General Terms and Conditions of Business
Valid from 27.11.2023
1. Preamble
1.1. Cointract AG (hereinafter referred to as "CTAG") is a company limited by shares incorporated under Swiss law, registered in the Commercial Register of the Canton of Lucerne under the company registration number CHE-334.091.887 and which maintains its place of business in 6213 Knutwil, Sonnmatt 7, Switzerland.
1.2. CTAG provides services in the area of digital assets which are issued and transferred on a blockchain or other encryption-based distributed ledger (hereinafter referred to as "Crypto Assets").
1.3. CTAG is a member of the self-regulatory organisation (SRO) "VQF - Financial Services Standards Association" (hereinafter referred to as "VQF; www.vqf.ch; CHE-105.015.009), Zug, which is recognised by the Swiss Financial Market Supervisory Authority (hereinafter referred to as "FINMA"; www.finma.ch).
1.4 CTAG is not subject to (direct) FINMA supervision. CRYPTO ASSETS are not covered by deposit protection under banking law.
2. Purpose and Area of Applicability
2.1. These general terms and conditions of business (hereinafter referred to as “GTC”) regulate the business relationship between the client and CTAG (hereinafter referred to as “Business Relationship”) and form an integral part of the contractual relationship between the client and CTAG. These GTC also govern the overarching framework of the direct contractual relationship between the client and the co-operation and trading partners of CTAG, in particular and by name the blockchain platform "Nexo" (hereinafter referred to as "Nexo" or "CTAG trading partner"; www.nexo.io), (hereinafter referred to as "Cooperation Partner").
2.2. Clients are defined as natural persons who use the services of CTAG. CTAG provides its services for clients who have entered into a valid client relationship with CTAG. CTAG only offers its services to persons with legal capacity who are resident in Switzerland and have Swiss citizenship or who have citizenship of an EU Member State or the United Kingdom. CTAG's services are not available to so-called "US Persons" in accordance with US laws and regulations or to foreign politically exposed persons (PEPs).
2.3. CTAG provides services to its clients in connection with Crypto Assets, in particular for the deposit of Fiat currencies, the custody, trading and lending of Crypto Assets - hereinafter referred to as "Service(s)” - and makes a mobile application (hereinafter referred to as "CTAG App") available to them.
Access to and use of the Crypto Assets are subject to the important legal notices contained in this document. These GTC may be added to by means of special agreements that are applicable in connection with Services or products offered by CTAG where the client acts as a contracting partner. In case of a conflict, special agreements, as well as the service agreement concluded separately with each client, shall take priority.
By accessing and using the CTAG App, the client hereby confirms that he or she has read, understood and accepted the service agreement and the GTC. In addition, the client hereby declares his or her agreement that CTAG may adjust the service agreement and/or the GTC at any time. Should the client disagree with the adjustments, he or she is required to discontinue the use of the Services and to inform CTAG of such immediately in writing. In such a case, CTAG is entitled to immediately terminate the Business Relationship.
2.4. CTAG reserves the right to alter or discontinue the Services offered or to add further services. In particular, CTAG reserves the right to temporarily or permanently suspend the purchase or sale of Crypto Assets in the CTAG App.
3. Cold and hot wallets; custody and protection of digital assets (CRYPTO ASSETS)
3.1 The SERVICES are related to the opening and management of two wallets in particular:
- Hot Wallet (trading/revenue account)
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The customer can store, trade and lend his CRYPTO ASSETS with the partner company via this wallet (collective custody) opened and managed by the COOPERATION PARTNER Nexo.
The hot wallet is displayed virtually in the CTAG APP as a (i) trading wallet address (trading account) and (ii) earning wallet address (earning account).
- Cold Wallet (Safe)
This wallet (individual custody) is comparable to a vault or safe located at the customer's home, in which CRYPTO ASSETS can be stored with a higher level of protection. The customer can use this wallet to store their private keys securely.
3.2 The CRYPTO ASSETS stored in the customer's hot wallet earn interest through the CTAG-TRADING PARTNER. In contrast, the assets stored in the customer's cold wallet do not earn interest.
