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T&C
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PROVIDER SERVICES AND ENHANCEMENTS.
Provider will:
A. keep the System functional;
B. provide support services
C. store and back-up the User Data in the System.
CUSTOMER'S RESPONSIBILITIES
Customer shall be exclusively responsible for set-up of access to the independent exchange account for
its use of the Software, System and Documentation, including without limitation; (a) assuring proper
transmission of the correct API keys; and ( non interference with the software’s operation by manually
entering orders on the same account which the software is linked to for operation on the independent
exchange.
PERFORMANCE AND AVAILABILITY
Provider guarantees that the System and Software will be accessible at least 99.5% of the time, except
for Scheduled Downtime. PROVIDER IS NOT RESPONSIBLE FOR LOSS OF CAPITAL, SLIPPAGE, CANCELLED,
UNFILLED OR MISSED ORDERS OR DESTROYED USER DATA, WHICH LOSS OR DESTRUCTION SHALL BE AT
CUSTOMER'S SOLE RISK IN CASE OF SCHEDULED DOWNTIME OR SERVICE INTERUPTIONS OR ERRORS OR
UNSCHEDULED DOWNTIME ON THE INDEPENDENT EXCHANGE TO WHICH THE SOFTWARE IS LINKED
FOR OPERATION. Provider will use its commercially reasonable efforts to notify Customer at least
twenty- four (24) hours in advance of any Scheduled Downtime. Provider will use reasonable
commercial efforts to perform scheduled maintenance outside of Customer’s normal business hours to
provide the least amount of disruption.
WARRANTIES AND REPRESENTATIONS; WARRANTY DISCLAIMERS
Provider represents and warrants to Customer that: (a) Provider has the power and authority to enter
into this Agreement; (
the services performed under this Agreement will be performed in a
professional and workman-like manner in accordance with normally accepted industry standards, and
with a degree of care, skill and expertise as is standard for the provision of services of a similar nature;
and © that the Software and System will perform substantially in accordance with the Documentation.
EXCEPT AS OTHERWISE PROVIDED HEREIN, PROVIDER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS, PURPOSE, OR
MERCHANTABILITY, OR OF THE ACCURACY OF RESULTS OBTAINED THROUGH CUSTOMER'S USE OF
THE SOFTWARE, DATA AND/OR SYSTEM. CUSTOMER ACKNOWLEDGES THAT ANY CAPITAL
CONTAINED IN CUSTOMER’S ACCOUNT AT THE INDEPENDENT EXCHANGE TO WHICH THE SOFTWARE
IS LINKED FOR OPERAGTION IS DEPOSITED AT CUSTOMER'S SOLE RISK AND DISCRETION. PROVIDER IS
NOT LIABLE OR RESPONSIBLE FOR ANY LOSSES INCURRED THROUGH THE USE OF THE SOFTWARE OR
SYSTEM. PROVIDER DOES NOT WARRANT OR REPRESENT THAT ACCESS TO THE SOFTWARE OR
SYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE. OPERATION OF THE SYSTEM MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PROVIDER'S CONTROL.
CONFIDENTIAL INFORMATION
A. Each party acknowledges it may have access to Confidential Information of the other party. Each
party agrees to keep the Confidential Information of the other party confidential and to take all
reasonable precautions, at least to the same degree of care and precautions the recipient would take to
protect the confidential nature of its own information, not to disclose, copy, distribute or otherwise
disseminate the Confidential Information to any third parties. The receiving party may disclose the
Confidential Information only to those employees, agents and subcontractors who have a legitimate
business reason to have such access, and are subject to the requirement to abide by a non- disclosure
agreement substantially similar to this Agreement's non-disclosure obligations.
B. The obligations of this Section shall not apply to information (a) which is published or available to the
public other than by breach of this Agreement; ( otherwise rightfully received by the non-disclosing
party from a third party without obligations of confidentiality; © independently developed by the nondisclosing party's employees having no access to the disclosed information; (d) known to the nondisclosing party before receiving the Confidential Information from the disclosing party under this or any
prior agreement of the parties; (e) disclosed by the disclosing party to a third party without restrictions;
or (f) is disclosed under operation of law; or (g) is disclosed by recipient with discloser's prior written
approval.
PROVIDER SERVICES AND ENHANCEMENTS.
