Public Agreement AirBionicFX
On rendering of services of developing automatic trading strategies, technical indicators and other software products within capabilities of the Company. The list of services rendered can be found on the official site of the Company in the relevant sections.
The present agreement has public nature, is an equivalent of “verbal agreement” and has appropriate legal effect in accordance with the international legislation in force.
This contract is made between the Client-customer (hereinafter, Client) on the one side and AirBionicFX company (hereinafter, Company) on the other side.
Services
Development of software of any complexity. In particular, development of expert advisors, technical indicators, scripts in MQL language, dynamic libraries in different programming languages under the Metatrader trading system. Development of software under server-based part of the Metatrader. And development based on other needs.
As a part of programming services rendered, the Client has full right for source codes.
Products
Software sold by the Company to end users or vendors for further sale. In this case the Company has full rights or license permit for sales of the software.
The Client obtains license agreement for product usage. Vendor-client obtains license agreement for the software sales.
Rights of product use or distribution are presented in license agreement between the Client and the Company.
Solutions
Solutions are a symbiosis of services and products provided by the Company.
The Client obtains full rights and source codes for the programming service and license for product usage within the solution.
Matters of final copyright are presented in additional license agreements and\or additional contracts approved at the stage of performance objective discussion.
Stages of partnership
- Request for implementation
- Elaboration and approval of performance objective
- Familiarization with invoice for payment
- Payment
- Development
- Testing
- Deployment
- Warranty service
- Post-warranty service
Request for implementation
Request for implementation of a software product can be sent using relevant electronic form on the Company site. It can also be sent to e-mail address of the manager you have worked with before or to the public e-mail address of the Company given in the “Contacts” section. The Company does not guarantee to reply to any request sent in a manner other than above.
Request for implementation will be examined by the Company managers within 48 hours once the request is received. If a request requires more time for examination, then the Company manager will additionally inform of the same.
Performance objective
Performance objective is a document describing technical details of a project. Performance objective is prepared by the Client and approved to be executed by the Company. The document can be prepared in free format. Sufficiency of a performance objective is defined by the Company. Time for communication and elaboration of details of the performance objective is unlimited.
Invoice for payment
After performance objective is approved, the Company prepares an invoice for payment for project implementation services and sends the same to the Client.
The invoice contains the following required elements:
- Service name.
- Service cost. Indicated in USD.
- Invoice creation date.
- Project development time. Given in days or weeks.
- Warranty service period. Given in days or weeks.
- Payment method.
Implementation period starts with the invoice payment event. Warranty service period starts with completion of the development stage. In case a project has been implemented earlier than indicated in the contract, the date of warranty service start is not shifted to an earlier date.
Invoice can contain the development start date different from the date of invoice payment by the Client. Such parameter is added in case of high workload on software development department. It is rarely used, but the Company retains the right to apply shifted date of project implementation start.
Invoice has several parameters with various relevance periods. Such parameters include cost in the general section, implementation start date. An invoice becomes void once the longest period of the parameter relevance periods is due. On the wording, an invoice for payment will lose its relevance in 30 days.
Cost is valid for 30 calendar days after an invoice creation. Beyond this period, the Company retains the right of cost variance to both decrease and increase.
Project development start date is valid within 7 days. This means that in case Client have settled the bill within 7 days after its creation, then the date of project development start is guaranteed to be the bill settlement date. In case of payment beyond the specified period, the Company retains the right to change development start date.
Invoice can contain additional items. These items are not mandatory for payment. Additional items are in the Optional section.
Payment
For payment, the Client is to use the details indicated in the invoice. Only in this case the Company can guarantee service delivery.
The Client is to pay 100% of the amount specified in the main section of invoice unless stated otherwise.
Depending on the method, payment confirmation may take from 24 hours to a period previously discussed with the manager of the Company.
In case Client wishes to break down the payment into multiple parts, then the project is to be preliminarily broken down into self-contained parts that can be tested without starting additional stages of development. Conclusion on possibility to implement the project in parts is given by manager of the Company.
