Terms of Use
Terms of Use
– Agreement on usage of QuoteStation –
Made between:
QuoteStation User (hereinafter: User), and
Europoint Systems d.o.o., Dobračina 60, Belgrade, Serbia (hereinafter: Europoint Systems).
The User and Europoint Systems are hereinafter collectivly referred to as Parties to the Agreement.
Parties to the Agreement hereby agree as follows:
1. Definitions
1.1.Charge Date means either (i) the date on which User first incurs Subscription Charges, or (ii) the date from which any agreed changes to User Subscription Charges take effect.
1.2. Data Provider - is an organization that allows the Europoint Systems to include its data, in service rendered by Europoint Systems QuoteStation web application. Usage of certain Data Providers’ data is subject to corresponding agreements in addition to this User Contact. Where necessary, User may be required to complete separate agreements for particular Data Providers.
1.3. Monthly Renewal – Europoint Systems will automatically renew Users service unless the User cancels its service based upon the terms in the Termination of Agreement clauses in this Agreement.
1.4. Privacy Policy - the rules which provide protection of user's personal information, usage of these data and rights concerning user’s personal data, described in Clause 6.
1.5. Corporate usage and users – includes any usage or user of the Service which is not pursuant to the conditions of the Personal usage, predefined in Clause 5.1. and Clause 5.2.
1.6. Registration details - the information which User supply when registering as the User of QuoteStation and any subsequent additions or changes to that information.
1.7. Subscription Charges - monthly, quadrennial, semiannual or annual charge for the use of QuoteStation web application.
1.8. Invoice Customer – denotes the users approved to receive a monthly, quadrennial, semiannual or annual invoice to remit payment for QuoteStation web application access.
2. QuoteStation Usage
2.1. Until termination of this Agreement, the User has right to utilize QuoteStation in accordance with effected subscription, provided that QuoteStation is used in accordance with this Agreement, to pay the Subscription Charges and meet any obligations and requirements specified in this Agreement, as well as those specified by Data Providers. In case Data Provider requires additional procedures involving approval or other forms these must be completed before you may access their data via QuoteStation.
2.2. The User confirms that at the date of this Agreement, its Registration Details are current, accurate and complete. User agrees to inform Europoint Systems promptly about any change of its Registration Details and to supply any additional information when asked to provide. If the Registration Details are not accurate, current and complete, Europoint Systems may discontinue the usage of QuoteStation (or any part of it) and/or terminate this Agreement.
2.3. The information provided by User shall be considered as confidential and used in accordance with The Privacy Policy only.
2.4. Europoint Systems reserves the right to change the content and the form of the data distributed to the User by QuoteStation; Europoint Systems reserves the right to change the content and the form of data appearance without previous notice to the User, if any of Data Providers request change or remove their data, and in the case of occurence of cicumstances or conditions when notification can’t be given in advance. If any of Data Providers request terminatiom of data distribution to the User, Europoint Systems reserves the right to terminate the data distribution immediately and without previouse notice. Europoint Systems will give its best to timely inform the User in such a circumstances.
3. Compliance with law and regulatory rules
3.1. QuoteStation web is accessible worldwide via the Internet. Europoint Systems cannot, for practical reasons, guaranty that receipt and use of QuoteStation complies with applicable local laws and regulatory rules in every country. The User acknowledge and agree that it is his responsibility at all times to ensure that his receipt and use of the Service in any country complies with all laws, regulations and consents applicable to that country
3.2. The User is obliged to immediately inform Europoint Systems if any competent authority inform him that receipt and usage of QuoteStation or any part of this agreement is not in accordance with local laws and regulatory rules.
4. Ownership and content of QuoteStation
4.1. All data, databases, and software are protected by copyright, database right and other intellectual property rights on QuoteStation, as well as by rights of the Data Providers whose data QuoteStation uses and distributes. Holder of all intellectual property right on QuoteStation is Europoint Systems, and Europoint Systems reserve all property rights to subject web application. Data Providers reserve all intellectual property rights on data they provide to the Europoint Systems, distributed to the User by QuoteStation. Usage of QuoteStation in accordance with this Agreement and user account does not entitle User to claim ownership of any intellectual property or similar rights on the QuoteStation or on the Data Providers' data included in it.
5. User: Use of QuoteStation
5.1. QuoteStation User shall use QuoteStation for the personal use only, and shall not allow usage to the any third party. User can save, reformulate, print or present the data from QuoteStation in order to execute his business activities.
5.2. User is not allowed to:
Process data QuoteStation comprise, in oreder to create and distribute new original work.
5.3. User accepts to use QuoteStation and pay the applicable Subscription Charges.
5.4. User is obliged to update his Registration Details in 7 days after the changes in Registration Details occur.
5.5. QouteStation may not be used in any illegal purpose.
5.6. User must cease use of the QuoteStation immediately upon receipt of instructions given by Europoint Systems on the date specified in notice.