3.3 The assignment or pledging of claims against CTAG and/or the COOPERATION PARTNER to third parties in connection with the wallets requires the written consent by CTAG.
Hot Wallet (trading/revenue account)
3.4 The Hot Wallet is opened and managed by the CTAG TRADING PARTNER via the CTAG APP.
3.5 The customer acknowledges that the CRYPTO ASSETS held in the Hot Wallet are lent to the trading partner Nexo, are therefore on the balance sheet of this provider and are therefore subject to counterparty risk. In return, the customer receives compensation (interest) from Nexo.
The customer recognises and agrees that this lending is at his risk.
3.6 The hot wallet is used to process transactions in connection with the CTAG APP. This relates in particular to the processing of buy and sell orders, the crediting and debiting of interest, distributions or fees, etc. The hot wallet cannot be used for ordinary payment transactions. Nor can it serve as a basis for spot transactions, stock exchange transactions, the credit business or other banking services.
3.7 In order to provide the customer with a better overview of the risk subscribed in digital assets, the assets held in the Hot Wallet are displayed virtually in two separate wallets in the CTAG APP:
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In the "Trading Wallet Address" (trading account), the coins that are subject to market risk and may have correspondingly higher fluctuations in value are displayed.
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The "earning wallet address" (earning account) displays the stablecoins that are firmly linked to a reserve currency (e.g. USD or EUR) or other assets (e.g. precious metals) and are therefore subject to a lower market risk.
Cold Wallet (Safe)
3.8 For a safekeeping fee, CTAG offers customers the option of holding and protecting the Private Keys of their CRYPTO ASSETS in a safe in their name (individual custody).
3.9 CTAG will hand over the access keys to the safe to the customer when the safe is opened and will deliver the private keys to the customer personally in an encrypted PDF. CTAG does not have access to the customer's credit balances and passwords at any time.
3.10. The customer expressly recognises and agrees that he is solely responsible for keeping the seed phrase (Seed Recovery Phrase) safe in order to be able to recover his CRYPTO AS-SETS in the event of loss of his device. If the customer loses access to his device, he expressly acknowledges and agrees that all assets he has placed in the safe will become inaccessible unless he has kept the seed phrase of his safe provided to him by CTAG in a safe place and instructs CTAG to restore the safe on this basis.
4. Cooperation Partner – Order and Power of Attorney
4.1. CTAG provides its financial services via its mobile application (CTAG App). CTAG is also responsible for client identification (KYC) and the associated duty of care obligations. CTAG provides its services in co-operation with external partners in Switzerland and abroad, through which the receipt of Fiat currencies and the custody, trading and lending of Crypto Assets take place.
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4.2. By means of the agreement of the client to these GTC, the client is hereby simultaneously granting CTAG the mandate and power of attorney to (i) conclude a client agreement with the CTAG Cooperation Partner, namely Nexo (www.nexo.io), in the name of the client, which is subject to its provisions (https://nexo.io/terms-and-conditions) and (ii) in this context, to open a hot wallet with the CTAG Cooperation Partner and to manage it from a technical point of view, with which the client can acquire, sell or lend Crypto Assets with the CTAG Cooperation Partner.
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4.3 The customer agrees that CTAG will convert the amounts paid in by the customer and exchanged into USDT at the COOPERATI-ONSPARTNER Bity AG (CHE-329.301.814), Neuenburg, into the CRYPTO ASSETS specified by the customer and place them in the customer's hot wallet at the CTAG TRADING PARTNER, in accordance with the service agreement and the GTC. Technical support includes all conceptual, organisational and accounting activities.
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4.4. By signing the service agreement, the client hereby confirms the scope of the services that are being procured from CTAG and is issuing CTAG with power of attorney to initiate trading orders with the CTAG Cooperation Partner in accordance with the client's instructions (execution only), to debit any costs, fees and taxes incurred to the wallet and to carry out transfers from the income wallet in accordance with the instructions of the client.
