THE TERMS AND CONDITIONS
TERMS OF SERVICE
§ 1 Scope & Defense Clause
Tradomite® is a registered Trademark of PPM-MultiCo UG (haftungsbeschränkt) www.ppm-multico.de
1. For the business relationship between Tradomite®
Postfach 151 in 21778 Cadenberge, Germany, represented by the managing director Oliver Becker (hereinafter referred to as Tradomite or provider) and the customer (hereinafter referred to as user or customer), the following general terms and conditions apply in each case on the website of www.tradomite.com Version. The customer can download this text, which is only available in English, to his computer, print it out and keep it.
2. Deviating general terms and conditions of the customer will be rejected, unless Tradomite has agreed to their validity in writing.
3. The terms and conditions also apply to the use of Tradomite’s mobile applications.
4. By accessing the website www.tradomite.com and the associated pages (hereinafter also referred to as the website), the customer confirms that he has read these provisions.
5. Tradomite reserves the right to change or renew these general terms and conditions at any time with effect for the future, without any obligation to notify the user. The current version of the General Terms and Conditions can be viewed on the website from the time of their validity. Changes to the general terms and conditions will be communicated to the customer at least four weeks before they come into effect by email to his email address or by post. If such changes are not contradicted within one month of delivery, they are deemed to have been accepted. If the changes are made to the detriment of the customer, the customer can terminate the contractual relationship without notice within one month of receipt of the notification of change.
6. The information published on this website does not constitute a recommendation, an invitation or a solicitation to buy or sell investment instruments or to carry out any other transactions.
§ 2 Conclusion of the contract and scope of services
1. These general terms and conditions regulate the conclusion of the contract and the contractual relationship between the provider and the customer based in Germany.
2. The provider’s offers are non-binding and subject to change unless they have been expressly agreed as binding or contain a specific period of acceptance. The supplier generally accepts orders or assignments within 14 days of receipt.
3. The services to be provided are specified in the contract. The services offered include advice and services in the development / programming of fully automatic trading systems for exchange trading. The customer has the option of developing / programming his own trading strategies or purchasing existing trading systems. For the details of the respective offer, reference is made to the respective product and service description.
4. The provider is entitled to commission third-party service providers and vicarious agents to provide parts or the entire range of services. The provider is entitled to change the service provider and vicarious agent commissioned with the implementation at any time without separate notification, provided that this does not result in any disadvantages for the customer. Otherwise, the customer will be informed about this no later than two weeks before a change takes effect and asked to report concerns about the planned change.
5. The fulfillment of the order takes place within the framework of the deadlines specified in the offer. Tradomite will inform the customer immediately about the expected non-compliance with an appointment. In the event of such delays, the customer must grant Tradomite a reasonable grace period. The customer will only reject changes to the schedule sections proposed by Tradomite for legitimate reasons.
§ 3 Conditions of Provision
1. The presentation on the website does not constitute a binding application to conclude a contract. Rather, it is a non-binding invitation to submit an offer.
2. Installation, configuration and other set-up services as well as ongoing support are not owed unless this is expressly agreed in the contract. Tradomite guarantees that the contractually agreed quality will be maintained during the term of the contract. Furthermore, Tradomite guarantees that there are no rights of third parties to prevent contractual use.
§ 4 Obligations of the customer
1. The customer is granted the contractual services within the framework of the general terms and conditions and the concluded contract.
2. The customer is not reauthorizes the content of the website to be saved, copied, changed or decompiled by downloading or in any other way, unless this is permitted by §§ 69 d, e of the Copyright Act.
3. The user is not entitled to transfer actual access, access data or other data and documents to third parties. In particular, he is not permitted to sell, lend, rent or in any other way sublicense or publicly reproduce or make accessible the user access. The user undertakes to protect the associated access data and other documents from being accessed by unauthorized third parties. To this end, the participant assures in particular that the computer system from which the user account is accessed has constantly updated protection against viruses, Trojans, phishing and similar accesses. If there are indications that third parties have unauthorized access to the user account via the participant’s computer system or have had any other influence, the user is obliged to inform Tradomite immediately and to inform Tradomite of the details. In the event of abuse, Tradomite is entitled to block access to the content. The user is liable for any misuse for which he is responsible and the resulting damage. The user has to exempt Tradomite from claims by third parties arising from his actions. Only in the event that the customer is granted usage access, for example for server services.
4. The user guarantees that he will not use the services in a way that damages, deactivates, overloads or otherwise impairs our servers or the connected networks. The user undertakes to use the access data provided to him only to access those services, accounts, computer systems and connected networks that are the subject of this contract.
