RECURRING PAYMENT AGREEMENT
A recurring payment (recurring charges) is a type of a bank payment intended for periodic and regular automatic payments and transfers from a Bank Card for services, goods or information. Such a payment requires no need for any action by the Card Holder. A bank initiates a recurring payment on its own on the basis of a client's long-term order after the successful completion of the first payment.
The main types of auto payments are as follows:
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING RECURRING PAYMENTS WHEN PAYING FOR GOODS OR SERVICES IN MQL5 SERVICES. BY USING RECURRING PAYMENTS, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE RECURRING PAYMENTS.
The User unconditionally agrees to and accepts the current Agreement governing the use of the service by performing implicative actions to activate the "Recurring Charges" Service.
1. TERMS AND DEFINITIONS
1.1. For the purposes of this Agreement, the following terms shall have the meaning as specified below:
Recurring Payment (Recurring Charges) is a type of a bank payment implying an automatic withdrawal of funds from a Bank Card. Such a payment requires no need for any action by the Card Holder.
"Recurring Charges" Service is a service for the performance of regular automatic transfers of funds from the Card Holder's Bank Card in favor of MetaQuotes Ltd via a Payment Processor for provided licenses/goods/services in MQL5 Services based on the Card Holder's acceptance provided in advance according to the separate agreements regulating the use of a specific service, as well as its tariffs and options.
MQL5 Services mean services, including, but not limited to, Market, Signals, Freelance, Blogs, Articles, Virtual Hosting and MQL5 Cloud Network controlled by MetaQuotes Ltd and available on www.mql5.com which allow the registered Users to receive additional materials or services on www.mql5.com under certain terms of service.
User means you as a person registered on the www.mql5.com website and having a permission to use an MQL5 Service according to a separate agreement for the use of a particular service.
Funds – User's funds that can be used to make purchases in the MQL5 Services. The data on Funds is displayed in the User's Client Area.
Client Area – User's personal web page on MetaQuotes Ltd Website with the URL address www.mql5.com, containing User's personal details, data from the appropriate MQL5 Services and data on the amount of Funds.
MetaQuotes Ltd Website means all elements, content and style (look and feel) of the website, including third level domains, with the URL address www.mql5.com.
Payment Processor means a legal entity, which is a third-party payment system authorized by MetaQuotes Ltd to provide payment processing services in MQL5 Services via the Internet using a specially developed web interface, including those related to the implementation of regular automatic transfers of Funds from a Card Holder’s Bank Card.
Payment Account means a financial account issued by the Payment Processor in its payment system pursuant to a separate agreement with a User whose use of the Payment Account must be approved by the Payment Processor.
Bank Card is a debit or credit card issued by a Card-Issuing Bank, used as a tool of non-cash payments and intended for conducting operations with funds stored in the Card-Issuing Bank accounts of the Card Holder. The possibility of using specific card types (VISA International, Mastercard International etc.) is set by the Card-Issuing Bank.
Card-Issuing Bank is a credit institution issuing Bank Cards, as well as performing settlements on operations conducted using Bank Cards.
Card Holder is an individual who orders the Card-Issuing Bank to transfer funds from the Bank Card on behalf of the User in favor of MetaQuotes Ltd via the "Recurring Charges" Service.
Request is an information message sent by the Payment Processor to the Card-Issuing Bank for transferring funds from the Bank Card in favor of MetaQuotes Ltd.
Account or MQL5 ID or MQL Account means an account of a website user with a Login and a Password created for Your use of www.mql5.com.
Login means the identification code, which, in combination with the Password, gives You access to Your User Account.
Password means a code You select, which, in combination with the Login, gives You access to Your Account.
Personal Data means personal details provided by him/her when registering on MetaQuotes Ltd Website or using MetaQuotes Ltd Website functionality and MQL5 Services.
User Acceptance means the User's unconditional acceptance of the current Agreement terms.
1.2. Words used in singular form include the plural, and vice versa, as appropriate.
1.3. Any words following the terms (in any form) "including", "among other things", "in particular" and similar expressions shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
2. GENERAL PROVISIONS
2.1. This Agreement, as well as updates hereof, is an agreement between You and MetaQuotes Ltd, which governs the terms, on which You can use the "Recurring Charges" Service.
By clicking on the "Continue", "Accept", "Pay" or a similar button, or checking a corresponding field, or clicking an appropriate link, You agree to the terms and conditions of this Agreement.
The User who has not agreed to be bound by the terms and conditions of this Agreement shall have no right to use the "Recurring Charges" Service.
2.2. Your agreement with MetaQuotes Ltd can also include Rules, Additional Terms and Additional Agreements published or declared by MetaQuotes Ltd on the Web or in the MetaQuotes Ltd Website. Rules, Additional Terms and Agreements include, but are not limited to, terms and conditions set forth in this Agreement.