5. Communication
5.1. Once an account has been set up with CTAG, all communication between CTAG and the client in connection with the purchase and sale, as well as the lending of Crypto Assets will take place exclusively in electronic form via the CTAG App, unless expressly stated otherwise in these GTC. Declarations will not be sent to the client additionally in paper form, unless a legal obligation to do so exists.
5.2. CTAG may use any communication channel to provide the client with information and data that are relevant or of use to the Business Relationship, in particular CTAG's web and mobile applications, as well as unencrypted communication channels, including email. CTAG shall exercise the necessary care and take the general, standard precautions to detect and prevent fraudulent activities within its sphere of activity.
5.3. Notifications from CTAG via any communication channel shall be deemed to have been delivered when transmitted by CTAG to one of the contact addresses provided by the client and, where required by law, have come into the client’s power. In particular, such information and documents may include, but are not limited to, bank statements, notices and amendments to the GTC or other agreements between the client and CTAG.
5.4. The use of unencrypted communication channels gives rise to various risks that can lead to losses being incurred by the client. Amongst others, these risks include the risk of transmission errors, alteration or duplication by unauthorised third-parties, the risk of interception or manipulation of content and the risk of malware being introduced by unauthorised third-parties. By means of the use of the said communication channels, the client hereby accepts the said risks and agrees to bear any resulting consequences or disadvantages.
6. Cooperation Obligation of the Client
6.1. CTAG is entitled to request from the client any kind of information, documents or data which are necessary or useful to the Business Relationship or for the provision of the Services. Amongst others, this information, documentation and data includes details concerning the person, nationality or nationalities, place of residence and bank details of the client. Information and documents concerning the economic beneficiaries in accordance with the definition in the applicable laws and regulations may also be requested, in particular the regulations on combating money laundering and the financing of terrorism, as well as concerning the origin of the funds and the income and asset positions.
6.2. In order to properly carry out the business transactions, it is necessary for the client to immediately inform CTAG of any name and postal address changes, as well as changes to the email address. The client is obliged to regularly check the messages received in his or her inbox in the CTAG App and by email.
6.3. The client is obliged to cooperate and provide up-to-date contact information in order to avoid dormant assets. For this purpose, the client is obliged to take all suitable measures to avoid a loss of contact. CTAG may charge the client for the efforts and expenses that are necessary in order to re-establish contact with the client. In case of continued non-use of the client account, CTAG reserves the right to deactivate access to the CTAG App.
6.4. The client should ensure that CTAG is notified immediately of any event such as insolvency, incapacity to act, death or declaration of presumed death of the client. Any losses resulting from such an event and the failure to provide information to CTAG shall be borne by the client.
6.5. Any objections to documents that have been delivered must be notified in writing or via the CTAG App immediately, but no later than 30 (thirty) calendar days after receipt, otherwise these shall be deemed to have been approved. Should the client fail to provide timely notice of a complaint, this shall be deemed to represent a breach of the client obligations, including the duty to mitigate losses, and the client shall bear the resulting risks himself or herself.
6.6. Should cases of doubt arise in the course of business operations, such as unusual errors, unexpected system behaviour, irregularities or similar circumstances which may give rise to the suspicion of unusual or criminal behaviour, the client shall be obliged to inform CTAG immediately.
6.7. The client shall be obliged take and maintain all reasonable security precautions in relation to the CTAG App and all communication channels used for corresponding with CTAG with the required standard of care. The client shall ensure that the most up-to-date version of the CTAG App is used. In addition, the client is obliged to protect his or her own information technology infrastructure, in particular his or her devices, software and networks against electronic attacks and unauthorised use and to keep these up-to-date.
6.8. A client who has registered ("logged in") with his or her user name and password in the CTAG App must not leave his or her mobile device, via which the registration was carried out, unattended. In case of a breach of the conduct guidelines referred to above, the client shall incur liability for all associated risks and losses. The client is obliged to protect his or her mobile device with a code as a minimum.
