Common use of Your Obligations and Responsibilities Clause in Contracts

Your Obligations and Responsibilities. 8.1 It is your sole responsibility to ensure that you are clear as to the functionality, design and/or other features of the requested Products, and (where you are a reseller) it is your sole responsibility to meet any needs or requirements of your end customers in respect of the Products. For the avoidance of doubt (subject to paragraph 10.1) Infinigate (UK) shall have no liability in respect of any one or more of these matters. 8.2 You must check the Products (or, in the case of Software, test the relevant Software to ensure that it is working) immediately upon receipt for completeness, compliance with the delivery documents and defectiveness. If no written complaint within seven (7) days from the delivery date has been made by you, the Products are considered as irrevocably accepted by you, unless it concerns a manifest defect which was not detectable at the time of first inspection by you. 8.3 If the delivered Products show visible damages or missing parts then you must record them on the notice of receipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall. 8.4 In case Services have to be provided within your business environment and/or your premises, you must ensure that such services can be provided properly (including, without limitation, that the relevant area is clear and safe for any installations required in respect of the Services). If this is not the case and for this reason the Services cannot be provided as expected, you shall bear sole responsibility. You will support Infinigate (UK) by ensuring, using your best endeavours and at your own expense, that the agreed Services can be provided by Infinigate (UK) and provide Infinigate (UK) with all information and documents necessary for the provision of the relevant Services. Should you not comply with your obligations under this paragraph 8.4, Infinigate (UK) is not obliged to perform the relevant Services. 8.5 If you are in default of any of your obligations under these Terms and Conditions or you provide any relevant information or carry out any action as required under these Terms and Conditions, then you are obliged to indemnify Infinigate (UK) for any costs, losses and/or expenses incurred by Infinigate (UK) due to any default, delay or omission on your part.

Your Obligations and Responsibilities. 8.1 It is your sole responsibility to ensure that you are clear as to the functionality, design and/or other features of the requested Products, and (where you are a reseller) it is your sole responsibility to meet any needs or requirements require- ments of your end customers in respect of the Products. For the avoidance of doubt (subject to paragraph 10.1) Infinigate (UK) shall have no liability in respect of any one or more of these matters. 8.2 You must check the Products (or, in the case of SoftwareSoft- xxxx, test the relevant Software to ensure that it is workingwork- ing) immediately upon receipt for completeness, compliance compli- ance with the delivery documents and defectiveness. If no written complaint within seven eight (7) 8) days from the delivery deliv- ery date has been made by you, the Products are considered con- sidered as irrevocably accepted by you, unless it concerns con- cerns a manifest defect which was not detectable at the time of first inspection by you. 8.3 If the delivered Products show visible damages or missing miss- ing parts then you must record them on the notice of receipt re- ceipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall. 8.4 In case Services have to be provided within your business busi- ness environment and/or your premises, you must ensure en- sure that such services can be provided properly (includinginclud- ing, without limitation, that the relevant area is clear and safe for any installations required in respect of the ServicesSer- vices). If this is not the case and for this reason the Services Ser- vices cannot be provided as expected, you shall bear sole responsibility. You will support Infinigate (UK) by ensuringensur- ing, using your best endeavours and at your own expenseex- pense, that the agreed Services can be provided by Infinigate (UK) Infi- nigate and provide Infinigate (UK) with all information and documents doc- uments necessary for the provision of the relevant ServicesSer- vices. Should you not comply with your obligations under this paragraph 8.4, Infinigate (UK) is not obliged to perform the relevant Services. 8.5 If you are in default of any of your obligations under these Terms and Conditions or you provide any relevant information infor- mation or carry out any action as required under these Terms and Conditions, then you are obliged to indemnify Infinigate (UK) for any costs, losses and/or expenses incurred by Infinigate (UK) due to any default, delay or omission on your part.

Your Obligations and Responsibilities. 8.1 It is your sole responsibility to ensure that you are clear as to the functionality, design and/or other features of the requested Products, and (where you are a reseller) it is your sole responsibility to meet any needs or requirements require- ments of your end customers in respect of the Products. For the avoidance of doubt (subject to paragraph 10.1) Infinigate (UK) shall have no liability in respect of any one or more of these matters. 8.2 You must check the Products (or, in the case of SoftwareSoft- ware, test the relevant Software to ensure that it is workingwork- ing) immediately upon receipt for completeness, compliance compli- ance with the delivery documents and defectiveness. If no written complaint within seven eight (7) 8) days from the delivery deliv- ery date has been made by you, the Products are considered con- sidered as irrevocably accepted by you, unless it concerns con- cerns a manifest defect which was not detectable at the time of first inspection by you. 8.3 If the delivered Products show visible damages or missing miss- ing parts then you must record them on the notice of receipt re- ceipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall. 8.4 In case Services have to be provided within your business busi- ness environment and/or your premises, you must ensure en- sure that such services can be provided properly (includinginclud- ing, without limitation, that the relevant area is clear and safe for any installations required in respect of the ServicesSer- vices). If this is not the case and for this reason the Services Ser- vices cannot be provided as expected, you shall bear sole responsibility. You will support Infinigate (UK) by ensuringensur- ing, using your best endeavours and at your own expenseex- pense, that the agreed Services can be provided by Infinigate (UK) Infi- nigate and provide Infinigate (UK) with all information and documents doc- uments necessary for the provision of the relevant ServicesSer- vices. Should you not comply with your obligations under this paragraph 8.4, Infinigate (UK) is not obliged to perform the relevant Services. 8.5 If you are in default of any of your obligations under these Terms and Conditions or you provide any relevant information infor- mation or carry out any action as required under these Terms and Conditions, then you are obliged to indemnify Infinigate (UK) for any costs, losses and/or expenses incurred by Infinigate (UK) due to any default, delay or omission on your part.

