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The parties that provide these third party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites. Company will work to forex time frames pdf ensure the amount of down-time is limited. Company MAY terminate free trial accounts OR ANY features OF THE services offered pursuant tree trial AT ANY time IN companys sole discretion with NO obligations TO THE user OF such account Professional Services Terms. Right to Remove, Suspend, Terminate. Cookies And Tracking Technologies. Subscriber Data means all Attribute Data and Behavioral Data. Information We Receive About Subscribers from Users. Customer understands that instead of using the opt-out link provided, some Contacts may use other means to submit a request to Customer to opt them out. Secure MyAccount Login, username This field is required, password This field is required. You can withdraw your consent for any of the cookies listed in the tables above by deleting them from your device.
In this Section, "you" or "your' refer to Users. Customer must notify Company immediately of any unauthorized access or use of Customers Account. Customer shall not: mail to Distribution Email Addresses, emails addresses copied or scraped from the internet (or to Contact email addresses otherwise programmatically obtained from any physical or electronic source newsgroups, purchased, loaned, or rented lists; mail to any. This Agreement and any Ordering Document may be executed in one or more counterparts, each of which when so executed and delivered or transmitted by facsimile, e-mail or other electronic means, shall be deemed to be an original and. Value is set to 'implied' for non-EU users 1 year apex_payload Performance/Functionality m or m site visitor To provide support contact details relevant to a Campaign Monitor account, and account details when submitting a support request 30 days third. Subscription Service means the web-based application(s) available to the Customer via the Site. For clarity, any API Connector/Integrations built by Company are hereby expressly considered Generic Tools and at no point will any API Connector/Integrations be considered Custom Works or Deliverables. Except any fees that are designated in the applicable Ordering Document as promotional or one-time, no fee change will be effective until renewal of that Service. Customer represents and warrants that: all personal information (including any Personal Data as defined by the gdpr) provided by Customer to Company (including, without limitation, that of Users and Contacts) has been collected with the relevant individuals consent; Customer. An FEC can be either at a premium (i.e.
Company will forward your counter-notification to the Claimant who submitted the original copyright infringement claim. Prior to any bulk and/or large Contact list uploads to the Services, Customer must obtain Companys prior written approval, which may be withheld in Companys sole discretion. Customer acknowledges and agree that such Advice will not be deemed to constitute financial, legal or tax advice. The Website and the Services are provided, supported, and hosted in the United States. Review our cookie information to learn more. Customer acknowledges and agrees that Customers resale of the Services to End Clients is subject to the following conditions: Customer shall promptly respond to queries from End Client and provide all customer relationship management to its End Clients, including. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymise Personal Information. The term of this Agreement will commence on the Effective Date and, unless earlier terminated in accordance with this Agreement, and will continue to apply to all Ordering Documents for the duration of such Ordering Documents. Higher than spot rate) or discounted (lower than spot rate) price, depending on the interest differential between the two currencies.
If we rely on consent to collect and/or process your Personal Information, we will obtain such consent in compliance with applicable laws. Statement of Work or forex client agreement SOW means a document entitled SOW or Statement of Work executed by the Parties and expressly incorporating this Agreement, as amended from time to time. You can find out more about us and our products here. This Personal Information may include (for example information such as your name, employer, job title, email address, phone numbers, and other company, contact, and/or employment information. No failure or delay by Company in enforcing any right or provision under this Agreement will be construed as a waiver of such right or provision or of any other right or provision. Nothing in this Agreement is intended to confer any rights or remedies on any person or entity which is not a party to this Agreement. The Services provide API Calls (Calls) to facilitate certain account activities without relying on the Services main application interface. Our Services are not intended for and may not be used by minors. 1) Write up clear and complete details of what you need done. Include any files, such as custom indicators, that will be necessary to complete your job. " Ongoing TAM Support means the creation and ongoing management of Segment Rules.