6.9. The client is responsible himself or herself for the safekeeping of his or her individual combination of user name and password. The client must exercise all possible care and take all suitable precautionary measures to ensure that unauthorised persons do not gain knowledge of his or her individual user name and password combination. In particular, the client may not keep his or her individual combination of user name and password together with his or her other documents that relate to CTAG and may not store or retain these electronically or in any other form.
The client must select a personal individual combination of user name and password in such a way that these cannot be easily discovered by unauthorised persons.
6.10. Should the client become aware or have a reasonable suspicion that his or her individual combination of user name and password has become known to unauthorised persons or that his or her account with CTAG has been used in an unauthorised manner, the client shall be obliged to notify CTAG of such immediately and - where possible - to change his or her individual combination of user name and password in the CTAG App without delay. Should the latter not be possible, CTAG will, immediately after receipt and becoming aware of the corresponding notification and after verification of identity during normal business hours, block the client's access to his or her account in the CTAG App until further notice. The client's account may be blocked by CTAG at any time if unauthorised use is detected. In such a case, CTAG will inform the client of the necessary steps to prove beyond doubt his or her lawful ownership, which is required for the blocking to be lifted. Should indicators of unauthorised use of the access exist, CTAG is entitled to block the Crypto Assets in the client's wallet, which means that an outflow of Crypto Assets is not possible.
6.11 The client may only use content published by CTAG with the written permission of CTAG.
7. Trading - Performance of Trading Orders
7.1. The client can carry out trading via the CTAG App. Trading orders for the purchase or sale of Crypto Assets can only be initiated via the CTAG App. The orders are carried out 24/7 in a fully automated manner. The purchase or sale is confirmed to the client via the CTAG App. CTAG is not obliged to perform trading orders that are issued by telephone, fax or other electronic channels. The trading orders are arranged in accordance with CTAG's standards and those of the CTAG trading partner for best possible performance and contractual duty of care (best execution).
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7.2. CTAG endeavours to provide the services for the benefit of the client in an expeditious manner and to effect the performance of trading orders within a reasonable period of time. However, the client hereby acknowledges and accepts that delays may occur for various reasons, including (but not limited) to verifying performance requirements, clarifying the origin of assets, ensuring compliance with laws and regulations or for technical and operational reasons.
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7.3. Trading orders of the client are performed on an execution-only basis. The client hereby acknowledges and agrees that no communication between CTAG and the client constitutes investment advice in relation to the Crypto Assets or any investment in these and that CTAG is not required to assess the client's knowledge and experience, financial position or investment objectives.
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7.4 The client is aware that the Services in relation to Fiat currencies may depend on the operating hours and other operational restrictions of the banks and other third parties (cooperation partners) who are included by the client or CTAG.
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7.5. The client hereby acknowledges and declares his or her agreement that trading orders may not be performed due to market conditions and technical circumstances, including (but not limited to) technical problems with internet service providers or other information technology infrastructures, Crypto Assets events, lack of liquidity or unavailability of trading platforms and other trading systems, or other situations that are outside of the control of CTAG.
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7.6. CTAG has the right to interrupt, restrict or suspend the provision of the Services at its own discretion. Reasons for such interruptions, restrictions or suspensions include (but are not limited to): technical or operational reasons, Crypto Assets events or compliance with applicable laws and regulations (for example sanctions, embargoes, anti-money laundering and counter-terrorism financing regulations), self-regulatory standards, business or trading practices, contractual obligations of CTAG or internal standards of CTAG or those of the cooperation and trading partners of CTAG. Disruptions, restrictions and suspensions may result in, amongst others, the termination or blocking of accounts or assets or the refusal to accept assets from clients.
8. Acceptance and return of digital assets (CRYPTO ASSETS)
8.1 CTAG does not accept any digital assets from customers or third parties and does not transfer any digital assets to third parties. Deposits and withdrawals are made exclusively in the form of fiat currencies via the customer's deposit account and are transferred to the account from which the customer made the deposit to CTAG.
