Terms

Introduction

Your use of all Beeks Financial Cloud Group Plc. (“Beeks”) services is governed by this Terms of Service (the “Terms of Service”). By submitting our online order form and/or utilizing the Beeks services and products, the Customer hereby agrees to the following: This document (the “Agreement”) sets forth the principles, guidelines and requirements of the Terms of Service of Beeks Financial Cloud Group Plc (the “Company”) governing the use‚ by the customer (“Customer”) of Company’s services and products (“Services and Products”). The Company retains the right to modify these Terms of Service at any time. Any such modification shall be automatically effective as to all customers when adopted by Company and published at https://www.beeksfinancialcloud.com. The Company shall be the sole and final arbiter as the interpretation of the following. By utilizing the Company’s services and products, the Customer agrees to be bound by the terms herein outlined.

1. Service Fees and Billing

1.1. – For non-broker introduced Accounts customer agrees to pay all charges, fees and other amounts due under this Agreement in British Pounds, if an alternative currency is desired this must firstly be agreed by Beeks.

1.2. – Customer agrees to pay in advance for hosting services provided by Beeks if the costs are not covered by a third party broker. Customer is also required to pay one months deposit which is returned at the end of a 12month period or the contract end depending on which is sooner.

1.3. – Unless otherwise stated in an Order Form or any service description, the initial term of this Agreement shall be month-to-month, commencing on the service order date and shall automatically renew each month thereafter.

1.4. – Customer agrees to future automatic payments if a Credit Card or PayPal recurring‚ payment is used unless otherwise indicated to Beeks.

1.5. – Non-payment of service fees will result in suspension followed by termination of service.

1.6. Any third party product supplied by Beeks as part of an offer should be treated as such and Beeks will not be liable for performance of EA etc.

1.7. – Cancellations within 24 hours of purchase will receive a refund. Cancellation more than 24 hours after purchase requires the 30 days contract to be honoured and full charges must be paid.

1.8. – Refunds of any Beeks services for any operational, billing or any other reason can only be valid for up to 4 months prior to the claim.

2. Compliance with the Law

Customer shall not post, transmit, re-transmit or store material on or through any of‚ Services or Products which, in the sole judgment of the Company (i) is in violation of any‚ non-UK law or regulation, (ii) is threatening, obscene, indecent, defamatory or that‚ otherwise could adversely affect any individual, group or entity (collectively, “Persons”) or‚ (iii) violates the rights of any person, including rights protected by copyright, trade secret,‚ Patent or other intellectual property or similar laws or regulations including, but not limited‚ to, the installation or distribution of “pirated” or other software products that are not‚ appropriately licensed for use by Customer. The Customer agrees to indemnify and hold‚ harmless the Company from any claims resulting from the use of the services which‚ damages the Customer or any other party. Customer shall be responsible for determining‚ what laws or regulations are applicable to its use of the Services and Products.

3. Prohibited Uses of Services and Products

In addition to the other requirements of these Terms of Service, Customer may only use the‚ Services and Products in a manner that, in the Company’s sole judgment, is consistent with‚ the purposes of such Services and Products. If Customer is unsure of whether any‚ contemplated use or action is permitted, please contact the Company as provided above. By‚ way of example, and not limitation, uses described below of the Services and Products are‚ expressly prohibited.

3.1. General

3.1.1. Pornography and pornographic related merchandising are prohibited under all the‚ Company’s services. This includes sites that include links to pornographic content‚ elsewhere. Further examples of unacceptable content or links include: pirated software‚ “hacker” programs, anonymous/public proxies, proxy services, P2P file sharing, Torrent‚ sharing/seeding, archives of “Warez Sites”, game rooms or MUDs, IRC Bots, IRC, Egg Drop‚ programs, TOR network traffic inbound and outbound and any kind of illegal software or‚ shareware. In addition, sites offering online gambling, casino functionality, sportsbook‚ betting (including offshore), and internet lotteries are prohibited.

3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or‚ other intellectual property or similar laws or regulations, including, but not limited to, the‚ installation or distribution of “pirated” or other software products that are not appropriately‚ licensed for use by Customer.

3.1.3. Actions that restrict or inhibit any Person, whether a customer of Company or‚ otherwise, in its use or enjoyment of any of the Company’s Services or Products.

3.2. System and Network

3.2.1. Introduction of malicious programs into the Company’s network or server (e.g.‚ viruses and worms).

3.2.2. Effecting security breaches or disruptions of Internet communication. Security‚ breaches include, but are not limited to, accessing data of which Customer is not an‚ intended recipient or logging into a server or account that Customer is not expressly‚ authorized to access. For purposes of this Section 3.2.2., “disruption” includes, but is not‚ limited to, port scans, flood pings, packet spoofing and forged routing information.