2.3. You acknowledge and agree that by accepting the terms of the Agreement, as well as Rules, Additional Terms and Additional Agreements, You enter into a legally binding agreement with MetaQuote Ltd. In case of any conflict between the Rules, Additional Terms or Additional Agreements and this Agreement, the Rules, Additional Terms or Additional Agreements shall prevail with respect to any particular service offered by MetaQuotes Ltd. We reserve the right to revise and update any of these Agreements, Terms and Rules from time to time. Such changes shall be effective upon their publication on the www.mql5.com website. Before using any of MQL5 Services, You are required to read and accept the corresponding Rules, Additional Terms and Additional Agreements.
2.4. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the www.mql5.com website or MQL5 Services.
2.5. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
3. DESCRIPTION OF THE "RECURRING CHARGES" SERVICE AND THE METHOD OF ITS ACTIVATION
3.1. "Recurring Charges" Service allows the User to make purchases in MQL5 Services by performing regular automatic transfers of funds from the Card Holder's Bank Card in favor of MetaQuotes Ltd via a Payment Processor based on the Card Holder's acceptance provided in advance according to the separate agreements regulating the use of a specific service, as well as its tariffs, durations and options.
3.2. The Acceptance of the current Agreement and ordering the "Recurring Charges" Service comprise of a consistent set of User actions on the www.mql5.com website allowing the User to activate the service in the most convenient way. Activating the "Recurring Charges" Service involves the following User actions:
3.3. The "Recurring Charges" Service is provided without an activation (deactivation) and subscription fees.
3.4. Performing actions described in p. 3.2 of the Agreement is accepted as an equivalent of the User's handwritten signature.
3.5. The period of the Agreement acceptance is unlimited and valid until the termination of this Agreement on the terms described in this Agreement.
3.6. The first payment and the successful registration of the Bank Card in the Client Area mean acceptance of the current Agreement terms by the User. By activating the "Recurring Charges" Service, the User confirms his/her consent for periodic transfer of funds from the Bank Card and/or Funds located on the MQL5 account for the amount of invoices issued by MetaQuotes Ltd from the moment the "Recurring Charges" Service is activated until its deactivation according to this Agreement.
4. "RECURRING CHARGES" SERVICE FEATURES
4.1. After activating the "Recurring Charges" Service, recurring transfers are made from the Bank Card at the moment and in the amount necessary for the proper fulfillment of the User's obligation to pay for the ordered services in MQL5 Services.
4.2. The funds are directly transferred by the Card-Issuing Bank based on the User’s prior consent for such transfer at the moment and in the amount specified according to the separate agreement governing the use of a specific MQL5 Service. A money transfer Request indicating the transferred amount is passed to the Card-Issuing Bank by the Payment Processor under the relevant agreements concluded with MetaQuotes Ltd.
4.3. The User shall have one activated "Recurring Charges" Service per single Visa (Visa Inc.), Mastercard or Maestro (Mastercard International Inc.) Bank Card for each Payment Processor at a time.
4.4. MetaQuotes Ltd does not store or process User’s Bank Card details only sending requests for performing recurring operations on the User's Bank Card to the Payment Processor.
4.5. MetaQuotes Ltd does not guarantee the possibility of conducting operations using the Bank Card.
4.6. The User guarantees that he/she is the Card Holder and that he/she enters all the required Bank Card details consciously, correctly and completely while activating the "Recurring Charges" Service.
4.7. Activation of the "Recurring Charges" Service in the manner provided by the current Agreement is performed only if MetaQuotes Ltd, the appropriate Payment Processor and the Card-Issuing Bank have the necessary technical ability. MetaQuotes Ltd, the Payment Processor and the Card-Issuing Bank are not responsible for the inability to activate the "Recurring Charges" Service.
4.8. MetaQuotes Ltd has the right to make changes to the current Agreement governing the use of the service by notifying the User in advance in an accessible way, including by an e-mail specified in the User’s Client Area by the User, or by a message available in the Client Area, or by posting information on the MetaQuotes Ltd Website.
4.9. In case the funds on the Bank Card account are insufficient for the next transfer, MetaQuotes Ltd has the right to repeat the request to charge the funds on the Bank Card and/or the Funds located on the MQL5 account.
4.10. "Recurring Charges" Service can be used only with unblocked Bank Cards having sufficient funds. If the Bank Card expires, the service is suspended until a new Bank Card is registered.