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8.2 In particular, the Customer acknowledges and agrees that deposits in fiat currencies that exceed the amount or equivalent of CHF 100,000 may only be registered after corresponding notification from CTAG via the support channel from the CTAG APP and at least one working day in advance in accordance with CTAG's opening hours. After receiving confirmation of the transfer details from CTAG (i.e. type of asset, amount, time of transfer), the customer can initiate the payment.
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8.3 CTAG has the right to have assets in fiat currency transferred back to the client's bank account at any time.
9. Suspension of Services and Support of Assets
9.1. The client is aware and hereby declares his or her agreement that according to its own discretion, CTAG may not support certain digital assets, including for economic, technical, operational, legal or regulatory reasons.
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9.2. CTAG may adjust or suspend all or part of the Services at any time, in particular (but not limited to) the range of products and assets available to clients, including Crypto Assets and Fiat currencies or other assets.
9.3. CTAG may decide which Crypto Assets are supported and offered within the framework of the Services. Should CTAG decide to stop offering certain Crypto Assets in the CTAG App, the client must exchange these for another currency within the specified deadline. Should the client not have exchanged the assets within the specified deadline, the client hereby accepts that CTAG will convert the Crypto Assets into the base currency and credit the client's income wallet.
10. Fees and Costs
10.1. The client hereby authorises CTAG to debit any fees, expenses, interest and costs or any other type of charges agreed with CTAG and its cooperation and trading partners from his or her account when due and to credit his or her account to correct charges or for any other reason.
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10.2. CTAG reserves the right to unilaterally adjust the amount and scope of the fees and expenses at any time and without the giving of reasons, in particular due to changes to market conditions or third party fees that are charged by CTAG. Such changes will take effect at the time of publication on CTAG's website, notification in the CTAG App or notification to the client via other communication channels.
10.3. CTAG is entitled to charge the client for special expenses that are caused by the client, in particular due to insolvency or bankruptcy proceedings, the enforcement of security interests or court proceedings against the client, Crypto Asset events or the termination of the Business Relationship with the client.
10.4 The fees, expenses, interest and costs or any other type of charges will be stated in the CTAG App, on CTAG's website and on the website of CTAG's cooperation partner.
11. Data Protection, Profiling and Marketing
11.1. The client is aware that CTAG gathers, saves, uses or otherwise processes information. Personal data is all information that relates to a certain or determinable natural person according to Swiss law, such as name, contact information, account number and economic beneficiary.
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11.2. When CTAG processes personal data, it takes suitable measures to ensure compliance with applicable data protection laws and regulations. The principles applied during the processing of personal data are set out in the data protection policy, which forms an integral part of these GTC. The current version of the data protection policy is published on the CTAG website (www.cointract.ch/datenschutz).
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11.3. CTAG may be obliged to disclose data in connection with the Business Relationship with the client, including data which identifies the client or enables the client to be identified to third parties, including (but not limited to) cooperation and trading partners, banks and payment systems involved in the transfer of assets. In particular, this includes the name, address and account number or international bank account number ("IBAN") of the client, as well as the documents for client identification (know-your-client; hereinafter referred as "KYC") and the origin of the assets. By submitting an application for the use and/or enjoyment of the Services, the client is hereby authorising CTAG to disclose the relevant client data and all related information to third parties where necessary, including authorities and group companies in order to comply with regulatory or legal requirements, to comply with requests by the authorities or to safeguard the legitimate interests of CTAG. By submitting an application for the use and/or enjoyment of the Services, the client is hereby also authorising CTAG to disclose the relevant client data and all related information to CTAG's cooperation and trading partners, in particular Nexo where necessary, in order to comply with contractual, regulatory or legal requirements, including in the context of the KYC requirements of the said cooperation and trading partners.
11.4. The client hereby acknowledges and hereby declares his or her agreement that CTAG may record, process, store, combine and analyse all communications without express prior notification. Furthermore, the client hereby acknowledges and hereby declares his or her agreement that such records may be submitted as evidence in any proceedings in connection with a disputed order or transaction and in order to fulfil any legal or regulatory requirements.