5. The user assures that he will treat received documents confidentially and protect them from access by third parties. In doing so, the user must set up appropriate security measures in the form of firewalls, virus programs, encryption, etc.
6. If the user violates the granted rights of use, his right to use expires with immediate effect and automatically reverts to Tradomite. In this case, Tradomite is entitled to block online access immediately and to terminate the contract with immediate effect.
7. The user is responsible for providing the technical requirements for proper and error-free reception / use. This essentially affects the hardware and operating system software used by him. He is hereby expressly advised that he has to convince himself of his technical requirements before registering / ordering.
8. The user is obliged to take the necessary precautions to secure his system, in particular to use the current security settings of the browser, to carry out regular data backups and to use up-to-date protection software to protect against computer viruses.
§ 5 Technical Availability
1. The customer is not entitled to the availability of specific connection routes. Outside the maintenance window, the provider guarantees an average availability of all services of 97% over a year. The provider therefore does not guarantee the uninterrupted availability of the content that can be called up and can use the remaining time for technical work.
2. The provider reserves the right to restrict Internet access if the security of the network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, the interoperability of the services or data protection so require.
3. The customer is aware that all participants in the transmission path of the Internet generally have the opportunity to gain knowledge of the data being transmitted without authorization. The customer accepts the risk.
§ 6 Fee, Payment Modalities and Tax
1. All prices are final prices. The customer has the option of paying the invoice amount with a PayPal transfer or in advance. If the customer has specified a credit card as the payment request, the invoice amount will be debited from the credit card when the invoice is entered in the customer account. When paying by credit card, the customer must be the cardholder. In the absence of special agreements, payments are to be made free to the provider’s paying agent within 14 days of the invoice date. The customer is automatically in default if payment has not been made 14 days after receipt of the invoice. The provider is entitled to demand default interest in the amount of 5% above the base rate as damage caused by default. The assertion of a demThe higher damage incurred by the provider remains unaffected. The customer is entitled to provide evidence that the provider incurred no or less damage.
2. The customer is only entitled to withhold payments or to set off counterclaims insofar as his counterclaims are undisputed or legally established or are based on a claim for removal of defects or additional costs for completion.
3. If the customer defaults on payment, the provider is entitled to make all of his claims due immediately.
4 In addition to the agreed remuneration, the provider is entitled to reimbursement of expenses deemed necessary and incurred. The provider is entitled to demand reasonable advance payments and advances.
5. If the provider is entitled to several claims against the customer, the provider is entitled to determine which specific liability the payment is offset against.
6. If the provider becomes aware of circumstances after the conclusion of the contract, according to which the claims against the customer appear to be jeopardized by the customer’s inability to perform, the provider is entitled to carry out outstanding services only against prepayment or adequate security deposits and, if necessary, after an unsuccessful expiry of one of these to withdraw from the contract set, reasonable deadline. In this case, the provider is entitled to compensation and compensation claims in the amount resulting from Section 645 of the German Civil Code (BGB); Any further claims remain unaffected.
7. All products and services of the provider are subject to the applicable sales tax.
8. The acquisition costs can be tax-deductible income-related expenses i. S. of § 9 EStG or business expenses i. See Section 4 (4) EStG if the individual requirements are met. The provider does not provide any support in tax matters. For this purpose, the customer can contact a tax advisor or income tax aid association.
§ 7 cancellation policy
Right of withdrawal
If the customer is a consumer, he has the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
In order to exercise the right of withdrawal, you must inform the provider PPM MultiCo UG (limited liability) Postfach 151 in 21788 Cadenberge, Germany, represented by the managing director Oliver Becker, email: email@example.com by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract . You can use the attached model withdrawal form for this purpose, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
If you have requested that the services should begin during the cancellation period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract Compared to the total scope of the services provided for in the contract.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
– PPM MultiCo UG (limited liability), Postfach 151 in 21788 Cadenberge, Germany, represented by the managing director Oliver Becker, email: firstname.lastname@example.org
– I / we (*) hereby revoke the contract concluded by me / us (*) for the provision of the following service: ________________________________
– Ordered on (*) / received on (*): ________________________________________
– Name of the consumer (s): __________________________________________
– Address of the consumer (s): ________________________________________
– Signature of the consumer (s) (only when notified on paper) ______________
– Date: _________________________________
(*) Delete where inapplicable.
End of revocation
The above right of withdrawal does not apply if the legal transaction is yoursr commercial or professional activity can be attributed or the service was created exclusively for the customer.
§ 8 Risk Notice
Liability for information
1. Tradomite assumes no liability for trade suggestions provided. These do not in any way represent a call for individual or general replication, not even tacitly. Trading suggestions or other information do not constitute an invitation to buy or sell securities or derivative financial products. Liability for direct and indirect consequences of the published content is therefore excluded .