Your Obligations and Responsibilities. 8.1 It 6.1 You shall perform the Services including without limitation your obligations under this Agreement and otherwise conduct your business and affairs in accordance with such professional and ethical standards as are widely regarded as being best practice and in accordance with Applicable Regulations. You shall not take any steps which would cause us to fail to observe the standard of behaviour reasonably expected of persons in our position and will comply with all applicable laws and rules and requirements applicable to you or us and disclose to us promptly any complaint, regulatory investigation, or disciplinary action or any other development that may have a material impact on your ability to provide the Services in accordance with Applicable Regulations. 6.2 All instructions and orders concerning each Client’s account shall be transacted by the Client or an agent of the Client acting under a valid Power of Attorney. Instructions or orders received via our Trading Platform or telephone dealing will be carried out during our normal business hours allowing us sufficient time to act upon them and according to the Client Agreement. You agree that acceptance of an instruction to withdraw or amend an existing order is your sole responsibility always subject to ensure us receiving the instruction in time for the appropriate action to be taken. 6.3 Subject to any restrictions contained in this Agreement, you shall provide the Services or such other services which may from time to time in our reasonable opinion become necessary and which are notified in writing by us to you and agreed between us. 6.4 You shall: (a) not take or omit to take any action which you know or ought reasonably to know is reasonably likely to prejudice or to bring into disrepute in any manner our business or reputation or that of any of our associates; (b) not knowingly do or commit (or permit to be done or committed) any act, matter or thing that you are clear as know or ought reasonably to the functionality, design and/or other features know is reasonably likely to put us in breach of any of the requested Productsprovisions of the Client Agreement or Applicable Regulations; (c) not make any representation or warranty concerning us except as authorised by us; (d) not, in your capacity as introducer, incur any liability on our behalf or in any way pledge or offer our credit or accept or enter into any contract binding upon us; and (e) at times act in good faith for and towards us; (where f) not in any way represent to any Client that you or will guarantee such Client against loss, limit the loss of such Client or not call for or attempt to collect required initial margin maintenance margin as established by us; (g) not do anything, which is either intended or has the effect of creating a binding contract or arrangements between us and any other third person or of engaging us in any liability. 6.5 You shall not at any time hold any assets belonging to Clients or money which is or is to be treated as client money under the CySEC Rules. 6.6 Upon our request, you shall provide us with your annual audited financial statements within three months of the end of your accounting reference period or, if you are an individual, you shall provide us with such evidence of your financial standing as we may reasonably request from time to time. 6.7 Throughout the period of this Agreement, if you are a resellerlegal entity you will make available such suitable personnel (including, upon our reasonable request, a senior officer) it is your sole responsibility to meet any needs or requirements of your end customers in respect of both during the Products. For the avoidance of doubt (subject to paragraph 10.1) Infinigate (UK) shall have no liability in respect of any one or more of these matters. 8.2 You must check the Products (or, normal business hours and outside normal business hours in the case of Softwareemergency as shall be reasonably necessary to enable you to perform your obligations hereunder and to monitor and make available information relevant to all documentation prepared by us for the purpose of processing relevant transactions and dealing with any queries arising there from, test and shall also make available such other facilities of liaison, co-ordination and co-operation as shall reasonably be necessary to facilitate the relevant Software efficient carrying out of your obligations envisaged under this Agreement. In the event that you are a natural person, you will take all reasonable steps to ensure that it is working) immediately upon receipt for completeness, compliance with the delivery documents and defectiveness. If no written complaint within seven (7) days from the delivery date has been made by you, the Products are considered as irrevocably accepted by you, unless it concerns a manifest defect which was not detectable at the time of first inspection by youperform your obligations hereunder. 8.3 If 6.8 You shall, save to the delivered Products show visible damages or missing parts then you must record them on the notice of receipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall. 8.4 In case Services have extent necessary to be provided within your business environment and/or your premises, you must ensure that such services can be provided properly (including, without limitation, that the relevant area is clear effect introductions hereunder and safe for any installations required in respect of the Services). If this is not the case and for this reason the Services cannot be provided as expected, you shall bear sole responsibility. You will support Infinigate (UK) by ensuring, using your best endeavours and at your own expense, that the agreed Services can be provided by Infinigate (UK) and provide Infinigate (UK) with all information and documents necessary for the provision of the relevant Services. Should you not comply with to perform your obligations under this paragraph 8.4Agreement (and notwithstanding any termination of this Agreement), Infinigate (UK) is keep all information relating to us or our services strictly confidential and shall not obliged disclose the same to perform any other person or seek to utilise the relevant Servicessame in order to obtain any commercial advantage over us for yourself or any other person or entity. 8.5 If you are 6.9 You shall maintain appropriate records in default of any relation to your Services and provide us with such information on the performance of your obligations under these Terms and Conditions this Agreement as is agreed between us in writing from time to time or you provide any relevant information or carry out any action as otherwise reasonably required under these Terms and Conditions, then by us in writing in order to satisfy us that you are obliged performing your obligations effectively and in accordance with the Applicable Regulations. 6.10 You agree that upon reasonable written notice you will co-operate with CySEC and any other relevant regulator of us in relation to indemnify Infinigate (UK) the matters covered by this Agreement. 6.11 You agree that upon reasonable written notice you will grant effective access to data which you hold or to which you have a right of access to in relation to the matters covered by this Agreement, and to your business premises, to us, our auditors, and CySEC and any other relevant regulator. 6.12 You agree that any “Promotional material” must be reviewed and approved by us prior to publication and distribution to existing or prospective Clients. Promotional Material includes all written material generated by us or you. Promotional material also includes published written texts, compliance and procedures memoranda and manuals, training materials, advertisements, research reports, correspondence to Clients or prospective Clients, as well as market analyses, newsletters and generally anything written that assists in the solicitation process. 6.13 You agree that you will notify us any of any other business activities entered into you during the term of this Agreement and you will provide us with information, as requested, regarding said activity. 6.14 You are independent of us and you shall have no authority to bind us in any way unless specifically contemplated herein or agreed by us in writing. 6.15 In the event that you become our Client for your own account, you will produce any costs, losses and/or expenses incurred by Infinigate (UK) due evidence we may require in order to verify that you are indeed trading for you own account. 6.16 You will not manage your Clients’ trading accounts opened with us. 6.17 Without prejudice to any defaultprovision contained herein, delay you are strictly forbidden to advertise direct URL of our website (xxxx://xxx.xxxxxxxxx.xx) by means of a referral link such as xxx.xxxxxxxxx.xx/?xxx=XX_Xxxx or omission on your partin contextual advertising systems such as Yandex.Direkt, Begun, Google Adwords, manner networks, or internet catalogues, etc. You are also strictly forbidden to use forced redirects to send visitors to any of our official websites, whether present or future