11.5. In relation to the Services offered by CTAG, the client hereby consents to the processing of client data by CTAG for the purpose of creating profiles and agrees that CTAG may contact him or her for advertising and marketing purposes.
12. Outsourcing and Confidentiality
12.1. The client is aware and hereby declares his or her agreement that CTAG may outsource business activities and the provision of Services to third parties in full or in part, inside or outside Switzerland in compliance with the applicable laws. Such outsourcing partners may engage third parties in turn. The client data of CTAG is saved on servers in Switzerland.
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12.2. The outsourcing may require the transfer of client data and other data to the relevant outsourcing partners and to third parties engaged by such outsourcing partners. Applicable confidentiality and data protection obligations apply equally or in an equivalent manner to outsourcing partners and third parties.
12.3. The client is aware and is releasing CTAG from its business secrecy and data protection obligation, should this be necessary in order to protect its legitimate interests, in particular:
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in the event of legal action initiated by the client against CTAG.
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in order to secure the claims of CTAG and the realisation of securities of the client or third parties.
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when collecting claims of CTAG against the client.
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in case of allegations made by the client against CTAG in public or to authorities in Switzerland or abroad.
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to prevent postal returns.
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if data is processed in the course of outsourcing. The client is aware that any data processing that takes place abroad is not subject to the protections of Swiss law. A foreign authority, such as a court or other third parties may be able to order the surrender or access data under foreign law.
13. Risk Clarification
13.1. The client hereby recognises and accepts that Crypto Assets are highly volatile and/or carry risks and that the underlying markets may be illiquid, with the risk that the value of the Crypto Assets may fall significantly or that the Crypto Assets may even become completely worthless. The client is aware and hereby declares his or her agreement that Crypto Assets are generally neither guaranteed nor secured by any particular nation, institution, company, person or by CTAG or its cooperation and trading partners. In addition, the client is aware and hereby declares his or her agreement that Crypto Assets are not regulated in certain jurisdictions and that their legal and regulatory status may be uncertain.
13.2. The client acknowledges and hereby accepts that devices, systems, software and networks on the client's side are beyond the control of CTAG control and may represent a vulnerability that can be misused by unauthorised third parties.
13.3. The client fully acknowledges and accepts the risks connected to the Crypto Assets services. The named risks are not exhaustive and to the extent that these are beyond the control of CTAG, CTAG excludes all liability to the extent that this is permitted by applicable laws.
14. Liability of CTAG
14.1. CTAG endeavours to provide continuous access to the CTAG App, however constant availability cannot be guaranteed. This applies in particular to cases of attacks against the network infrastructure. The content that is provided in the CTAG App does not claim to be complete, correct or up-to-date. The use of the content takes place at the client’s own risk. CTAG shall not be liable for any losses incurred by a client as a result of the use of the services provided by CTAG or the content published therein.
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14.2. CTAG provides the Services to the client with reasonable care and endeavours to continuously improve its processes in terms of quality and efficiency.
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14.3. CTAG shall only incur liability for intentional or grossly negligent behaviour and excludes all liability for any losses, to the extent permitted by law. Any liability on the part of CTAG for indirect or consequential losses, including loss of profit, is excluded.
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14.4. CTAG excludes liability on the part of its assistants in case of simple or gross negligence or in case of intent, to the extent permitted by law.
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14.5. CTAG shall not incur liability for losses or the realisation of risks due to events that are beyond the control of CTAG, as well as for losses that are caused by the client, in particular because he or she failed to take measures to avoid or mitigate losses.
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14.6. In particular, CTAG shall not incur liability for losses, including for indirect or consequential losses (including loss of profit) to the extent permitted by law, if such losses:
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are due to delayed or non-performed processing of trading orders or instructions;
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are due to circumstances, both within and outside CTAG's control, which lead to the services being unavailable, including for routine maintenance work;
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arise due to transfers of Fiat currencies that have been carried out despite the lack of prior notification by the client and/or lack of confirmation of the transfer by CTAG;
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result from the direct contractual relationship between the client and the Cooperation Partner.