Customer acknowledges and understand that Company does not warrant that the Services will be uninterrupted or error free and that Company may occasionally experience hard outages due to disruptions that are not within Companys control. To the extent permissible by Law, Company and/or its Subcontractors own all rights, title, and interests in such Generic Tools. If You enter into this Agreement or acquire the Services on behalf of an entity, You represent and warrant that You have the authority to accept this Agreement on the entity's behalf. Information You Provide. Customer acknowledges that the Services allow Customer to upload data related to Contacts and also to track Contacts engagement with emails sent using the Services. No rights are granted to Customer other than as expressly set forth in the Agreement.
This Section.D does not apply if it is not fair or reasonable for Company to rely on it for the purposes of section 64A of the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth). Working with brokers of this nature often results in lower fees as well as additional trading time availability because of how the ECN functions. We collect and use all this data for our (and our Customers) legitimate interests, like providing our Customers with metrics around probability of engagement related to email sending times, locations, content and also to help our Customers understand industry trends in marketing. By submitting the notice, you acknowledge and agree that Company may forward the information to the person ( Alleged Offender ) who uploaded the allegedly infringing material. Customer is responsible for ensuring that email campaigns sent from Customers Accounts do not generate a number of abuse complaints in excess of industry norms. To screen for and prevent undesirable or abusive activity. Customer Content means, excluding the Services, any and all information, data, text, software, photographs, graphics, video, messages, tags and/or other materials and content, that Users post, upload, share, submit, store or otherwise provide or make available through or using the Services.
Customer forex client agreement releases Company entirely of all responsibility for the consequences of any down-time. Agrees to comply with any requests by Company to remove any connections to or from other websites and/or applications to the Services which Customer installs. Customer acknowledges that its timely provision of responses, assistance, cooperation, complete and accurate information and data from its officers, agents, and employees, and suitably configured computer products (collectively, Cooperation) are essential to performance of any Professional Services. Currency Options, a Currency Option Contract provides the buyer (holder) with the right (not obligation) to buy or sell currency at a predetermined rate (strike price) on a specific future date. In addition, the Website or Service may contain links to third-party websites and apps. Customer agrees that upon Companys assumption of the defense of the Services Claim: i) Company will not be liable to Customer for any legal costs or expenses subsequently incurred by Customer in connection with the Services Claim; ii). Your Data Protection Rights (EEA Residents Only). Customer is solely responsible for review of any Custom Works to ensure they do not violate or infringe a third partys privacy rights, Intellectual Property Rights, or any other rights. Pre-existing IP means any Intellectual Property Rights in materials and/or information (including, but not limited to, algorithms, methods, forms, software, software components in source or object code form) that is owned by, licensed to, or in the possession. Once Customer provides Confirmation of the Segment Rule, the TAM will implement the Segment Rule. Without limiting the above, Company shall maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Content. Whenever everything is understood and agreed to, you will receive a free". We require our Customers to comply with all applicable laws and regulations and to provide Subscribers with notice of the collection of data as outlined in this Notice.
Subscription Tier has the meaning ascribed in Section.A.v (Subscription Tier). If this is not possible (for example, because your Personal Information has been stored in backup archives then we will securely store your Personal Information and isolate it from any further processing until deletion is possible. Consult the help documentation and settings specific to your devices and applications to learn more about your options. Advertising cookies: These cookies are used to make advertising messages more relevant to you. We hope it was clear and reassuring. In addition, termination, cancellation or completion of an Ordering Document will not relieve either party of any previously accrued obligations or of any obligations which by their nature are intended to survive termination, cancellation or expiration. If Customer sends emails through the Services while using a trial version of the Services, Customer agrees that Company shall charge Customer, and Customer agrees to pay applicable fees whenever Customer sends a campaign to more than 5 recipients. USE OF THE services AND ANY reliance BY customer upon THE services, beta features, OR advice, including ANY action taken BY customer because OF such USE OR reliance, IS AT customers sole risk.
