability for breach the failure to perform (improper fulfillmentto properly perform) of its obligations specified in under the Agreement Agreement, if such breach performance was caused hindered by force majeure events or other exceptional situatio ns stated in the Agreement or its appendicesevents.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion information whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. Terminal. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion violation of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion information displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le available on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion information provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible for breach (improper fulfillment) of its obligations specified in the Agreement if such breach was caused by force majeure events or other exceptional situatio ns situations stated in the Agreement or its appendices.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representativesemployees, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, actions coordinated with the other Company’s Clients and/or affiliates of the Client, Client aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. ; (In any event, the “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion information whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their his/her actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. Terminal. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their his/her trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion violation of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the a violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion information displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le available on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion information provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s Client transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their his/her Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible assumes no liability for breach the failure to perform (improper fulfillmentto properly perform) of its obligations specified in under the Agreement Agreement, if such breach performance was caused hindered by force majeure events or other exceptional situatio ns stated in the Agreement or its appendicesevents.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 1 contract
Samples: Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representativesemployees, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, actions coordinated with the other Company’s Clients and/or affiliates of the Client, Client aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. ; (In any event, the “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their his/her actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their his/her trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the a violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion provided to the Client, including, but not limited to, information about the ClientC lient’s trading transactions. The Company reserves the right to cancel or close any Client’s Client transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their his/her Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible assumes no liability for breach the failure to perform (improper fulfillmentto properly perform) of its obligations specified in under the Agreement Agreement, if such breach performance was caused hindered by force majeure events or other exceptional situatio ns stated in the Agreement or its appendicesevents.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 1 contract
Samples: Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion io n whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion io n of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion io n displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion io n provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible for breach (improper fulfillment) of its obligations specified in the Agreement if such breach was caused by force majeure events or other exceptional situatio ns stated in the Agreement or its appendices.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 1 contract
Samples: Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t informat ion whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion violation of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t informat ion displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le available on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential essentia l conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t informat ion provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible for breach (improper fulfillment) of its obligations specified in the Agreement if such breach was caused by force majeure events or other exceptional situatio ns stated in the Agreement or its appendices.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 1 contract
Samples: Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representativesemployees, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, actions coordinated with the other Company’s Clients and/or affiliates of the Client, Client aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. ; (In any event, the “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their his/her actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their his/her trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the a violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s Client transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their his/her Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible assumes no liability for breach the failure to perform (improper fulfillmentto properly perform) of its obligations specified in under the Agreement Agreement, if such breach performance was caused hindered by force majeure events or other exceptional situatio ns stated in the Agreement or its appendicesevents.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 1 contract
Samples: Service Agreement
Responsibility of the Parties. 8.1. The responsibilities of the Parties to the Agreement is determined by the terms of the Agreement and its appendices.
8.2. The Company is responsible only for real loss caused to the Client as a result of the Company’s deliberate failure to fulfill its obligations specified in the Agreement. The Company is responsible for the actions of its representatives, departments, and payment agents as for its own.
8.3. The Client is responsible to the Company for damages incurred by the Company due to a fault of the Client, including:
a) damages caused as a result of the Client’s failure to provide (or late provision) of any documents that must be provided to the Company under the Agreement and its appendices, and for damages caused to the Company because of any misstatement contained in the documents provided by the Client;
b) damages caused to the Company because of the abuse of the Company’s services provided to the Client, including damage (damages) caused to the Company by using the robotized and automated transaction algorithms and/or special software tools and other tools, devices, methods, and techniques that facilitate or contribute to the violation of the principle of integrity, honesty and fairness in the execution of transactions;
c) damages caused by the Client as a result of actions, coordinated with the other Company’s Clients and/or affiliates of the Client, aimed at causing losses to the Company; for other damages caused to the Company by the Client by using the other unfair and dishonest methods and techniques for making trades (executing transactions) with the Company, including the usage of bonuses. In any event, “the Client’s affiliates” refers to any of the following persons with regard to their relationship with the Client: those in a kinship relationship of any degree, family members, partners, or other relations, those residing at the same address, those using the same devices, those engaged as the Company’s Clients by the same partner or the Client of the Company, and those engaged in any collective activity with or without the formation of a legal entity. The Company reserves the right to expand the list of situations and attributes based upon which the Client and third parties may be recognized as affiliates.
d) if there is sufficient evidence to suggest that the Client attempted to illegally use the software provided by the Company and the funds transferred to the Company’s account;
e) damages caused to the Company as a result of deriving income from the use of the technical features of the quote-feed updating system in the Trading Terminal, and deriving income from the use of the software errors and vulnerabilities in the Trading Termina lTerminal;
f) damages caused to the Company by the Client’s use of insider, confidential, or other informa t ion whereby the Client was provided with any kind of advantages in making trades with the Company. The Company has the right to deduct the aforesaid damages from the Client’s account and/or the accounts of other persons (if it is established that these accounts belong to the Client (or the Client’s accomplices) by means of the Company’s technical and other equipment and tools). The Company also has the right to block further transactions in the Trading Terminal and the personal area to the Clients with respect to whom the Company has sufficient grounds and suspicions to classify their actions (including collective actions with other Clients) as aimed at causing damages to the Company, and to transfer funds from the Client’s account to the Company’s one.