15. Termination
15.1. The client may terminate the entire Business Relationship with CTAG at any time without being required to comply with a period of notice, unless a special deviating contractual term or termination provision has been agreed. Termination may be declared in the CTAG App or may be issued to CTAG in written form. Statutory rights of termination of the client shall remain unaffected.
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15.2 CTAG may terminate the BUSINESS RELATIONSHIP with the customer at any time by giving at least one month's notice to the end of any month.
CTAG may terminate the BUSINESS RELATIONSHIP without notice if there is good cause. Good cause shall also be deemed to exist in the event of a repeated breach of these GTC. Good cause may also exist in the event of a single serious breach of the GTC, for example in the event of incorrect information, deception or attempted deception of CTAG by the customer. Good cause also exists if a customer revokes the consent given by CTAG to the collection or use of data, as CTAG can no longer provide the SERVICES offered without the storage and use of the customer's data.
15.3 Cancellation is made in the CTAG APP or by e-mail to the e-mail address provided by the customer.
16. Complaints
16.1 CTAG's general aim is to provide products and services that fulfil the needs of its customers. However, if there are any questions or a complaint is submitted to CTAG, CTAG endeavours to process these promptly and transparently and to clarify the matter. Any customer can contact CTAG with a question or complaint using the support form.
16.2 CTAG will forward questions relating to the contractual relationship between the customer and the CTAG RETAIL PARTNER to the CTAG RETAIL PARTNER, unless the customer submits their enquiry directly
17. Changes to the General Terms and Conditions of Business (GTC)
17.1. Changes to these GTC will generally be announced to the client in the CTAG App and/or made accessible via the email address provided by the client at least two months before the proposed date of these taking effect.
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17.2. The client is able to save or print changes in readable form. The changes notified to the client in accordance with Section 16.1 shall be deemed to have been approved, should the client fail to object to the amended GTC in writing within the deadline set out in Section 16.3. CTAG will draw the attention of the client to this approval effect separately when announcing the changes.
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17.3. Should the client not wish to agree to a change offered to him or her, he or she must notify CTAG of the objection in writing in the CTAG App or by email within four weeks of the change being offered to him or her. Should the client fail to raise an objection within the stated deadline, the changes will be deemed to have been accepted by the client.
18. Applicable Rules and Provisions
All transactions on account of the client are subject to the statutes, constitution, rules, provisions, supervision, customs and practices of the cooperation and trading partners of CTAG, of the stock exchange or market and, where applicable, its settlement location(s) on which the said transactions are carried out, including its subsidiary and associated companies, whereby this list is not exhaustive.
19. Applicable Law and Place of Jurisdiction
19.1. The contractual relationship between the client and CTAG, including the service agreement in particular and these GTC (as well as this section) are subject to Swiss substantive laws, to the exclusion of the applicability of the United Nations Convention governing Contracts for the International Sale of Goods (Vienna Sales Convention, CISG) and the provisions of private international law (IPRG).
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19.2. The place of performance and exclusive place of jurisdiction for all disputes connected to this document is Zurich, Switzerland. However, CTAG is also entitled to assert its rights before the courts of the place of residence of the client or any other competent authority, whereby Swiss substantive laws shall remain exclusively applicable.
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19.3 With regard to the cooperation partners, it must be taken into account that they define their own places of fulfilment and places of jurisdiction.
20. Ombudsman
Disputes regarding legal claims between the client and the financial service provider should be settled (in accordance with art. 74 FinSA) by an ombudsman in mediation proceedings if possible. Cointract AG is affiliated to the association Ombudsman Financial Services Provider (OFD), Zurich, which is an Ombudsmans office recognised by the Federal Departement of Finance in accordance with art. 84 para. 1 FinSA. Contact: Ombudsstelle Finanzdienstleister (OFD), Bleicherweg 10, 8002 Zurich (ombudsmann@ofdl.ch; www.ofdl.ch).
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In case of discrepancy, the German version of the General Terms & Conditions (GTC) apply.