Development
Development process starts with confirmation of payment receipt to the Company’s account.
The Client cannot change the approved performance objective during development. Any change to performance objective at the development stage is treated as modification and is evaluated separately.
The Company retains the right to clarify performance objective at the development stage. This does not increase development cost.
Testing
Process of testing on the side of developer Company is included into the development stage and does not require additional time.
Depending on conditions of performance objective, final product testing can be done by two methods: based on historical data or actual data. Depending on the method selected, development stage duration can be extended, which the Company manager must warn the Client of before sending the invoice for payment.
Deployment
After development and testing, the Company delivers all project files to the Client. In particular, the Client has the right for source codes to the software ordered.
The delivery can be accompanied with short instructions on product deployment and usage. Detailed instructions are ordered separately.
Explanatory note can also contain specifics of the testing process to be done on the Client side.
Warranty service
Warranty service is regarded as elimination of discrepancies in the program with reference to the approved performance objective.
Warranty service does not cover parts of bundled software, which were developed by third-party developers but are used in a bundle with the software product implemented by the Company.
Warranty service does not cover auxiliary software products, which can directly or indirectly impact stability of operation of the software product developed by the Company. Auxiliary software products shall be regarded as operation systems, database systems, antivirus software, Metatrader system and others.
Warranty service stage starts once the development stage is completed.
Requests during warranty service are responded to within a period of up to 48 hours.
Warranty service stage is extended by the time the Company spends for elimination of errors in the program code.
Security
Information channel between Client and Company is e-mail.
Client identification attribute is email address, from which the Company received the initial request for the service. Or the email address indicated in the request form on the Company site.
In future, Client can expand the list of communication channels used, such as email addresses, details of electronic pagers, phone numbers etc.
Client is to warn of any change of communication channel only via primary communication channel. The Company does not guarantee any response to a message received from an unknown source, even if the message is related to the subject of Client’s project.
The Client can engage third parties to the project. This requires a warning via official communication channels.
Time limit
The time limit section describes timeframe of the partnership.
Response to primary request is up to 48 hours. In case a request requires more time for examination, Company manager additionally informs of the same.
Communication for elaboration of the performance objective is not time-limited. Response to request for the performance objective elaboration is up to 24 hours. In case a request requires more time for examination, Company manager additionally informs of the same.
Response to request of other nature is up to 48 hours. Such request is understood to be related to support matters, partnership matters etc.
Response to request during warranty service period is up to 48 hours. In case a request requires more time for examination, Company manager additionally informs of the same.
Depending on method, payment confirmation may take from 24 hours to period preliminary discussed with Company manager.
Business days are Monday to Friday included. 0900-1800 UTC +3. Days off are Saturday, Sunday and official international holidays.
Company site
Company site is public for all visitors.
Newsletters may be received by Company Clients only.
Clients’ information shall not be forwarded to third parties and used for the purpose of the Company without preliminary approvals.
Information on site is presented for examination and has no legal validity. In case of dispute, equitable answer can be given only by a Company representative.
Company guarantees
The Company guarantees fulfillment of its obligations within the time limit described in this contract.
The Company guarantees software product development in accordance with the customer’s performance objective.
The Company guarantees software product support within the warranty period as well as post-warranty service of the products in accordance with the collateral agreement.
The Company guarantees refunding to the buyer in case of poor-quality service provided.
Disclaimer
The Company is not responsible for profitability of the products developed.
The Company has no right to offer advices on improvement of trading strategy.
The Company has a right to deny a service in case Client does not provide information minimum that is sufficient for project implementation.
The Company has a right to deny a service in case of direct or indirect infringement of third party’s (parties’) copyrights.
The Company has a right to deny a service in case it is related to illegal actions such as program code hacking, extraction of hidden information, illegal connection to paid resources etc.
The Company retains the right to correct the document without notice.
Last revision date 19.12.10