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    Terms of Service and Refund Policy

    CTRADER CUSTOM DEVELOPMENT SERVICE FOR CBOTS & INDICATORS.

     

    These terms and conditions ("terms of service") describe the terms and conditions that ClickAlgo ("service provider", "we", "us" or "our") uses on its website (“Site”) and the choices that you have. This is a legal agreement between ClickAlgo and the customer who wants to use the custom development service.

     

    Definitions

    • "Agreement" means these Terms and Conditions together with the terms of any applicable Development Proposal.

    • "ClickAlgo" means us the service provider company.

    • "Customer" means the organization or person who purchases services from ClickAlgo.

    • "Non-Disclosure Agreement" means an agreement in the form of a signed document by both parties protecting project details or an individual's ideas which can be either the Customer or ClickAlgo.

    • "Estimated Delivery Date" means the estimated date on which the Software is first sent to the Customer.

    • "Additional Services" means any additional services requested by the Customer to be provided by ClickAlgo.com as set out in the Specification;

    • "Change Request" means a documented request for a change to the Specification or Software or Project Description or other of the Deliverables made by the Customer or by ClickAlgo;

    • "Confidential Information" shall include, but not necessarily be limited to, all information which is not publicly known regarding the business, finances, technology, trade secrets, and any other commercially sensitive information of either party regardless of its nature.

    • "Deliverables" means the software, documentation and services to be delivered by ClickAlgo to the Customer in fulfilment of this Agreement as set out in the Specification.

    • "Price" means the fixed aggregate price for the provision of the Deliverables as set out in the Specification.

    • "Project" means the software development, delivery and testing of the Software and the other Deliverables.

    • "Software" means the source programs, compiled object code of the software, scripts and installation programs being developed or customized by ClickAlgo.com for the Customer, as set out in the Specification, including any enhancements and modifications made

    • "System" means collectively the Software.

    • "Warranty Period" means the period of 28 days immediately following the final delivery of the product.

     

    General

    These Terms and Conditions shall apply to all contracts for the supply of services by ClickAlgo to the Customer and before the commencement of any software development services, the Customer shall provide ClickAlgo with a detailed description of the project which shall be subject to these Terms and Conditions. ClickAlgo shall use all reasonable endeavours to complete the services within estimated time frames but time shall not be of the essence in the performance of any services.

     

    The Project

    1. ClickAlgo shall provide the Customer with software development services for the purpose of creating the Software and other Deliverables as detailed in the Specification, in accordance with the terms and conditions of this Agreement.

    2. ClickAlgo is not responsible for the performance of a custom made automated trading system due to the unpredictable nature of the Financial Markets, this service is to make sure that the project delivered matches the project specification document that was provided by the customer to build the software.

    3. ClickAlgo shall provide to the Customer the Deliverables when requested by the Customer subject to full payment having been received by ClickAlgo for the Deliverables or part of the Deliverables being provided.

    4. Unless explicitly itemized in the Specification ClickAlgo shall not be responsible for any other services including without limitation software installation, systems integration, data conversion, data import and training.

    5. For the avoidance of doubt, ClickAlgo shall not be responsible under any circumstances for backup and archiving of indicators, cBots or any other software or of any source code that was created for the customer by our custom development service.

    6. ClickAlgo act as a software development service and we are not obliged to offer any trading consultancy advice to customers, our role is to simply create software that matches the requirements provided by the customer.

    7. If during the warranty period the customer modifies the source code of a project that ClickAlgo has created for the customer with our software development service than the warranty for the project will be void, we will only offer warranty for projects where the source code has not been modified.

    8. If the customer reports a total of 3 (three) consecutive bugs found while using or testing their project and ClickAlgo find these reports to be false and that instead they are the correct operation of the system as defined in the project description that was supplied by the customer than ClickAlgo reserves the right to discontinue any further investigation for bugs requested by the customer.

    9. All custom development work is for the cTrader trading platform only and we cannot guarantee that the strategy results will be the same as the same strategy running on another trading platform due to different data feeds provided by different brokers.

     

    The Customer's Obligations

    The Customer shall:

    1. Promptly furnish ClickAlgo with such information and documents as it may reasonably request for the proper performance of its obligations under this Agreement.

    2. Provide the developers of ClickAlgo with all the reasonable information they request in order to investigate any bugs they report to ClickAlgo while using the software. If the customer has paid for custom development and they do not provide ClickAlgo with the information requested to identify the bug in the software, then all refunds will be void.