2. Tradomite obtains information from sources it deems trustworthy. No guarantee can be given with regard to the quality and truthfulness of this information.
3. Readers and customers who make investment decisions or carry out transactions on the basis of the published content act entirely at their own risk. Tradomite assumes no liability for the information provided. In particular, Tradomite points out the particularly high risks involved in transactions with warrants, derivatives and derivative financial instruments. Trading in warrants or derivatives is a financial futures transaction. The considerable opportunities are offset by corresponding risks, which can result not only in a total loss of the capital employed, but also in losses going beyond that. For this reason, this type of business requires in-depth knowledge of these financial products, the securities markets, securities trading techniques and strategies. Automatic trading is associated with a higher risk, as the number and size of orders are determined automatically. When selecting the broker and the internet connection to the broker, the customer must carefully check.
4. Only consumers who have read and understood the brochure “Basic information about financial futures” available from banks and savings banks in accordance with Section 37d WpHG and who have read and signed the form “Important information about the risk of loss in financial futures” are entitled to trade in warrants and other financial futures. The customer acts at his own risk and at his own risk.
§ 9 Disclaimer of Liability
1. Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the provider’s representatives and vicarious agents if the customer makes claims for damages against them.
2. Compensation for pure pecuniary damage is limited by the general principles of good faith, for example in cases of disproportionality between the amount of the order and the amount of the damage. Any further liability, for whatever legal reasons, is excluded.
3. The provider is not liable for damage that has arisen for the following reasons, but is not attributable to the provider’s fault: natural wear and tear, improperly carried out interventions or repair work on the part of the customer or third parties, unsuitable or improper use, incorrect operation, incorrect or Careless handling, improper maintenance, use of unsuitable equipment / replacement materials or the like.
4. Excluded from the exclusion of liability are claims for damages by the provider due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual objective. This also does not apply to claims for damages after grossly negligent or willful breach of duty by the provider or his legal representative or vicarious agent.
§ 10 Warranty and liability for defects
1. It is pointed out that, according to the state of the art, it is not possible to exclude errors in software under all application conditions. The software has the agreed quality, is suitable for the contractually stipulated and customary use and has the usual quality for software of this type, however, as usual, it is not free of errors. A functional impairment of the software, which results from hardware defects, environmental conditions, incorrect operation or the like, is not a defect.
2. In the event of a breach of essential contractual obligations, in the case of simple negligence, the provider is only liable for the foreseeable damage typical for the contract, unless the defect was fraudulently concealed, a guarantee for the quality of the service was assumed or the customer’s claims were made acts from an injury to life, body or health.
3. Statements and explanations of Tradomite’s services are intended solely as a description of the properties and not as a guarantee or assurance of a property. Statements on the subject of performance only represent guarantees or assurances in the legal sense if they are made in writing and are expressly and literally marked as “guarantee” or “assurance”.
4. A material defect is present if Tradomite’s services do not have the contractual quality and the suitability for use in accordance with the contract is thereby canceled or reduced. An insignificant limitation of the suitability is not taken into account. The customer must immediately notify Tradomite of any defects, malfunctions or damage.
5. Tradomite rectify defects after receipt of a written, comprehensible description of the defect from the customer within a reasonable period of time.
6. For the products or services provided to the customer, the liability of the provider for defects is limited to supplementary performance – at the choice of the provider through free subsequent improvement or replacement delivery – and in the event of failure and through the cancellation of the contract declared by the customer to repayment of the purchase price. The customer has to give the necessary time and opportunity to carry out all repairs and replacement deliveries that appear necessary; otherwise the provider is released from liability for the resulting consequences. The provider can refuse to remedy the defect as long as the customer has not yet paid the remuneration owed in full.
7. The provider expressly assumes no liability for defects in the purchased item or service in the event of unsuitable or improper use, incorrect assembly or incorrect commissioning by the customer, natural wear and tear, incorrect or negligent treatment, improper maintenance and unsuitable equipment.
8. The customer’s right of termination due to non-granting of use only exists if the removal of the defect does not take place within a reasonable period of time or is to be regarded as having failed.
9. Obvious defects must be reported in writing no later than 14 days after the end of the service. In commercial business, it is necessary that the commercial customer has properly complied with his inspection and complaint obligations specified in Sections 377, 378 of the German Commercial Code (HGB).
10. As far as legally permissible, no guarantee is given for software and data. Programming errors (bugs) in the software are excluded from the guarantee. We are only liable for further claims and rights in cases of willful intent and gross negligence. Moreover, liability is excluded. Unless otherwise regulated above, the warranty is based on the statutory provisions.
