General Terms and Conditions for Use
Valid from the 1st day of the month of September in the year 2013.
|Web address of the website:||www.ultrafxvps.com|
|Operator of the website:||Moneywheel Research Zrt. (hereinafter referred to as the "Company")|
|Registered office:||H-2120 Dunakeszi, Munkás u. 34. sz.|
|Trade Register No.:||13-10-041215|
By opening, browsing and/or using the website operated by the Company at www.ultrafxvps.com, the user acknowledges and agrees to be bound by the Terms and Conditions of Use set out hereinunder.
The Company strives to guarantee that the information and data on the website originate from sources believed to be reliable; however, such information and data are for information purposes only and shall not be considered an invitation to conclude any stock exchange transaction whatsoever.
The names, expressions, logos, images, graphics, ideas, data and information displayed on the Website are subject to copyright and other intellectual property rights, and any unauthorised use of any such materials may violate copyright, trademark and other laws.
Pursuant to the aforegoing we inform the users of the Website that the documents and analyses displayed on the Website and/or any part hereof may not be reproduced, transmitted or distributed without the prior written consent of the Company.
The Company declines any liability whatsoever for any losses and damages arising out of or in connection with the use of the Website, including but not limited to any failure of performance, unavailability for access, failure of telecommunications lines, system error, omission, interruption, computer virus, any unauthorised data modification by any third party, and/or any other cause, whether similar or dissimilar to any of the aforegoing.
VPS services are provided by the Company based on individual agreements, following registration of the client in the system. The contractual parties shall conclude the respective agreements separately. Our UltraFX VPS (Virtual Private Server) service allows our clients to reduce delays due to distance. The VPS and rack space offered by us are located in the Equinix LD4 Data Center in London, at the same location where the LMAX Exchange server is operated.
Customer Service is available on weekdays from 9:00 to 17:00 by telephone. The telephone calls are not recorded, consequently the contents thereof shall not be considered a proposal and/or an agreement, and the parties shall not be bound thereby in any manner whatsoever.
Customer Service shall respond to written inquiries by e-mail within 48 hours, by e-mail sent to the original sender's e-mail address.
Clients must register in order to use the Website; such registration shall include the potential client's name, e-mail address, telephone number and any other personal details required for the conclusion of the respective separate agreement. The Company will not verify the authenticity of such data; therefore the person effecting such registration hereby represents and warrants that the data provided are true, authentic and refer to the person providing such data. The Company declines any liability whatsoever in this regard.
Data Management and Data Protection Rules
The purpose of the Data Management and Data Protection Rules is to specify the data considered to be the personal data of the person registered in the Website and the rules of data management; furthermore to ensure that the constitutional principles of data protection and data safety are complied with, and to prevent any unauthorised access to any such data, their unauthorised alteration, unauthorised disclosure and/or unauthorised use.
Data Protection Laws
- Section 83 of Act IV of 1959 on the Hungarian Civil Code;
- Act LXIII of 1992 on the Protection of Personal Data and the Disclosure of Information of Public Interest (the "Data Protection Act");
- the dispositions set out in Section 154 of Act C of 2003 on Electronic Communications;
- Government Decree 226/2003. (XII.13.) on the electronic management of data from communication service providers and special conditions for electronic communications.
- Personal Data shall mean any information relating to an identified or identifiable natural person and any reference drawn, whether directly or indirectly, from such information. In the course of data processing, such information shall be treated as personal data as long as the data subject remains identifiable through it. An identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;
- Data Management shall mean any operation or set of operations that is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, deletion or destruction, and blocking them from further use. Photographing, sound and video recording, and the recording of physical attributes for identification purposes (such as fingerprints and palm prints, DNA samples and retinal images);
- Data Processing shall mean the technical operations involved in data management, irrespective of the method and instruments employed for such operations and the venue where it takes place;
- Disclosure by Transmission shall mean making data available to a specific third party;
- Public Disclosure shall mean making data available to the general public;
- Data Controller shall mean a natural or legal person or unincorporated organization that determines the purpose of the processing of personal data, makes decisions regarding data management (including the means) and implements such decisions itself or engages a processor to implement them;
- Data Processor shall mean a natural or legal person or unincorporated organization that is engaged in the processing of personal data on behalf of a controller - including when ordered by virtue of legal regulation;
- Automatic Processing includes the following operations if carried out in whole or in part by automated means: storage of data, carrying out of logical and/or arithmetical operations on those data, their alteration, erasure, retrieval or dissemination;
- Destruction of Data shall mean the complete physical destruction of data or the medium containing the data.