3.2.3. Executing any form of network monitoring which will intercept data not intended for‚ the Customer’s server.

3.2.4. Circumventing user authentication or security of any host, network or account.

3.2.5. Interfering with or denying service to any user other than Customer’s host (for‚ example, denial of service attack).

3.2.6. Using any program/script/command, or sending messages of any kind, designed to‚ interfere with, or to disable, a user’s terminal session, via any means, locally or via the‚ Internet.

3.2.7. Creating an “active” full time connection on a Company-provided account by using‚ artificial means involving software, programming or any other method.

3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization‚ reporting, or other actions which have the effect of complicating the normal operational‚ procedures of the Company, including but not limited to altering, removing or in any way‚ modifying or tampering with Company created log files.

3.2.9. Any action which the Company determines, in its own judgment, will reflect poorly on‚ the Company or negatively impact its operations.

3.2.10. Any action which the Company deems to be an unacceptable use of resources‚ business practice or otherwise unacceptable to the Company.

3.3. Billing

3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.

3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures‚ to measure time, bandwidth utilization, or other methods to document “use” of the‚ Company’s Services and Products.

3.4. Mail

3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of “junk‚ mail” or other advertising material to individuals who did not specifically request such‚ material, who were not previous customers of Customer or with whom Customer does not‚ have an existing business relationship (“email spam”).

3.4.2. Sending UCE referencing an email address for any domain hosted by the Company;

3.4.3. Sending UCE referencing a domain hosted by the Company;

3.4.4. Sending UCE referencing an IP address hosted by the Company;

3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an‚ email address hosted by the Company, a domain hosted by the Company, an IP address‚ belonging to the Company;

3.4.6. The Company will be the sole arbiter as to what constitutes a violation of these‚ provisions.

3.4.7. Harassment, whether through language, frequency or size of messages.

3.4.8. Unauthorized use, or forging, of mail header information.

3.4.9. Solicitations of mail for any other E-mail address other than that of the poster’s‚ account or service with the intent to harass or to collect replies.

3.4.10. Creating or forwarding “chain letters” or other “pyramid schemes” of any type.

3.4.11. Use of unsolicited email originating from within the Company’s network or networks‚ of other Internet Service Providers on behalf of, or to advertise, any service hosted by the‚ Company, or connected via the Company’s network.

3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any‚ way.

3.4.13. Customer will be charged a minimum $300.00 service charge for each instance of a‚ verifiable UCE that is reported to the Company and faces immediate account suspension‚ and/or termination, as well as further penalties.

3.5. Customer Support

3.5.1. The Company promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of the‚ Company, via telephone, email, online chat or other means will result in immediate account‚ termination not withstanding any other terms of this agreement. Violation of this or any‚ section of this Agreement will result in refund ineligibility.

4. Indemnification of Provider/Relationship of Parties

4.1. Customer agrees to indemnify and hold the Company harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defence, for any matter‚ arising from or relating to Customer’s Website or any other material hosted by the customer‚ on the Company’s servers or services as provided hereunder.

4.2. Nothing contained herein shall be deemed to create a relationship between the‚ Company and Customer in the nature of a partnership, joint venture, editor or publisher or‚ otherwise. Both parties acknowledge and agree that the Company has no interaction with‚ the data or substance of Customer’s Website, except as necessary to maintain service.

4.3. The Customer agrees to indemnify and hold harmless the Company, its subsidiaries,‚ affiliates and each of their respective officers, employees, and/or agents (each an‚ “Indemnified Party”) against any losses, claims, liabilities, damages, judgments, penalties,‚ actions, proceedings, or any and all costs thereof (“Losses”) to which an Indemnified Party‚ may become subject and which Losses arise out of, or relate to the Agreement, the‚ Customers use of the Products and Services, breach of any confidentiality obligation or any‚ alleged infringement of any trademark, copyright, patent or other intellectual property right‚ and will reimburse the Indemnified Party for all legal and other expenses, including‚ reasonable attorney fees incurred by such Indemnified Party, in connection with‚ investigating, defending, or settling any Loss, whether or not in connection with pending or‚ threatened litigation in which such Indemnified Party is a party.

5. Security/Software

5.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect their‚ Login ID and password.

5.2. Customer agrees not to attempt to undermine or cause harm to any server, software‚ system or customer of the Company.