    3. It is hereby acknowledged that by legal precedent computer software inherently contains from time to time defects, faults and difficulties however well developed and supported and acceptance of Deliverables under this Agreement shall not be unreasonably withheld due to minor faults in the software.

    4. The customer must report any bugs or errors in all custom software written by ClickAlgo within our standard warranty period 28 days from the final delivery of the product to the customer, ClickAlgo will not offer free bug fixing after this period. The customer must also allow the developer's of ClickAlgo reasonable time to correct any bugs found, refunds are only issued if after 28 days the bug reported is still not fixed.

    5. The customer must inform ClickAlgo of any issues with installation of the software or issues regarding the screen resolution settings on your computer within 28 days of purchasing the software, we will offer no refunds after this period.

    6. The customer must be able to communicate in English to a standard to allow any issues to be resolved, we do not offer support in any other language.

    7. If development credits are used as part of the custom development service than the customer must use these credits within 6-months of purchase or they will be void and can no longer be claimed at a future date.

    8. If the customer sends emails or communicates in a rude or threatening manner to a developer working for Clickalgo then the developer reserves the right to discontinue communication until the matter is resolved by the sales team.

    9. If a customer has purchased one of our products and cannot communicate in clear English with any problems they may have with setting up or using the software, we reserve the right to refund the full amount that the customer paid for the product and we will no longer provide any support for the product.

    10. It is the customer's obligations to back-up all project source code that is provided by our custom development service and ClickAlgo can not be held responsible if the project files including source code once they have been delivered to the customer.

     

    Change Requests

    1. If the customer requests a change to the project description after the price has been agreed by both parties than the customer will be sent a new price quote for the work to reflect the changes.

    2. If the customer requests a change to the project description after they have been sent an invoice and it has not been paid than the invoice will be cancelled and a new invoice will be sent with the requoted price for the additional work.

    3. If the customer requests a change to the project description after they have paid for the invoice then a new invoice will be sent to the customer for the additional work.

     

    Refund Terms

    1. Refunds for custom development work which cost under £500.00 with automated trading robots, indicators or other software is only valid if after 28 days the final delivered product does not match the project requirements supplied by the customer or a reported bug is not fixed within 28-days from the date that it is first reported. A bug is where the project functionality does not match the project description requirements and not the data output.

    2. Refunds for custom development work which cost over £500.00 with automated trading robots, indicators or other software is only valid if after 60 days the final delivered product does not match the project requirements supplied by the customer or a reported bug is not fixed within 60-days from the date that it is first reported. A bug is where the project functionality does not match the project description requirements and not the data output.

    3. Once we have issued you with a refund your downloaded digital product will be deactivated and you will no longer be able to use it, we use a remote activation licensing system to manage all our products and your product will simply stop working on all your PC and VPS machines.

    4. We will issue a refund to you usually between 1-2 days, but it may take a little longer to reach your account. If you paid using your credit or debit card via PayPal then PayPal will credit your card immediately, but your card company may take up to 48 hours to claim the funds.

     

    Terms of Payment 

    1. Payment of sums due by the Customer to ClickAlgo shall be made upon receipt of an invoice from ClickAlgo and all payments under this Agreement shall be made in Pounds Sterling unless otherwise agreed in writing between the Parties.

    2.  All monetary amounts stated in this Agreement are inclusive of VAT and all PayPal fees.

     

    Termination

    1. This Agreement shall continue until completion of the Project unless either party is unhappy with the arrangement for any reason and wishes to terminate the agreement.

    2. If the agreement is terminated by ClickAlgo then the full amount of sums paid will be refunded to the customer and the customer will not be liable to pursue any additional costs.

    3. If the agreement is terminated by the customer then ClickAlgo reserves the right to keep all of the sums paid.

     

    Confidentiality

    1. Both during this Agreement and after its termination, the parties shall treat as confidential (and shall procure that its personnel and each of them treat as confidential) and shall not (and shall procure that their personnel and each of them does not) other than in the proper provision of the services required to fulfil the Project, use or disclose to any person, firm or company, any Confidential Information belonging to the other party or its Customers, suppliers or customers, nor permit its use or disclosure.

    2. Each party to this Agreement shall promptly notify the other party if it becomes aware of any breach of confidence by any person to whom it divulges all or any part of the Confidential Information and shall give the other party all reasonable assistance in connection with any proceedings which the other party may institute against such person for breach of confidence.

     

    Data Protection

    1. The parties undertake to comply with the provisions of the Data Protection Act 1998 and any related legislation in so far as the same relates to the provisions and obligations of this Agreement.