Managed Data and Data Management Goals
The Company may manage the personal data necessary and sufficient for the identification of the user or subscriber with a view to the conclusion of the service agreement, the specification of its contents, its amendments, the monitoring of its performance, the billing of the fees originating from it and the enforcement of the related claims.
The Company may manage the following data of subscribers that allow identification of the same:
- name, permanent address or registered office;
- in the event that the subscriber is a natural person: name (maiden name); mother's maiden name; place and date of birth;
- in the event that the subscriber is not a natural person: Trade Register Number or any other registration number; bank account number.
The Company shall register any further personal data only upon express approval or request from the subscriber, for easier contact and communication.
Data Management Methods
Subscribers shall grant their consent to the management of their data as set out by law, by compiling the form available in the website and also upon conclusion of the individual VPS agreement.
Personal data may be used or transferred for the purposes of direct marketing, public opinion polling or scientific research only upon express approval and consent of the subscriber.
No messages for the purposes of directly soliciting business or providing information in respect of the subscriber shall be forwarded to the subscriber by telephone or by any other means of electronic communication without the express approval and consent of the subscriber.
Duration of Data Storage by the Service Provider
The Company shall store the aforementioned data until termination of the respective agreement and/or until expiry of the term available for the submission of claims, as set out by the applicable statute of limitations.
Transfer of Data, Disclosure by Transmission
The personal data managed by the Company may be transferred, whether in a single or in a set of operations, if the data subject has given his consent or if the transfer is legally permitted, and if the safeguards for data processing are satisfied with regard to each and every personal data.
The Company shall transfer the subscriber data pursuant to the applicable laws in the following events:
- for the purposes of defence;
- for the purposes of national security;
- for the prevention, investigation, detection and prosecution of criminal offences;
- to the competent national security agencies, investigating authorities for the purposes of prosecuting any unauthorised and unlawful use of the electronic communications system; to the courts and court bailiffs in accordance with the applicable laws governing the execution of court decisions.
The receivers of the aforementioned data shall be bound by the same confidentiality and data protection obligations applicable to the service provider.
Obligations of the Company
Any and all employees, subcontractors and/or agents of the Company, as set out in these Terms and Conditions, shall be bound by the same confidentiality and data protection obligations applicable to the Company.
The Company shall adopt any and all necessary measures in order to protect the personal data of subscribers against unauthorized access, alteration, transfer, disclosure by transmission or deletion, as well as damage and accidental destruction.
Rights of the Subscriber
Pursuant to Section 24(5) of the Data Protection Act, the subscriber shall be authorised
- to request notification relative to the management of his/her personal data and inspect said data;
- to modify his/her declaration of consent relative to the management of his/her personal data;
- to request correction of his/her personal data, and - to the extent permitted by law -
- submit a protest
- in order to provoke enforcement of the applicable laws by the competent authorities.
Framework Agreement for the Lease of Virtual and Dedicated Servers
This Agreement is entered into by and between the following parties:
Moneywheel Research Zrt.
Trade Register No. 13-01-041215
Tax Code No. 23521050-2-13
with its registered office at H-2120 Dunakeszi, Munkás u. 34.sz.
hereinafter referred to as the Service Provider, and the subscriber who accepting and fully agreeing the GENERAL TERMS AND CONDITIONS FOR USE and the FRAMEWORK AGREEMENT FOR THE LEASE OF VIRTUAL AND DEDICATED SERVERS with marking the “Accept all above” square below, hereinafter referred to as the Subscriber;
Objective of the Agreement
- The Subscriber shall lease from the Service Provider a virtual or dedicated server located on the server of the Service Provider, physically located in the Equinix LD4 Data Center, with one (1) private IP address and with an annual agreed availability of 99 % (ninety-nine per cent).
- Upon delivery of the virtual or dedicated server the Service Provider shall forward the data and passwords necessary for access in e-mail.
- The Subscriber shall be authorised to upload any software and algorithms necessary for the conclusion of transactions in the capital and financial markets, and the Subscriber shall be strictly prohibited from uploading any other content whatsoever.
- The Subscriber shall pay the fee(s) applicable to the service package selected by the Subscriber and the fee(s) payable for any additional services, such as ad-ons, to the reseller management company Avangate BV (www.avangate.com). The Parties expressly agree that any invoicing shall be performed by Avangate BV in the name and on behalf of the Service Provider.
- In the event of any delayed payment, provided that the delay exceeds 6 (six) days, the Service Provider shall be entitled to cancel the service, delete the uploaded contents and terminate this Agreement with immediate effect.