5.7. User agrees to cooperate with and assist Europoint Systems in any action or proceeding necessary to prevent or terminate any unauthorized receipt or use of the QuuoteStation by any third party.
6. Usernames, Passwords and Security
6.1. As part of registration process, User establishes a "Username" and a "Password". User must use its Username and Password to gain access to the QuoteStation. Europoint Systems shall use Username and Password to confirm the validity of all orders and instructions sent by User in accordance with Privacy Policy.
6.2. User acknowledges that in an Internet environment any received order, instruction or inquiry, which are sent with his Username and Password, Europoint Systems is entitled to treat as originated from the User. Europoint Systems accept no liability for any acts arising from usage of Username or Password by third partie, nonregistered as the User.
6.3. User acknowledges and agrees that Europoint Systems may deny acces to QuoteStation if discover or reasonably suspect that Username or Password is being misused and that Europoint Systems will not process any instructions associated with a suspect Username or Password until a new Username or Password is given to the User.
6.4. User shall keep its Username and Password as confidential and avoid making any written record of them. User must notify Europoint Systems promptly if he believes that Username or Password has become known to any third party.
6.5. Europoint Systems does not accept liability for any loss or damage, or misuse of the QuoetSataion, arising from User’s failure to observe the terms of Clause 6.4.
7. Fees and Payments
7.1. In consideration of supply of QuoteStation, User shall pay Subscription Charges. The initial Charge Date for each QuoteStation Option will be the first day User is able to access the Option.
7.2. The subscription cycle continues until the anniversary date of the next period. In case that User pays Subscription Charges via credit card, User’s current subscription will automatically be renewed three days prior to the end date listed. In case that User pays Subscription Charges via Bank transfer, its Subscription will be extended upon the receipt of Subscription extendability request and reciept of Subscription Charges payment.
7.3. Europoint Systems may change or add Subscription Charges. Europoint Systems will announce User of any change or addition. User is allowed to cancel the relevant QuoteStation Option in case that User does not accept the change or addition.
7.4. In case that Europoint Systems is required to introduce new or altered Subscription Charges on less than one month's notice, based on changes in terms on which Europoint Systems is allowed to use data of particular Data Provider, User will be required to pay the fees at the new rate, or to cancel the relevant Subscription Option if he wants to continue to receive the relevant Data Provider’s data,
7.5. If User pays Subscription charges via credit card, all payments properly due and payable will be charged to the credit card account details which User provided on its Registration Form. User confirms that the credit card account identified on the Registration Form is valid in all respects and that User is fully entitled to authorize Europoint Systems to make charges to it. User agrees that in the case when Europoint Systems is unable to recover payments from User’s credit card account, Europoint Systems will be entitled to suspend Users access to the QuoteStation and/or terminate this Agreement.
7.6. If User pays Subscription Charges via invoice, User is responsible for providing the correct billing information to Europoint Systems and keeping this information current. Invoices will be sent via e-mail provided in Registration Details. Europoint Systems reserves the right to cancel the subscription if the User does not fulfill his payment.
7.7. Any unpaid amounts dued from User remain payable following termination of this Agreement for any reason.
8. Termination of Agreement
8.1. This Agreement is valid at least one month from the day of first use of QuoteStation. The Agreement is valid till the end of the current subscription.
8.2. In case of Agreement termination, Europoint Systems will notify the User via e-mail at least 3 days prior to the termination.
8.3. If User terminates the Agreement, or cancel the Subscription during the current Subscription period, remaining time of use will stay available. User must announce termination of agreement to Europoint Systems by 5:00 pm, 3 days prior to the end of the current subscription period, for reason to avoid payment for the next period of service since we bill credit cards. A subscription can only be terminated by the user at the end of the choosen Subscription period.
8.4. User can upgade its Subscription in any moment during the Subscription period. The user will be billed for the new amount, but its Subscription period covered by last subscription will stay available. The upgrade of the Subscription period will be added on last subscription period.
8.5. Europoint Systems reserves the right to suspend usage of QuoteStation or terminate this Agreement in the event of any breach of this Agreement by User. In the case of Agreement termination initiated by Europoint Systems, Europoint Systems is entitled to retain any pre-paid fees or charges.
8.6. If any Data Provider requires suspension or termination of distribution of its data to the User, Europoint Systems has the right to do so immediately and without prior notice. Europoint Systems will tend to give User as much prior notice as possible of such a requirement.
8.7. On termination of this Agreement Europoint Systems will disable the usage of QuoteStation. User may continue to use QuoteStation during the term of the Agreement but only in the manner and for the purposes set out in this Agreement.