8.4. If the Client violates the Agreement, the Company reserves the right, at its own discretion, to:
8.4.1. revise the amount of the Company’s financial obligations to the Client and amend the data (balance) of the Client’s Account;
8.4.2. suspend the provision of the services to the Client and block access to the Trading Termina l. If the Company blocks the Client’s access to the Trading Terminal, the Client is obliged to take all necessary and reasonable steps to remedy the reasons for blocking access to the Trading Terminal. If the Client does not take any measures or actions to remedy the mentioned reasons within thirty (30) days, the Company reserves the right to deduct all the funds from the trading account. The Company reserves the right but is not obligated to recover all the deducted funds back into the Client’s trading account if the Client satisfies all the requirements needed to lift the block on their trading account.
8.5. If the Client violates any terms of the Agreement and its integral parts listed in Cl. 1.2., including the refusal to undergo the necessary checks and provide the necessary information, the Company has the right to repudiate the Agreement, to void any Client’s transaction, to close one, several, or all the Client’s trades at any time at its discretion, and stop rendering the services to the Client, returning or without returning the funds to the Client at its own discretion. Any violat ion of the terms listed in this clause deprives the Client of the right to demand a payment or a refund from the Company.
8.5.1. If the Company has repudiated the Agreement with the Client for the violation of the terms of the Agreement, the Client has no right to open a new account, including by entering third party’s data during registration. If the Company reveals the Client’s violation specified in this clause, the consequences stipulated in Cl. 8.5. of the Agreement follow.
8.6. The Company is not responsible to the Client for any damages, losses, lost profit, missed opportunities (including, but not limited to, due to possible market fluctuations), expenses, or detriment incurred by the Client as a result of making trades pursuant to the terms of the Agreement.
8.7. The Company is not responsible in the event of a discrepancy between the informa t ion displayed in the Client’s Trading Terminal and the information on the Company’s server in the process of defining the financial result of the Client’s trades. To resolve such discrepancy, the Company will adjust the data in the Trading Terminal in accordance with the information availab le on the Company’s server.
8.8. The Company is not responsible for the Client’s damages if such damages resulted from hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc. directly used to agree on the essential conditions of the Client’s transactions or ensure other Company’s operating procedures that occurred through no fault of the Company.
8.9. The Company is not responsible for technical failures and/or interruptions in the Trading Terminal’s operation that occurred as a result of hacker attacks, accidents in (malfunctions of) computer networks, communication networks, power lines, and/or telecommunication systems, etc., and for the Client’s damages resulting from such malfunctions and/or interruptions.
8.10. The Company is not responsible for the results of transactions that the Client decided to make on the basis of analytical materials provided by the Company and/or third parties. The Client has been informed that transactions made in accordance with the Agreement bear the risk of not receiving the expected income and the risk of loss of some or all of the money deposited in his/her Client’s Account. The Client acknowledges that unless there is fraud, a deliberate breach of obligations, or gross negligence on the part of the Company, the Company is not responsible for any losses, expenses, costs and damages of the Client resulting from the inaccuracy of informa t ion provided to the Client, including, but not limited to, information about the Client’s trading transactions. The Company reserves the right to cancel or close any Client’s transaction under the conditions established in the Agreement. However, all transactions executed by the Client as a result of inaccurate information or error remain valid and must be fulfilled by both the Client and the Company.
8.11. The Company is not responsible for any losses the Client may incur in the event of a theft, loss, or disclosure of their Trading Terminal password to third parties. The Client assumes full responsibility for protecting his/her password and safeguarding it against unauthorized third-party access.
8.12. The Company is not responsible for breach (improper fulfillment) of its obligations specified in the Agreement if such breach was caused by force majeure events or other exceptional situatio ns stated in the Agreement or its appendices.
8.13. The Company is not responsible for any indirect, special, arbitrary, or punitive damages incurred by the Client, including, but not limited to, lost profit, loss of expected savings, or loss of income, even if the Client was informed by the Company about the possibility of such damages. Non-pecuniary damage is not compensated.
8.14. The Company reserves the right to consider the Client’s breaches at any time, regardless of when the breach took place, and if the breaches are discovered by the Company, to take measures in accordance with the Agreement.
Appears in 1 contract
Samples: Service Agreement