5.3. Customer agrees to maintain Customers’ computing equipment responsibly, including‚ running virus software.

5.4. Uploading a virus to a Company server will result in account termination, service‚ charges and/or prosecution.

5.5. Customer acknowledges that the Company cannot provide technical support for any‚ software and/or script that the Customer installs, other than variable name changes. The‚ Company supplies technical support for VPS or Dedicated Server hosting issues only. The Company shall be the‚ sole arbiter as to what constitutes a “VPS or Dedicated Server hosting issue”.

6. LIMITATION AND EXCLUSION OF LIABILITY

6.1. Limitations -‚ IN NO EVENT SHALL Beeks Financial Cloud Group Plc (the Company), IT’S‚ SUBSIDIARIES, AFFILIATES, OR OFFICERS HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION‚ PROVIDED TO THE COMPANY, DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA‚ THE SERVICES. THE COMPANY SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR‚ OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE‚ DAMAGES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH‚ DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY TO YOU FOR ANY REASON AND‚ UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO THE‚ COMPANY BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY‚ PRECEDING THE DATE ON WHICH SUCH CLAIM ACCURED. THIS LIMITATION APPLIES TO ALL‚ CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF‚ CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, ‚ AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY THE COMPANY UNDER THIS‚ AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF‚ RISK. ACCORDINGLY, YOU HEREBY RELEASE THE COMPANY FROM ANY AND ALL‚ OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS‚ SECTION

6.2. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY‚ FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS‚ LIMITED TO THE EXTENT PERMITTED BY LAW.

6.3. Interruption of Service – You hereby acknowledge and agree that the Company will not‚ be liable for any temporary delay, outages or interruptions of the Services. Further, the‚ Company shall not be liable for any delay or failure to perform its obligations under this‚ Agreement, where such delay or failure results from any act of God or other cause beyond‚ its reasonable control (including, without limitation, any mechanical, electronic or connectivity issue with or via a third party, or a third-party supplier issue or failure).

6.4. Maintenance – You hereby acknowledge and agree that the Company reserves the right‚ to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its‚ systems and network. The Company will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such‚ maintenance.

6.5. Backups and Data Loss – Your use of the Company’s servers and services is at your sole‚ risk. The Company is not responsible for files and/or data residing on your VPS or Dedicated Server. While‚ complimentary backups may be provided by the Company, You, the Customer agree to take‚ full responsibility for files and data transferred to/from and maintained on your VPS or Dedicated Server‚ and agree that it is your own (the Customer’s) responsibility to take backups of data residing‚ on your server.

6.6. Beeks Access to VPS or Dedicated Server – Beeks do not record and take responsibility for the passwords‚ for the user Administrator’s log on. There is a superadmin user assigned to each server which‚ gives Beeks technical staff access to a secondary user account on the server to allow us to‚ reset passwords and do general support activities. Users can disable all Beeks access to‚ superadmin account using normal Windows procedures. If Beeks access is revoked no password resets can be done or general server support be‚ carried out. Consequently, blocking of superadmin access is done at the end user’s risk.

7. Violation

Any attempt to undermine or cause harm to the Company servers or another customer’s‚ web presence or service availability is strictly prohibited. Any violation of the above Terms‚ of Service will result in grounds for account termination, with no refunds given; the‚ Company reserves the right to remove any account without prior notice. Violation of these‚ Terms of Service may result in legal action, service charges or a combination thereof.

8. Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the‚ Company may have access to certain products, information and materials relating to the‚ other party’s business, which may include business plans, customers, software technology,‚ and marketing plans that are confidential and of substantial value to either party,‚ respectively, and which value would be impaired if such information were disclosed to third‚ parties. Consequently, both the Company and the Customer agree that it will not use in any‚ way for its own account or for the account of any third party, nor disclose to any third part,‚ any such information revealed to it by either party, as the case may be.‚ The Customer and the Company further agrees that each will take every appropriate‚ precaution to protect the confidentiality of such information. In the vent of termination of‚ this agreement, there shall be no use or disclosure by either party of any such confidential‚ information in its possession, and all confidential documents shall be returned to the‚ rightful owner, or destroyed. The provisions of this section shall survive the termination of‚ the agreement for any reason. Upon any breach or threatened breach of this section, either‚ party shall be entitled to injunctive relief, which relief will not be contested by the Customer‚ or the Company.

9. Refusal of Service and Termination

9.1. The Company reserves the right to refuse or cancel service in its sole discretion with no‚ refunds.

9.2. If any of these Terms of Service are failed to be followed it will result in grounds for‚ immediate account deactivation.