8.8. User may be required by a Data Provider to cease all use of its data, or to delete those data from records. User will be entirely responsible for complying with any such requirement duly notified to.
9. Disclaimer and Limitations of Liability
9.1. No element or the data comprised in the QuoteStation or information provided by the website on which the QuoteStation is offered should be construed as offering for sale or for purchase of financial instruments, financial advice, or any similar type of offering or advice. Any financial or investment decision is considered exclusively as a Users personal decision.
9.2. User acknowledges that he is entirely responsible for all activities or results arising from his access to the QuoteStation, and in particular for any investment decisions he makes. Europoint Systems accepts no liability for any consequences arising from use of the QuoteStation or in reliance with data delivered via QuoteStation. User acknowledge that financial markets can change very rapidly and that the data delivered via QuoteStation cannot be guaranteed as a basis for financial dealings.
9.3. Europoint Systems will take all reasonable care to ensure the quality, accuracy and reliability of the Service and to correct any errors as soon as become aware of them, but cannot guarantee the quality of transmission or reception.
9.4. Europoint Systems is not responsible for the content of any sites linked to the website of QuoteStation, on which the QuoteStation is offered or for any services offered by linked sites.
9.5. Europoint Systems disclaim all express or implied warranties regarding the data provided in connection with the QuoteStation, including, without limitation, any warranty of satisfactory quality or fitness for a particular purpose or use. Neither Europoint Systems nor Data Providers accept any liability to User or any third party for any loss or damage arising from any inaccuracy, delay, error or omission in the QuoteStation or the data incorporated into the QuoteStation.
9.6. Europoint Systems accept no liability for any error, break-down or impossibilitu to fill out any obligation from this Agreement, in case of situation that Europoint Systems can not effect on. This especially refers to a computer viruses, short-circuits, telecommunication problems, unauthorized access to the electronic system of the Europoint Systems, hardware break-downs, force majeure, or any act of government. Europoint Systems accept no liability for any loss or damage User may suffer in case of situations specyfied in this Clause.
9.7. Europoint Systems does not guarantee that QuoteStation will functione without errors, or that all errors will be corrected, or that QuoteStation web site and application or other linked web sites are virusfree. No third party is liable for any loss or damage that are result of interruption, inaccuracy, latency, errors or malfunction on QuoteStation, no meter what caused this circumstances.
9.8. User accepts liability to Europoint Systems and to Data Provider for any direct losses that may be incured as a result of Users breach of this Agreement.
9.9. Europoint Systems liability to User for any direct loss or losses arising from breach under the terms of this Agreement shall be limited to the amount of the Subscription Charges already paid in the last month in which the loss arises.
9.10. The Sources and Disclaimers found on QuoteStation website constitutes an integral part of this Agreement
10. General
10.1. Parties to The Agreement accept no liability for any delays or failures in performance arising from events of force majeure (for example fire, flood, war, strikes, civil insurrection, etc), as these events which are beyond respective reasonable control.
10.2. User may not assign this Agreement to a third party. Europoint Systems may assign its rights and obligations or part of them to third parties, but must notify user if that occures.
10.3. Europoint Systems reserves the right to amend the terms and conditions of this Agreement on 15 days notice to the User given via the QuoteStation website. If User does not accept the amendment, he may notify Europoint Systems about Agreement termination, latest tree days before the amendment takes effect.
10.4. If either of Parties to the Agreement fails to exercise any right available under this Agreement the party failing to exercise the right will not lose or waive that right.
10.5. If any part of this Agreement that is not a fundamental term is found to be illegal or unenforceable, the legality or enforceability of the rest of the Agreement will not be affected.
10.6. Parties to the Agreement agree that in future any communication, correspondence between them or any notice concerning or amendment to this Agreement shall not challenge the validity of any communication, correspondence, notice or amendment solely on the grounds of the manner that it is formed. Any communication, correspondence or any notice may be made or agreed by electronic means via e-mail adress: support@quotestation.com, or via postal address: Dobračina 60, 11000 Beograd, Srbija, and e-mail address User provided in Registration Details.
10.7. Parties to the Agreement hereby agree and accept that this Agreement is made in electronic form, and they declare that the Agreement is legally valid in this form.
10.8. The Parties to the Agreement shall make every effort to resolve amicably any dispute arising out of this Agreement, and if this is not possible the parties shall stipulate the jurisdiction of the court in Belgrade.
10.9. This Agreement, its interpretation and the resolution of any dispute by the court of jurisdiction mentioned in the previous Paragraph shall be governed by the laws of the Republic of Serbia.
10.10. This Agreement has been drafted in English.
USERS STATEMENT
Hereby User declares that he has red and that he understands and agrees with these Terms of Use - Agreement on usage of QuoteStation, and that he accepts and agrees with Privacy Policy, Disclaimers and Sources found on QuoteStation web site and application.