Customer shall promptly notify Company if Customer is unable to comply with the above obligations. Government list of persons or entities prohibited from receiving exports; and (b) Customer shall not permit Users to access or use Services in violation of any.S. Recipients of emails sent by our customers through our Services are also tracked using this technology. Customer and Company each agree to exclusively arbitrate any and all Disputes. In particular, Customer further acknowledges that it is not possible for Company to warrant that the Professional Services guarantee 1) high deliverability; 2) high engagement with Customer Content; or 3) a successful marketing campaign.
Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. In addition, while using the Services, Customer and/or Users may provide information (such as a Users name, contact information, and/or other registration information) to Company. Accordingly, Customer represents and warrants that Customer will forex client agreement maintain appropriate notice and consent mechanisms as required by Laws (or a reasonably requested by Company) and industry best practice to enable Company to deploy Cookies Lawfully on, and collect. Malicious Code means harmful or malicious code, files, scripts, agents, programs, or the like designed or intended to have, or capable of performing or facilitating, any of the following functions: disrupting, disabling, harming, corrupting, or otherwise impeding in any manner. Their Users control the content of any Personal Information uploaded to the Services, the content of emails sent, forms built, and information provided at the point of data collection. The liability of Company for any liability, loss, cost or damage, however caused (including by the negligence of Company suffered or incurred by Customer because of Companys modification of the Services or failure to comply with a consumer guarantee. You may also be required to provide. We use your IP address and a Campaign Monitor auto-generated Subscriber ID for abuse monitoring purposes (so we can identify a User who abused the Services by sending spam email or sent an email in any other manner contrary.
To Prevent Abuse/Illegal Activities. Customer shall pay any sales, use, value added, excise, property withholding or similar tax, duties, and any related tariffs, and similar charges applicable to Customers purchase of the Services assessable by any local, provincial, federal, or foreign jurisdiction and shall. Capitalized words in this Anti-Spam Policy that are forex client agreement not otherwise defined herein shall have the meaning ascribed in the Agreement or Acceptable Use Policy (as applicable). Campaign Monitor is a company headquartered in New South Wales, Australia. All rights not expressly granted herein are reserved by Company: Ordering Document; AUP; Agreement. Company may refuse to provide You with the Services, suspend or close Your account, and change eligibility requirements at any time in accordance with the terms of this Agreement. No Guarantee of Results.
3) We will review the job details and get back to you with any questions. They also allow us to collect information such as your IP address, browser, email client type and other similar details. Customer shall enter into binding contractual relationships with each End Client (End Client Agreements and enforce implementation of such End Client Agreements, that: requires End Client to comply with Laws, including those related to data privacy and intellectual property;. Segment Rule means the rule structure for segmentation of data created in accordance with Customers instructions. Customer is solely responsible for keeping Customers and/or forex client agreement Users account name, password, and any other login credentials confidential. Customer must retain records of any Permission received and shall provide such records to Company immediately upon request.
We use this information to measure the performance of our application and to provide analytics information and enhance the effectiveness of our Services. All fees stated in the Ordering Document are exclusive of any applicable taxes. If Customer violates this Section.L, Customer shall pay Company an amount equal to the aggregate compensation paid by Company to the solicited employee in the six months preceding Customers solicitation of such employee. " Services " means the Campaign Monitor email marketing software, products, forex client agreement applications, tools, and/or related services. For clarity, Ongoing TAM Support will only include activities related to Advanced Segmentation features. Customer hereby grants to Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, prepare derivative works, and otherwise fully exploit such Feedback. We refer to cookies created by us as "first party cookies". Company will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act dmca. Custom Fields means the extra fields added by a User to a Subscriber List that allows the User to store Attribute Data about their Subscribers. Please note that because most of the information we store can only identify a particular browser or device, and cannot identify you individually, you will need to provide us with some additional information to enable us to identify the. If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the Contact Us heading below. Our web servers keep log files that record data each time a device accesses those servers and those log files contain data about the nature of each access, including originating IP addresses. For clarity, removal, suspension, or termination pursuant to this clause will not terminate Customers obligation to pay fees owed to Company.