5. DEACTIVATING THE "RECURRING CHARGES" SERVICE
5.1. Deactivation of the "Recurring Charges" Service is performed at www.mql5.com:
6. RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1. The User agrees to:
6.1.1. Comply with the terms of the current Offer;
6.1.2. Make sure the service is activated by the User personally from his/her Client Area and prevent third parties from attempting to perform such actions from his/her Client Area. In any case, the User is responsible for all actions performed from his/her MQL5 account;
6.1.3. Notify the Contractor of changes in User's Personal Data;
6.1.4. Provide accurate data when using the "Recurring Charges" Service;
6.1.5. In case of a loss (replacement) of a Bank Card, notify MetaQuotes Ltd of that fact no later than 3 days from the day of loss (replacement) in order to terminate the account deposit service using the details of the lost (replaced) Bank Card, as well as apply the details of a new Bank Card;
6.1.6. Keep the Login, Password, Bank Card number and other data necessary for accessing the Client Area in secret. The User shall bear all the risks associated with the possible intentional use of the above information by third parties;
6.1.7. Provide the sufficient funds on the Bank Card account connected to the "Recurring Charges" Service at the date preceding the Payment amount calculation to perform Payments, as well as track the Bank Card validity period, its re-issue and replacement.
6.2. Rights and obligations of the Contractor:
6.2.1. The Contractor shall provide the User with the ability to use the "Recurring Charges" Service to perform payments in favor of MetaQuotes Ltd;
6.2.2. The Contractor shall ensure the round-the-clock operation of the Service with service breaks for a period of not more than 96 hours;
6.2.3. The Contractor has the right to change the conditions or terminate this Offer at any time unilaterally and out of court after notifying the Users in the manner prescribed by the Terms of the current Agreement.
7. "RECURRING CHARGES" SERVICE LIMITATIONS
7.1. The Payment Processor and/or the Card-Issuing Bank may set various limitations on financial transactions using the Bank Card. The User shall get familiar with such limitations and tariffs directly on the Payment Processor and/or Card-Issuing Bank websites in advance.
8.2. Under EU law, You have the right to cancel your purchase of digital content, such as software applications or subscriptions to digital content, within 14 days. However, when purchasing such content (or subscribing to it) in MQL5 Services, You agree that it will be provided to You immediately, and thereby waive Your statutory right of withdrawal. Consequently, You shall not be able to claim a refund or other reimbursement if You receive the content in proper condition.
8.3. No refund can be obtained after Your subscription to digital content begins. If You no longer want to use a subscription, You can cancel it. The access to the content remains till the end of the paid period.
8.4. Refund methods. If purchased digital content does not match the description in MQL5 Service or does not work correctly, You can contact the software developer or the signal provider for help or request a refund on the www.mql5.com website by contacting the administration via the Client Area.
8.5. Refunds are made only for objective reasons, such as incorrect application operation or inconsistency with the description in MQL5 Services. After a User submits the appropriate request, a decision on a refund is made within 14 business days. If it is positive, the funds are deposited to the MQL5 account.
8.6. A refund is carried out exclusively to the User’s MQL5 account within 7 (seven) banking days from the date of applying for a refund.
9. LIABILITY OF THE PARTIES
9.1. MetaQuotes Ltd, the Payment Processor and the Card-Issuing Bank are not responsible for the inoperability and/or temporary inoperability of the "Recurring Charges" Service. The User shall control the fulfillment of his/her payment obligations in MQL5 Services on his/her own. In case of inoperability and/or temporary inoperability of the "Recurring Charges" Service, the User shall use other ways of fulfilling obligations under the relevant agreements in MQL5 Services.
9.2. The User shall activate, deactivate and resume the previously registered automatic payments from the Bank Card on his/her own. The User is responsible for the safety of the Account data and Passwords.
9.3. The User is notified and confirms that, during the entire term of this Agreement, MetaQuotes Ltd has the right to terminate a corresponding separate agreement for the use of a particular MQL5 Service at any time due to non-receipt of the next payment from the User or for any reason permissible by law.
9.4. Disputes of the Parties arising in connection with the fulfillment of the terms of the current Agreement shall be resolved in the course of filing claims.
9.5. The Parties acknowledge and agree that under no circumstances shall MetaQuotes Ltd be liable to the User or any third parties for any direct or indirect losses, including lost profits or data, damage to honor, dignity or business reputation, caused by the use/non-use of the "Recurring Charges" Service.
9.6. The Parties are exempted from liability for partial or complete failure to fulfill obligations under the Agreement if this failure was the result of force majeure.
9.7. Disputes of the Parties arising in connection with the fulfillment of the terms of the current Agreement shall be resolved in the course of filing claims in the Client Area.
10.1. While activating the "Recurring Charges" Service:
10.2. MetaQuotes Ltd has the right to disable and/or restrict the User in using the "Recurring Charges" Service.