- In the event of any delayed payment, the Subscriber acknowledges that the Service Provider shall be entitled to limit access to the virtual or dedicated server.
- Upon termination of this Agreement, in respect of the outstanding payment obligations, the applicable terms and conditions of this Agreement shall continue to be valid and binding.
- The Parties agree that the Service Provider shall be entitled to increase, at its discretion, the monthly service fee applicable for the following month. The Parties agree that the Service Provider shall notify the Subscriber on such increased fees by displaying the currently applicable fees in the Service Providers homepage. During the month in question the Subscriber shall notify the Service Provider in writing upon the acceptance of such increase, or the termination of this Agreement by the Subscriber.
- After the subscription expiration date, a 6 day grace period will start. After the 6 day grace period, to reactivate the subscription, an additional 10 GBP + VAT reactivation fee will be applied. On the first Saturday after the 6 day grace period expiration, we will switch off the VPS and reactivation will incur an additional 10 GBP + VAT fee. One month after the subscription expiration, the VPS will be completely deleted, including all data. User information will be lost and can not be recovered.
Technical SupportThe Subscriber shall have unlimited 24/7 access to the virtual or dedicated server.
- In the event that the server is attacked, the Service Provider may limit access to the virtual or dedicated server in order to defend the attack, in order to protect its own network, its customers and/or the virtual server under attack.
- The Subscriber shall make reasonable efforts in order to prevent and defend any such attacks and hold the Subscriber and any third parties harmless from the consequences.
- In the event that the resources of the virtual server are permanently operated at a level exceeding 80% of the available capacity, the Subscriber acknowledges that the leased VPS shall be disconnected.
- The Subscriber shall be permanently available at one of the addresses set out hereinabove.
- The Subscriber shall be liable for the uploaded contents, tools and services and any losses and damages arising out of or in connection with their use.
- The Subscriber shall indemnify and hold harmless the Service Provider from and against any claims, losses and damages arising out of or in connection with the use of the tools and services uploaded by the Subscriber.
- The Subscriber may make safety copies of any contents uploaded by the same Subscriber. The Service Provider shall not be liable for any occasional data losses.
- The Service Provider shall monitor the use of resources and the Service Provider shall intervene if any damaging activities are detected.
- The liability of the Service Provider arising out of or in connection with this Agreement shall be strictly limited to the amount of 30 GBP (Thirty Pounds Sterling).
- The Service Provider declines any liability whatsoever and the Subscriber shall not be entitled to claim any compensation or liquidation for any losses, damages and/or lost profits suffered by the Subscriber as a result of any service interruption due to any server stoppage or failure.
- The Subscriber acknowledges and agrees that the Subscriber shall be exclusively liable for any and all contents uploaded by the Subscriber. The Subscriber also represents and warrants that the Subscriber is the sole owner or authorised user of the software and algorithms uploaded on the leased virtual or dedicated server.
- The Service Provider declines any liability whatsoever for the contents uploaded by the Subscriber.
Material Breach of Agreement, Termination with Immediate EffectIn the event of any grave and material breach of agreement the Service Provider shall be entitled to terminate this Agreement with immediate effect. "Grave and material breach of agreement" shall be any of the following occurrences:
- Any delayed payments exceeding 30 (thirty) days;
- Any repeated delays in payment;
- Wilful misconduct / breach of law;
- Distribution of unwanted mail ("spam");
- Violation of the Service Provider's goodwill;
- Upload of any contents not in accordance with the terms of this Agreement.
Force MajeureThe following occurrences shall be deemed Force Majeure events on behalf of the Service Provider:
- Network failure and server stoppage due to any cause whatsoever;
- Acts of terrorism and any other violent acts;
- Any other causes customarily considered as Force Majeure events.
Term of AgreementThis Agreement is concluded for an indefinite period of time. Either Party may terminate this Agreement with a written notice sent to the other Party by e-mail; any such termination will take effect at the end of the month in question.
DisputesAny disputes arising out of or in connection with this Agreement shall be settled by "Pesti Központi Kerületi Bíróság" (The Central District Court of Pest). The Parties hereby agree that the contractual relationship between them shall be governed by Hungarian law and the Hungarian version of this Agreement, approved and acknowledged by the Parties upon signature of this Agreement.
The Parties have thoroughly read the aforegoing terms and conditions and, such dispositions being the true and proper expression of their mutual will and understanding, the Parties hereby sign and execute this Agreement in witness of their approval.