Grants to Company and its Subcontractors a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable right and license to use, process, store, edit, modify, aggregate, combine, reproduce, distribute, display, perform, and prepare derivative works of any data transmitted. Except as otherwise provided in this Agreement or required by Law, Company will not provide refunds or credits for partial or unused periods of service or mid-term downgrades. The information they collect may be associated with your Personal Information or they may collect information about your online activities over time and across different websites, apps and other online services websites. Forward Exchange Contract, a Forward Exchange Contract (FEC) is an agreement to buy or sell currencies at a future date of more than two trading days at a predetermined price. Permission must be obtained in one of the ways described below.
Subscriber List(s) means the list(s) of Contacts in Customers Account. Customers Account means the Web-based account provided by Company to Customer that enables Users to use the Subscription Services which is accessible to Users via usernames and passwords created and/or assigned by Customer. Privacy, Cookies Tracking Technologies. Key Takeaways, eCN brokers are brokers that use electronic communication networks (ECNs) that help clients directly access currency markets. We collect information using cookies about your interaction with an email sent to you through the Services. In some cases, we may not be able to remove your Personal Information, in which case we will let you know if we are unable to do so and why. In the event of any conflict between the terms of this Agreement and the other incorporated documents, the conflict will be resolved in the following order of precedence unless: 1) the conflicting term is expressly stated to vary the conflicting. Disputes Within Customers Account. Other than any Pre-Existing IP incorporated, embedded, or integrated into the Custom Works, Customer owns all right title and interest in the Custom Works. Customer agrees not to include duplicate Custom Fields across Subscriber Lists used for Advanced Segmentation unless Customer has obtained the right to augment and/or replace Attribute Data in the foregoing manner. Where we rely on our legitimate interests to process your Personal Information, they include the interests described in the sections above headed " Why We Process Your Information ". Either party may terminate this Agreement or any individual Ordering Document as follows: (a) for cause if the other party materially breaches this Agreement or an Ordering Document and does not remedy such breach within forex client agreement 30 days after.
Customer forex client agreement understands and agrees that Company may never make Beta Features generally available. While anti-spam laws like the.S. Attribute Data means a Subscribers stated interests, preferences, demographics, and other information about a Subscriber to be included in a Custom Field. You need a Campaign Monitor account to use the Services as a User. One of the biggest drawbacks to using an ECN is the price to pay for using. Beta Features mean services and/or features available to Users for use which are still in their beta stage and have not been fully tested. Throughout this Anti-Spam Policy references to Company are references to Campaign Monitor, and references to Customer are to you, a user of the Services. Implementation AND ongoing support. Customer will, and hereby agrees to, promptly reimburse Company for any and all of Customers Taxes (and any applicable penalties) that Company may be required to pay in connection with this Agreement upon receipt of Companys invoice. Relationship of the Parties.
Trading, trading Instruments, what is an ECN Broker, an ECN broker is a forex financial expert that uses electronic communications networks (ECNs) to give clients direct access to other participants in currency markets. How Do We Keep Your Personal Information Secure? If a User accesses, uses, or activates any features which are only included in a higher-priced Subscription Plan, Company may, in its absolute discretion, upgrade Customers account to the appropriate higher-priced Subscription Plan for the remainder of the Order Term and any renewals thereof. CAN-spam Act are a step in the right direction for reducing the spam problem, we dont feel they go far enough. Notwithstanding anything to the contrary forex client agreement in this Agreement, the Privacy Notice explains how Company handles Customer Content and other data processed by the Services. This Agreement hereby incorporates the Acceptable Use Policy available at, as updated from time to time (hereinafter, AUP). They perform functions like preventing the same ad from continuously re-appearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests. Customer understands and acknowledges that, it is not possible to guarantee that the performance of the Services will be successful in producing any specific results.