Public Agreement with MetaFX,LLC
This agreement is covering automated trading strategies, technical indicators, other software products that MetaFX,LLC (“Company”) is offering. One can find the list of the services offered on the site of the Company.
This Agreement is public and equivalent to “oral agreement” which has legitimate power in accordance with the USA law.
Services
The Company will develop the software of variable complexity. In particular, this is development of expert advisors, technical indicators and scripts using MQL programming language, as well as development of libraries for Metatrader using various programming languages. The company is also specializing in development of the server side software for Metatrader.
The client receives the source code of the developed software product.
Products
This is the software that the Company is offering to the end users and vendors. The company has the full right to sell the software in accordance with licensing agreements.
The Clients are accepting the licensing agreement that will allow them to use the software. Vendors are getting the license for distribution of the software products.
The rights of using of the product and its distribution are reflected in the licensing agreement between the Client and the Company.
Solutions
Solution is symbiosis of services and products of the Company. The Client has all rights and the source codes for the custom programming service offered. The Client is also getting the software license for the requested solution.Intellectual property rights are regulated by additional agreement that is confirmed at the stage of discussion of the requirements specification.
Stages of work
- Custom programming request
- Discussion and approval of the requirements specification
- Billing and payment for the requested service
- Development
- Testing
- Installation
- Guarantee service
Custom programming request
Custom programming request can be sent at the company web site by filling appropriate request form. It can be also sent to the email address of the manager with whom the Client has had conversation earlier or it can be sent to the public email address of the Company that is provided in “Contacts” section of the Company web site. The Company can not guarantee the response incase the request was sent in different way from the described above.
The custom programming request is reviewed within up to 48 hours from the time of its receipt. If more time is required for review of the custom programming request our manager will notify the Client about that.
Requirements Specification
Requirements specification is the document that describes technical requirements of the project. Requirements Specification is made by the Client and approved by the Company. The document can be made in a free form. The key is to make description full and complete for project implementation. The completeness of the requirements specification is defined by the Company. Recommendations for composing of this document can be found at the Company web site.
The timeframe for communication with requirements specification is not limited.
Billing
After approval of the Requirements Specification the Company is preparing and sending invoice for the custom programming service to the Client.
The invoice has the followingrequired details:
- The service name
- The service cost. It is provided in US dollars.
- The date of the invoice.
- Terms of the project development. It is defined in days.
- Terms of guarantee service. It is defined in days.
- The payment method.
The project development starts from the time of payment for the invoice. Guarantee service starts from the time of completion of the project development. If the project is developed earlier than stated in the agreement then the date of the guarantee service is not shifted to the earlier date.
The invoice can contain the date when the development starts which can be different from the payment date. This parameter is added in case when there is overload of our programming department. It is used seldom but the Company has the right to use shifted starting date of the project development.
The invoice has certain parameters with validity timeframes. Such parameters are the price and the development start date. The invoice can loose its validity within 30 days from its issue. The price is valid within 30 days from time of the invoice issue. After that period of time the Company is having the right to decrease or increase the price.
Development start date is valid within 7 days. It means that if Client has paid the invoice within 7 days from time of its creation then the development start date will be the date of the payment. After that time the Company has right to change the date of the development start.
The invoice can contain additional options. They are located in the Optional part.
Payment Options
For the payment the Client should use only those requisites that are stated in the invoice. Only then the Company can guarantee the service.
The Client has to pay 100% of the sum that is stated in the main part of the invoice.
Payment confirmation may take from 24 hours to the term that is previously agreed with the manager of the Company.
If the client wishes to pay in parts then the project should be split by the complete parts that can be tested separately. The manager of the Company decides if it is possible to split the project in parts.
Development
Development process starts from time of payment confirmation.
The client can not change the approved requirements specification within the time of development. Any change to the initial requirements specification is considered as modification and it is estimated separately.
The Company has right to ask for clarifications of the requirements specification.
Testing
Testing is performed by the Company as the part of the development process. It does not require additional time. Depending on the conditions of the requirements specification, testing of the final product can be made in two ways. It is made either on historical data (so called back-test) or real time data (forward test).
Installation
After the project has been developed and tested the Company is giving all the files of the project to the Client. In particular the Client has right for the source codes of the entire software product.
The package may contain short instructions for installation and use of the software product. Detailed instructions are ordered separately.
The testing specifications can be also contained in the setup guide.
Guarantee Service
Guarantee service includes error fixing if such error was found in the software.
Guarantee service does not include fixing of the software components which were developed by the third party developers that are used in the software product developed by the Company.
Guarantee service does not include checking of the additional software which can influence stability of work of the software product developed by the Company. Such additional software includes operating systems, data base engines, antivirus software and firewalls, Metatrader Terminal and other.
Guarantee services starts after development of the software is finished.
Response time within the period of guarantee service can be up to 72 hours.
Guarantee service can be shifted by the time the Company spent for error fixing in the software code.
Security
The primary method of communication between Company and Client is email. The identification requisite of the Client is the email address from which the Company has received initial request for the custom programming service. Or it can be the email address provided in the custom programming request form on the company web site.
Later the Client can add email addresses, phone numbers etc. to the contact list contained in his personal details.
The Client has to inform the Company about any changes to the email addresses used only through the initial email address. The Company can not guarantee response to the emails that came from unknown source even if such emails contained information related to the project of the Client.
The Client may work with other parties on the project. But this should be confirmed with the Company through official sources of communication.
Time-limit
The first request reaction is 24 hours. If more than 24 hours are required to analyze the request, the manager will notify about this.
The timeframe for communication with clarification of the initial task is not limited.
Reaction for request with clarifications of the task is 24 hours. If more time is required to review the request then our manager will notify about this.
Reaction for the request of any other kind is up to 48 hours. Such requests can be regarding support or partnership and others.
Reaction for requests within guarantee service period is 72 hours. If more time is required to analyze the request our manager will notify about this.
Payment confirmation can take up to 24 hours depending on the payment type which should be previously discussed with the manager of the Company.
Our business hours are from Monday to Friday (GMT) on a twenty four hour basis.
Company Web Site
The web site is public for all visitors. All visitors have ability to register. Registered users get access to the private zone of the site.
Only registered users and clients of the company can get emails (regular newsletter and private emails).
Any information about the registered users will be kept private and it will not be used by the Company without prior permission of such user.
Guarantees
The Company guarantees execution according to the terms and conditions described in this agreement.- The Company guarantees development of the software product according to the requirements specification of the client.
- The Company guarantees support of the software products within the terms of support. Additional agreement is required for expanded support of the software products.
- The Company guarantees full refund to the client in case of improper implementation of the software.
Disclaimer
- The Company is not responsible for any profit or loss that may be caused as the result of using of the software product.
- The Company is not intended to give advices for improving the trading systems.
- The Company has right to refuse service if the client can not provide information required for implementation of the project.
- The Company has right to refuse service if such software project could cause violation of intellectual property rights of the third party.
- The Company has right to refuse service if it is related to the illegal activity such as decompiling of the software code, extraction of the hidden information, illegal connection to the protected information sources etc.