Your Obligations and Responsibilities. 8.1 It is your sole responsibility to ensure that you are clear as to the functionality, design and/or other features of the requested Products, and (where you are a reseller) it is your sole responsibility to meet any needs or requirements require- ments of your end customers in respect of the Products. For the avoidance of doubt (subject to paragraph 10.1) Infinigate (UK) shall have no liability in respect of any one or more of these matters. 8.2 You must check the Products (or, in the case of SoftwareSoft- xxxx, test the relevant Software to ensure that it is workingwork- ing) immediately upon receipt for completeness, compliance compli- ance with the delivery documents and defectiveness. If no written complaint within seven eight (7) 8) days from the delivery deliv- ery date has been made by you, the Products are considered con- sidered as irrevocably accepted by you, unless it concerns con- cerns a manifest defect which was not detectable at the time of first inspection by you. 8.3 If the delivered Products show visible damages or missing miss- ing parts then you must record them on the notice of receipt re- ceipt of the transport company in writing upon delivery. The note must clearly state the damage or the shortfall. 8.4 In case Services have to be provided within your business busi- ness environment and/or your premises, you must ensure en- sure that such services can be provided properly (includinginclud- ing, without limitation, that the relevant area is clear and safe for any installations required in respect of the ServicesSer- vices). If this is not the case and for this reason the Services Ser- vices cannot be provided as expected, you shall bear sole responsibility. You will support Infinigate (UK) by ensuringensur- ing, using your best endeavours and at your own expenseex- pense, that the agreed Services can be provided by Infinigate (UK) Infi- nigate and provide Infinigate (UK) with all information and documents doc- uments necessary for the provision of the relevant ServicesSer- vices. Should you not comply with your obligations under this paragraph 8.4, Infinigate (UK) is not obliged to perform the relevant Services. 8.5 If you are in default of any of your obligations under these Terms and Conditions or you provide any relevant information infor- mation or carry out any action as required under these Terms and Conditions, then you are obliged to indemnify Infinigate (UK) for any direct costs, losses and/or expenses incurred in- curred by Infinigate (UK) due to any default, delay or omission on your part.