TradeSync is a trade name of MJD Fintech Limited
Customer or you means the person, firm or company that has requested any Services.
Service or Services means any services supplied or to be supplied by TradeSync, including but not limited to the provision of Internet hosting services.
Order means the electronic Service order annexed herein by reference.
Server means an Internet-connected server, virtual or otherwise, provided by TradeSync for the Customer's use.
This agreement is made by and between TradeSync and the Customer:
This agreement is intended to cover any and all Services provided by TradeSync and received by the customer. This agreement contains the entire understanding between TradeSync and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between TradeSync and the Customer. The Customer acknowledges and agrees that its entire right relating to TradeSync Services are as set forth in this agreement.
Subject to the terms and conditions of this agreement, TradeSync agrees to provide the Internet hosting services specified in the Order. Subject to Customer's right to terminate this agreement in accordance to Section 4.2 of this agreement, TradeSync may expand or contract the scope of TradeSync's services by issuing an amended order form to the Customer in advance of such change.
The initial term of this Agreement is stated in the Order (.Initial Term.). The Initial Term shall not commence until TradeSync accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.
Unless terminated by TradeSync or in accordance with Section 4.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.
The Customer agrees to pay TradeSync, without limitation, for the Services it uses. TradeSync reserves the right to charge the Customer standard hourly rates as specified in the support matrix, to cover the resolution of excessive or unusual problems or complaints.
Invoices are emailed to the current billing email address. Monthly Service Fees are invoiced 7 days prior to renewal. Clients are fully responsible to ensure payment of all amounts due are paid on time independently of receiving invoice or billing notifications by email from TradeSync. Overdue accounts may be disconnected at any time after the expiry date. All data will be deleted after 2 weeks unless alternative arrangements are made with TradeSync.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
We accept cancellation on any service up until the renewal date. Any cancellation requests must be received via email or a cancellation through the member's area before the renewal invoice is generated. Any cancellation requests received after this time will not be processed until the following month. There are no partial refunds or credits for early cancellations.
All payments to TradeSync are final and non-refundable unless otherwise stated. Any refunds on products that are eligible for a refund are at the discretion of TradeSync.
Any amount credited to a client's account cannot be withdrawn and can only be used towards further purchases of TradeSync products and services.
Customers shall at all times comply with and help ensure that they and their clients comply with the terms of the current version of the Acceptable Use Policy. Customer agrees that TradeSync may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy. For existing customers, changes shall come into effect one month after they are published on the TradeSync website. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.
TradeSync Limited provides Internet hosting Services. By using the Services provided by TradeSync, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify TradeSync against any claims by third parties arising from violation of this Policy.
TradeSync reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to TradeSync web site: https://www.TradeSync.io. TradeSync's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.
This policy recognises the fundamental fact that no one owns or controls the Internet. TradeSync cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit or take responsibility for the activities or content of our Customers. The Customer, not TradeSync, assumes all responsibility relating to their Internet activities including, but not limited to:
Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgement and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:
Using the TradeSync network or other TradeSync resources in any way that adversely affects other TradeSync Customers is strictly prohibited. This includes but is not limited to:
Accounts may be terminated that include content or which have links to content that:
TradeSync has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. TradeSync Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure cgi scripts).
Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, TradeSync will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending IP address to prevent further violations. If a client is found to be in violation of our UCE policy, TradeSync will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM. EDUCATE YOUR CLIENTS and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.
To facilitate network/server management, inventory and related activities, all TradeSync Servers include a TradeSync administrative account and password and/or a TradeSync daemon. All reasonable precautions are taken by TradeSync to maintain the security of these tools and the privacy of client data. Customers must not tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of Customer's hosting account.
For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable fashion is, of course, entirely acceptable). Examples of an excess might include continuously & actively using swap on a VPS rather than upgrading RAM, running software that uses all available CPU constantly (such as SETI@Home) or continuously using many times the base-allocation of unmetered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the client cease such activities or be forcibly upgraded to a more suitable package or, in the case of excess use of unmetered bandwidth, be moved to a metered bandwidth connection.
