General Business Terms and Conditions

01.03.2020

The conditions set forth hereinafter shall provide a clear definition of the mutual relationship existing between Duplikium Sàrl in Neuchâtel, hereinafter referred to as the “Duplikium”, and its clients.

Duplikium provides on its website (hereinafter “the website”) an in-house multi-brokers trades copy and mirror trading service designed for Asset Managers, Signal Providers, Professional or Personal Traders allowing to copy/duplicate trades from one (or more) Master account to several Slaves accounts. Duplikium supports many technologies like Metatrader (MT4, MT5), cTrader, FXCM, LMAX and FIX API; furthermore everything is hosted in the Cloud and is offered as a whole service to customers.

1. Definition

Duplikium” means the company Duplikium Sàrl, rue de la Serre 4, 2000 Neuchâtel, Switzerland.

Client” means you as Subscriber, and any Invitee.

Agreement” means these General Business Conditions of Use.

 “Subscriber” means the person or entity who registers to use the Service.

Pack Subscription Fee” means the monthly, trimestral or annual fee (excluding any taxes and duties) payable by the Subscriber in accordance with the fee schedule set out on the Website for the unlimited Slaves pack plans and additional Masters packs (which Duplikium may change from time to time on notice to the Subscriber).

Anniversary Date” means the day of the month on which the Subscriber first switches to a paid plan, and therefore becomes subject to a Pack Subscription Fee.  This day of the month corresponds with the beginning of each Billing Period.

Billing Period” means the monthly, quarterly or annually period beginning on each Anniversary date, and ending the day prior to the next Anniversary Date.  For example, if an Anniversary Date falls on the 15th May, the Billing Period would begin on the 15th of each month, quarter or year and end on the 14th of the following month, quarter or year.

Prepaid Subscription Fee” means the amount charged for the volume executed with the Prepay Plan offered by Duplikium.

Prepay eWallet” means the virtual wallet on which the Client deposit cash that is used by Duplikium to charge for the volume executed with the Prepaid Subscription Fee.

Data” means any data the Client input into the Website.

Service” means the trades copy and mirror trading service, and any other services made available via the Website or related Duplikium sites.

Website” means all web pages designed and managed by Duplikium, as well as any and all information, services, products, software, tools, functions and links available thereon

Master” or “Provider” or “Signal Provider” means, in the context of trade copying, the account from which the trades will be copied onto the Slave accounts.

Slave” or “Follower” means, in the context of trade copying, the account to which the trades will be copied from a Master or multiple Master accounts.

2. Security/internet risks

Duplikium expressly disclaims any liability for direct or indirect damage incurred by the Client in connection with transmission errors, transmission cutouts, technical defects, overload, service interruptions (e.g. systems maintenance), disruptions, interference, illegal intervention (e.g. hacking) and willful blockage of telecommunication devices and networks (e.g. “mail bombing”, attacks intended to cripple services, etc.) or in connection with other malfunctions or deficiencies on the part of telecommunication and network operators. The Client is aware that data are transmitted over open, generally public networks (e.g. the Internet). Therefore, data are regularly transmitted in an unsupervised manner beyond the country’s borders of the Client, even if the sender and the recipient are both located in the same country. Even where the data themselves are encrypted, the sender and recipient can sometimes remain unencrypted, such that third parties may be able to infer their identity.

Duplikium accepts no liability and gives no guarantee that data transmitted and published via the Internet are correct, accurate and complete. In particular, account-related data (transaction confirmations, account statements, account balances, etc.) and information in the public domain, e.g. stock exchange prices or exchange rates, shall not be binding. The Client is particularly aware of the following Internet specific risks for which Duplikium cannot accept liability:

  • Inadequate knowledge of the system and defective security measures can facilitate unauthorized access. The Client shall be responsible for informing himself/herself of the necessary security measures.
  • Internet providers sometimes prepare user statistics and may deduce from them that the Client has contacted Duplikium.
  • Viruses and other harmful programs may infect the Client’s computer without being noticed, especially via the Internet, e-mails and the exchange of data carriers.
  • The use of computers by persons other than the Client brings additional risks. If the Client uses and stores any information (notably his/her password, user ID, portfolio information, transaction slips, account statements, etc.) in an accessible manner on his/her computer, he/she does so at his/her own risk and is personally responsible for all consequences.
  • Software and hardware should always be from a trustworthy source.
  • The Client expressly agrees to receive correspondence in electronic format. The Client is aware of and accepts any consequences, losses and risks that might result from the electronic transmission of information.

3. Login/identification

The Client determines himself his user ID and his personal password. Any person logging onto the system by entering the correct user ID and personal password shall have access to the Duplikium systems and services.

Duplikium offers also an extra layer of security with a Two-Factor Authentication (2FA), this 2FA is optional but Duplikium highly recommend using it in order to add an additional level of security.