11. The guarantee does not extend to defects caused by external influences or by non-compliance with the conditions of use. The warranty does not apply if the customer changes the software himself or has it changed by a third party without the consent of the provider. If an alleged defect cannot be assigned to one of our warranty obligations after a corresponding examination, we are entitled to charge the usual hourly rate for the work performed and reimbursement of expenses. The same applies to the handling of a warranty claim by the provider for the customer against the manufacturer. Here the provider is entitled to charge a flat rate or the usual hourly rate for the activity performed.
12. The return and exchange of software are excluded.
§ 11 website and links to other websites
1. The information and offers on the Tradomite website are aimed at customers and non-customers with permanent residence in Germany. The offers that the customer finds on the Tradomite website are aimed at jHowever, expressly not to people in countries that prohibit the provision or access to the content posted therein. Each user is responsible for finding out about any restrictions before calling up the website and for complying with them.
2. Insofar as Tradomite provides stock exchange or economic information, courses, indices, prices, news, market data and other general market information on its websites, these are only used for information and to support the independent investment decision of customers and non-customers. The information mentioned does not constitute specific recommendations for buying, holding or selling a financial product and does not establish an individual advisory or information relationship. They are not legal, tax or other advice and cannot replace such advice.
3. Before the customer makes investment decisions, he should be carefully informed about the opportunities and risks of the investment. A positive performance of a financial product in the past cannot be used to infer future earnings.
4. Insofar as we refer or link to the websites of third parties from our website, we cannot assume any guarantee or liability for the correctness or completeness of the content or the data security of these websites. Since we have no influence on the compliance of third parties with data protection regulations, you should check the respective data protection declarations offered separately.
§ 12 Copyright
1. Tradomite is the owner of all industrial property rights, in particular trademarks, copyrights and ancillary copyrights, on its website and on the documents sent within the framework of the contract. These works, including all of their parts, are protected by copyright. Any use outside the limits of copyright law without the express prior consent of Tradomite is inadmissible and punishable. This applies in particular to reproductions, translations and input in any electronic media as well as the associated presentation to third parties.
2. Any duplication and dissemination of documents as a whole or in parts requires the written approval of Tradomite.
3. The link to one of the Tradomite Internet pages requires express written consent.
4. No element of the website grants any license or usage rights to images, registered trademarks, logos or other rights. Downloading or copying the website or its elements does not confer or establish any rights whatsoever with regard to the elements on the website.
5. The articles and texts published on the Tradomite website are for informational purposes only and the opinions contained therein are for personal use only. All information on the Tradomite website does not constitute a decision-making aid for economic, legal, tax or other advisory issues, nor should investment or other decisions be made based on this information alone. There is no obligation or responsibility on the part of Tradomite to update or correct the information or expressions of opinion. Information and expressions of opinion can be withdrawn at any time without prior notice.
§ 13 cookies
2. Tradomite points out that the activities of customers on this website are registered and analyzed for security, marketing and system monitoring purposes, among other things.
§ 14 Changes to the offer
Tradomite’s offer is continuously adapted, optimized and changed. The same applies to the content of the website. For this reason, it is recommended that you inform yourself regularly about the currently applicable conditions, information and prices.
§ 15 Language, place of jurisdiction and applicable law
The contract will be drawn up in German. The further implementation of the contractual relationship takes place in German. The law of the Federal Republic of Germany applies exclusively. For consumers, this only applies insofar as this does not restrict any statutory provisions of the country in which the customer has his domicile or habitual residence. (Optional) The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the seat of the provider.
§ 16 data protection
In connection with the initiation, conclusion, processing and reversal of a contract on the basis of dieser general terms and conditions, data is collected, stored and processed by the provider. This takes place within the framework of the statutory provisions. The data protection declaration can be viewed here (link) or on the website www.tradomite.com.
§ 17 Online Dispute Resolution
Online dispute resolution in accordance with Art. 14 Paragraph 1 ODR-VO: The European Commission provides a platform for online dispute resolution (OS), which the customer can find at http://ec.europa.eu/consumers/odr/.
§ 18 Severability Clause
Should individual provisions of these General Terms and Conditions be ineffective or unenforceable or become ineffective or unenforceable after the contract has been concluded, this shall not affect the validity of the contract. The ineffective or unenforceable provision is to be replaced by an effective and enforceable provision, the effect of which comes as close as possible to the original objective pursued by the contracting parties with the ineffective or unenforceable provision.
§ 19 Status of the GTC
Berlin, May 30, 2021