Provider will:
A. keep the System functional;
B. provide support services
C. store and back-up the User Data in the System.
CUSTOMER'S RESPONSIBILITIES
Customer shall be exclusively responsible for set-up of access to the independent exchange account for
its use of the Software, System and Documentation, including without limitation; (a) assuring proper
transmission of the correct API keys; and ( non interference with the software’s operation by manually
entering orders on the same account which the software is linked to for operation on the independent
exchange.
PERFORMANCE AND AVAILABILITY
Provider guarantees that the System and Software will be accessible at least 99.5% of the time, except
for Scheduled Downtime. PROVIDER IS NOT RESPONSIBLE FOR LOSS OF CAPITAL, SLIPPAGE, CANCELLED,
UNFILLED OR MISSED ORDERS OR DESTROYED USER DATA, WHICH LOSS OR DESTRUCTION SHALL BE AT
CUSTOMER'S SOLE RISK IN CASE OF SCHEDULED DOWNTIME OR SERVICE INTERUPTIONS OR ERRORS OR
UNSCHEDULED DOWNTIME ON THE INDEPENDENT EXCHANGE TO WHICH THE SOFTWARE IS LINKED
FOR OPERATION. Provider will use its commercially reasonable efforts to notify Customer at least
twenty- four (24) hours in advance of any Scheduled Downtime. Provider will use reasonable
commercial efforts to perform scheduled maintenance outside of Customer’s normal business hours to
provide the least amount of disruption.
WARRANTIES AND REPRESENTATIONS; WARRANTY DISCLAIMERS
Provider represents and warrants to Customer that: (a) Provider has the power and authority to enter
into this Agreement; (
the services performed under this Agreement will be performed in aprofessional and workman-like manner in accordance with normally accepted industry standards, and
with a degree of care, skill and expertise as is standard for the provision of services of a similar nature;
and © that the Software and System will perform substantially in accordance with the Documentation.
EXCEPT AS OTHERWISE PROVIDED HEREIN, PROVIDER MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS, PURPOSE, OR
MERCHANTABILITY, OR OF THE ACCURACY OF RESULTS OBTAINED THROUGH CUSTOMER'S USE OF
THE SOFTWARE, DATA AND/OR SYSTEM. CUSTOMER ACKNOWLEDGES THAT ANY CAPITAL
CONTAINED IN CUSTOMER’S ACCOUNT AT THE INDEPENDENT EXCHANGE TO WHICH THE SOFTWARE
IS LINKED FOR OPERAGTION IS DEPOSITED AT CUSTOMER'S SOLE RISK AND DISCRETION. PROVIDER IS
NOT LIABLE OR RESPONSIBLE FOR ANY LOSSES INCURRED THROUGH THE USE OF THE SOFTWARE OR
SYSTEM. PROVIDER DOES NOT WARRANT OR REPRESENT THAT ACCESS TO THE SOFTWARE OR
SYSTEM WILL BE UNINTERRUPTED, ERROR FREE OR SECURE. OPERATION OF THE SYSTEM MAY BE
INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF PROVIDER'S CONTROL.
CONFIDENTIAL INFORMATION
A. Each party acknowledges it may have access to Confidential Information of the other party. Each
party agrees to keep the Confidential Information of the other party confidential and to take all
reasonable precautions, at least to the same degree of care and precautions the recipient would take to
protect the confidential nature of its own information, not to disclose, copy, distribute or otherwise
disseminate the Confidential Information to any third parties. The receiving party may disclose the
Confidential Information only to those employees, agents and subcontractors who have a legitimate
business reason to have such access, and are subject to the requirement to abide by a non- disclosure
agreement substantially similar to this Agreement's non-disclosure obligations.
B. The obligations of this Section shall not apply to information (a) which is published or available to the
public other than by breach of this Agreement; (
otherwise rightfully received by the non-disclosingparty from a third party without obligations of confidentiality; © independently developed by the nondisclosing party's employees having no access to the disclosed information; (d) known to the nondisclosing party before receiving the Confidential Information from the disclosing party under this or any
prior agreement of the parties; (e) disclosed by the disclosing party to a third party without restrictions;
or (f) is disclosed under operation of law; or (g) is disclosed by recipient with discloser's prior written
approval.