    2. It is the sole responsibility of the Customer to ensure that the Software is not used in any way that infringes data protection legislation at the time being. For the avoidance of doubt, ClickAlgo accepts no responsibility whatsoever for any such infringement or alleged infringement.

     

    Trading Platform Updates

    1. If the cTrader Trading platform publishes a software update after final delivery of the customer's product and the update causes the software created by ClickAlgo to malfunction in any way then ClickAlgo is under no obligation to fix these errors for free.

    2. If an existing bug is found in the trading platform that affects any of the customer's products created by ClickAlgo then the customer will need to contact the creators of the trading platform (Spotware) to report this bug and wait for it to be fixed in a future update. ClickAlgo is under no obligation to restructure or implement new code on a product as a workaround to correct the issues.

     

    Amendments

    This Agreement may not be released, discharged, supplemented, interpreted, amended, varied or modified in any manner except by an instrument in writing signed by a duly authorized officer or representative of each of the parties.

     

    Entire Agreement

    This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to the subject matter of this Agreement. However, the obligations of the parties under any pre-existing non-disclosure agreement shall remain in full force and effect in so far as there is no conflict between the same. The parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.

     

    Force Majeure

    Neither Party shall be liable for any delay in meeting, or failure to meet, its obligations under this Agreement due to any cause beyond its reasonable control including (without limitation) acts of God, war, riot, malicious acts of damage, fire, acts of any government authority, failure of the public electricity supply, strike, lock-out or labour dispute or apprehension thereof (whether or not the settlement of the matter is at the discretion of the Party in question).

     

    Schedules

    The provisions of the Schedules to this Agreement shall form part of this Agreement as if set out here.

     

    Severance

    If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

     

    Waiver

    No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this Agreement shall either be or be deemed to be a waiver or in any way prejudice any right of that party under this Agreement. No right, power or remedy in this Agreement conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

     

    Time of the Essence

    Time shall be of the essence in this Agreement as regards any time, date or period mentioned in this agreement or subsequently substituted as a time, date or period by agreement in writing between the parties.

     

    Language

    This Agreement is made only in the English language. If there is any conflict in the meaning of the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.

     

    Dispute Resolution

    For the purpose of this clause, a dispute shall be deemed to have arisen when one party serves on the other notice in writing via email stating the nature of the dispute.

    Any dispute which may arise between the parties concerning this Agreement shall be determined as follows.

    1. Within 24 hours the representatives of the Parties shall correspond via email and or telephone to attempt to settle the dispute by mutual agreement.
    2. If the dispute remains unresolved and payment was paid using PayPal then the customer may open a dispute case and request a refund using the buyer protection program of PayPal.
    3. In any other case if the dispute remains unresolved the dispute shall be determined by the High Court of Justice in England and the Parties submit to the exclusive jurisdiction of that Court for such purposes.

     

    Live Trading Risks

    By using our service you confirm you understand live algorithmic trading has many risks and ClickAlgo.com is not held responsible for any losses incurred by using our service.

    These risks include but are not limited to:

    • Design risks; errors in data, incorrect assumptions, logical program errors. Even if you designed a perfect strategy, past performance is no guarantee of future results.
    • Loss of internet connectivity; resulting in disconnections from brokerage, trades not placed, not seeing the results of the algorithm, orders failing to be placed.
    • Poor design of algorithm; resulting in runaway strategies, machine gun orders, run-time errors halting program operation, failure to trade when expected, termination of the algorithm.
    • Unexpected market conditions; resulting in poor fill prices, rapid losses (flash crashes), late exchange openings.
    • Data issues; broken, dirty, delayed or intermittent data connections causing algorithm errors. This includes data inaccuracies (exchanges sometimes publish bad/fictional trades).
    • Execution issues; orders submissions, updates and cancellations could be rejected or delayed. Trades could be disallowed by authorities without warning.
    • Malicious activities; criminal activity could cause your algorithm to fail or your brokerage account to become compromised, leaking personal information, intellectual property or theft of your funds.
    • These events can cause the loss of all funds and holdings in your brokerage account. Algorithmic trading losses can occur faster than in manual trading and you should consult an investment professional to discuss these risks. You should continually monitor the operation of a live trading algorithm to ensure it is running properly.

    Every time you use our service you agree that in all cases ClickAlgo bears no responsibility for losses incurred, and offers no guarantees or expectations of your algorithm performance or stability.

     

    ClickAlgo reserves the right to change its Terms & Conditions