10. Forex (Foreign Currency Exchange) Trading Activities

10.1. Risk Disclosure – Trading foreign exchange carries a high level of risk, and may not be‚ suitable for all investors. The high degree of leverage can work against you as well as for‚ you. Before deciding to invest in foreign exchange you should carefully consider your‚ investment objectives, level of experience, and risk appetite. The possibility exists that you‚ could sustain a loss of some or all of your initial investment and therefore you should not‚ invest money that you cannot afford to lose. You should be aware of all the risks associated‚ with foreign exchange trading, and seek advice from an independent financial advisor if you‚ have any doubts.

10.2. Internet/VPS/Dedicated Server Trading Risks- There are risks associated with utilizing an Internet/VPS/Dedicated Server -based deal execution trading system including, but not limited to, hardware malfunction‚ software failure, and Internet connection problems. While the Company (Beeks Financial Cloud Group Plc.) will strive to maintain a consistent connection and uptime, the Customer‚ agrees to hold harmless the Company, its employees, agents, resellers and providers for‚ any disruptions or subsequent losses resulting therefrom.

11. Disclaimer

11.1. USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S SOLE RISK.‚ NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY‚ INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES,‚ INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A‚ PARTICULAR PURPOSE, THAT THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE‚ INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS‚ THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS‚ OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR‚ MERCHANDISE CONTAINED OR PROVIDED THROUGH THE COMPANY’S SERVICE, UNLESS‚ OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA‚ WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL‚ SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND ITS EMPLOYEES OR OTHER‚ CAUSES.

11.2. THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ALL CLAIMS MADE BY THE‚ CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF‚ ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL‚ AMOUNT OF ALL FEES AND CHARGES PAID TO THE COMPANY BY THE CUSTOMER DURING‚ THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH A CLAIM MAY‚ ACCUR.

11.3. The Company reserves the right to revise or change these Terms of Service at any‚ time.

12. Access

12.1. As part of the service, a Beeks VPS will automatically start your platform instance if and when‚ your VPS reboots. To assist traders, we have designed an application which will automatically start‚ MT4 on any VPS reboot; this is called the POM application. Please see your welcome mail for the latest instructions on how to use the POM. Access to your VPS is provided via Remote Desktop Protocol (RDP). Please check your welcome mail for up-to-date details. Any access you attempt by means out-with the process described‚ throughout section 12 Access of this document is undertaken at your own risk, is accepted by you as an unsupported logon route, and no liability will be accepted by Beeks. Please consult the user manual for your platform to begin your automated trading configuration.

13. Data Protection & GDPR Compliance

13.1 Beeks complies with the GDPR (“General Data Protection Regulation”) and all UK data protection laws. Our Data Protection Officer (“DPO”) can be contacted at datarequests@beeksfx.com. You may contact the DPO with any questions or concern at any time.

13.2. The Company will not retain any personal information of the Customer without consent. By signing these Terms of Service, the Client gives consent for Beeks FX to hold the personal information you provide us with and share it with approved third-party sub-processors contracted by Beeks FX, as is required for Beeks FX to deliver your service. These third-party sub-processors may be located in countries outside the EEA.

13.3 The types of personal information we hold and may share include: name, email address, phone numbers, interactions with staff (via chat, email or phone), website visits, website form entry, IP address and purchase transaction details. The lawful basis for holding personal information is Contract, Consent and Legitimate Interest.

13.4 The Company will email the Customer with important information regarding services in the event of a service fault or change, and occasionally with other information pertaining to service updates, new products and Beeks news. These emails can be unsubscribed from at any time.

13.5 The Customer has the right to request that we amend or remove the personal information we hold as a Data Controller or Data Processor, or that our sub-processors hold, at any time. Beeks will amend or remove the details from our databases as requested within 1 month, and ensure they are removed from sub-processors if requested within the GDPR time limit.

13.6 The Company, as a Data Processor, is responsible for the following. “Controller” in this instance refers to the Customer’s data controller or DPO.

(a) ensuring the security of processing personal data;

(b) notifying the controller of any personal data breaches;

(c) not engaging sub-processors without the controller’s consent

(d) assisting the controller in responding to requests from data subjects;

(e) assisting with consultations with supervisory authorities;

(f) allowing the controller to decide whether data should be deleted or returned on termination of the contract;

(g) supporting the controller by providing evidence of compliance and audits; and

(h) notifying the controller if any of their instructions breach the GDPR or existing data protection law provisions.

13.7 Should you feel we are not complying, you have the right to lodge a complaint with the ICO.