This Acceptable Use Policy (AUP) is not exhaustive. TradeSync has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.
i) Firewall Management; Managed means that TradeSync is responsible for the set up and the on-going setting of rules and policies of this with guidance from the Customer. Changes to the Firewall are at the customer's request and these changes are guaranteed to be put in place within two hours during normal office hours Monday to Friday 0700-2300 and outside of office hours within twelve hours. TradeSync will advise if a Firewall change would cause disruption to the customer's server.
ii) Hardware Maintenance; TradeSync is responsible for the replacement of any hardware components that fails. This includes chassis, PSU, disks, memory and motherboard of the server. The customer will not be charged for any failure or replacement of hardware. In the case of a hardware fault which results in a server failure TradeSync will replace the faulty hardware within 2 hours of isolating the cause of failure. All of our Servers use RAID disk configuration, so in the event of a single disk failure no disruption to service should occur and the replacement would be carried out at a mutually convenient time.
iii) Connection Guarantees; We guarantee that all of our UK Servers are within a maximum of thirty milliseconds of 95% of UK residences. We have triple redundant uplinks via physically diverse cables into the UK backbone to ensure maximum connectivity uptime.
iv) Response Times; Response time is defined as the time it takes to identify a fault and report back to the customer by either of the following methods; E-Mail, or telephone call. The customer is responsible for ensuring that TradeSync has the correct contact details. Response times of non-urgent questions or queries via e-mail will be dealt with in business hours.
TradeSync endeavours to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with TradeSync we guarantee that our network is available 100% of the time in a given month, excluding scheduled maintenance.
The network is defined as core network infrastructure excluding the hardware, services and software running on your server. Network downtime is measured from the moment the Customer notifies a TradeSync support representative of a network failure to the time the Network responds to an external ping request. Notification of network failure must occur at the time of the outage and not after the fact.
The Customer agrees that it may be necessary for TradeSync to temporarily suspend Services for technical reasons or to maintain the TradeSync network, the equipment or any other facilities, the timing of which will be as determined by TradeSync. Such suspension of the Services will not be an interruption of the TradeSync Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
TradeSync may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of TradeSync Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.
A compromised or hacked server is a serious threat to our network. TradeSync, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network.
If you believe your system may have been hacked, immediately report the situation to TradeSync technical support. TradeSync will examine your system and may implement additional monitoring of your system.
If a TradeSync System Administrator believes a server on our network is compromised, TradeSync will:
If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then TradeSync may terminate this agreement at any time and without prior notice.
Customer acknowledges and agrees neither TradeSync nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement.
If, despite the foregoing limitations, TradeSync or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of TradeSync, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to TradeSync for one month of service under this agreement.
Customer will indemnify and save harmless TradeSync and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs and expenses (including actual legal fees and costs), fines and liabilities incurred by or awarded, asserted or claimed against TradeSync or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.
Customer acknowledges that it accepts all risk of any unauthorised or illegal use of the TradeSync network or any inter-connected network by third parties. TradeSync provides no warranties, makes no representations, and accepts no liability for the unauthorised or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of TradeSync, its agents or employees.
TradeSync assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use TradeSync IP addresses not assigned to them, to move IPs between different servers or account or in ways not permitted by TradeSync. TradeSync maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. TradeSync reserves the right to periodically review IP address usage and revoke authorisation to use those IP addresses not being utilised or where name-based hosting could be used.
For the purposes of Network/Server maintenance, inventory and related activities, TradeSync staff and management retain the right to administrative access to any and all Servers on their network. To facilitate this, all TradeSync Servers include a TradeSync administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details. TradeSync makes no warranty or representation, either express or implied, with respect to this software, the hardware, or documentation, including their quality, performance, merchantability, or fitness for a particular purpose.
Because software is inherently complex and may not be completely free of errors, you are advised to verify your work. In no event will TradeSync be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the software, hardware, or documentation, even if advised of the possibility of such damages. In particular, TradeSync is not responsible for any costs, including, but not limited to, those incurred as a result of the use of the software, loss of data, the costs of recovering such software or data, the cost of substitute software, claims by third parties, or for other similar costs. In no case shall TradeSync have any liability that exceeds the amount of a single month's license fee.
Forex, spread bets and CFDs are leveraged products. They may not be suitable for you as they carry a high degree of risk to your capital and you can lose more than your investment. You should ensure you understand all of the risks. The Trade Copier services provided are not a recommendation to buy or sell, but rather a set of tools to facilitate the execution of a specified analysis method. This information should only be used by investors who are aware of the risk inherent with trading.
Very Important - Trade Copying does not guarantee anything. The user is responsible for any trades generated by the trade copier. By using the trade copier service, the user acknowledges that they are in complete control of the product, can turn it off, modify risk settings and trades at any time. It is highly recommended that you test any signals generated by the trade copier in a demo environment to verify that it in fact functions to your expectation.
Please be aware that while the demo environment is similar to the live environment there will be differences in the way trades are processed and executed.
TradeSync does not take responsibility for any electronic or technological errors that occur while using the trade copier. In particular, TradeSync is not responsible for any costs or losses, including, but not limited to, those incurred as a result of the use of the trade copier. In no case shall TradeSync have any liability that exceeds the amount of a single month's license fee.
This Agreement is governed by the law of England, and the Customer agrees that any court action brought under this agreement shall be brought in the jurisdiction of England. If any provision of this agreement is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.