The Client shall be obliged to keep the password and user ID secret at all times, to keep them out of reach of third parties and to protect them from misuse. The Client is also advised to change the password regularly and to keep it in a safe place. The Client shall bear sole responsibility for any consequences of the loss or misuse of his/her user ID and/or password. Duplikium shall not be liable for any damage resulting from the loss or misuse of the user ID and/or password.  With the exception of gross negligence on the part of Duplikium, any loss or damage arising from invalidity or undiscovered fraud shall be borne by the Client. The Client undertakes to inform Duplikium immediately if the account needs to be blocked or the user ID and/or password need to be blocked or replaced.

4. Irrevocable entitlement

Any person verifying his/her identity in accordance with the above provisions shall be considered entitled to use Duplikium services on the Client’s behalf. Duplikium shall be entitled to assume that orders and instructions arising in this manner have been duly approved and issued by the Client and/or other authorized persons.

5. Risks in connection with foreign legal systems

The Client is aware that use of the Internet abroad may infringe the law of the country concerned. The Client must inform himself/herself accordingly and shall assume sole liability for risks in connection with foreign legal systems. Duplikium accepts no liability for infringement of foreign law when the Client is using its services, particularly in connection with foreign trading restrictions.

Certain software components, such as coding algorithms, may be subject to import and export restrictions in certain countries. The Client must inform himself/herself accordingly and shall assume sole liability for risks in this connection. Duplikium accepts no liability for the infringement of provisions governing the import, export and use of coding algorithms.

6. Monitoring and recording of communication

The Client expressly authorizes Duplikium to record and store, without further prior notice electronic communications, in a manner which Duplikium at its discretion deems appropriate, and to monitor the Client’s electronic communications with Duplikium.

In the event of disputes, Duplikium reserves the right to make use of such recordings as means of evidence.

7. Complaints by the client

Any complaint by the Client regarding the execution or the non-execution of any order or any dispute relating to any account statement or deposit must be lodged immediately upon receipt of the notice in question, and at the latest upon expiry of the 30 days deadline; if he does not receive any notice, the Client must lodge his complaint at the moment at which he would normally have received a notice sent by mail. Failing any complaint or dispute lodged within these deadlines, the execution, non-execution or communication shall be deemed to have been approved, and the possible damage arising thereof, specifically by reason of a delay, shall be borne by the Client.

8. Blocking access

The Client may at any time request Duplikium to block the Client’s account with immediate effect. Such a block can only be revoked by the Client in writing. Duplikium reserves the right to block the Client’s access via the Internet at any time, without explanation and without notice, to the extent it deems such a block appropriate.

9. Account conditions

The Accounts conditions (Unlimited Slaves Packs, additional Masters and Prepay Plan) and their limitations are published in an appropriate form on the website. Duplikium reserves the right to adapt the account conditions and limitations at any time and to notify the Client by appropriate means.

10. Payment Obligations

At each Anniversary Date, the Client will be charged the Pack Subscription Fee. You can upgrade your Subscription Plan whenever you choose. Any changes in the Subscription Plan will immediately be reflected in your customer account. This means that you will be liable for the higher level of Fees if the subscription plan is upgraded. No credits will be issued for downgrades or cancellation of subscription. We will apply the new level of fees from when you make the change, over the remaining Billing Period. This means that if you make a change to your Subscription on the 20th of a month, and your Anniversary Date is the 15th of each month, then from the 20th of that month till the 14th of the following month, we will charge you the new Pack Subscription Fee. Duplikium will continue charging the Subscriber the monthly, quarterly or annually Pack Subscription Fee until this Agreement is terminated in accordance with clause “Termination”. You are responsible for payment of all taxes and government charges in addition to the Fees.

11. Payment Method Failure & Overdue Payments

As long as the Client has not cancelled the subscription, it will renew automatically. Duplikium send to the Client an email 2 days before the expiration. In the event that we are unable to process a charge on your card or payment method and the subscription does not renew for any reason, it will stay active for a grace period of 48 hours. The Client will have an opportunity to update the credit card or payment details. If we are still unable to charge your card, Duplikium send a notification email to the Client and Duplikium reserve the right to expire and deactivate the subscription. If the subscription has expired, the Client has to manually renew the subscription.

12. Engaging Third Parties

Upon registering as a client of Duplikium, the Client may provide to Duplikium the user ID and password for his brokerage account. As such, the Client hereby fully authorizes and consents to Duplikium to have access to his financial information and to have a power of disposal on the assets involved through his broker (“Authorized Broker”). This information is provided solely by the Client’s Authorized Broker and not Duplikium. The Client agrees not to hold Duplikium liable for any loss or damage of any sort incurred as a result of such dealings with any services or information provided by the Client’s Authorized Broker.

And the Client further represents and warrants that he has all rights and licenses necessary to grant the access to such information, that any such information is true and accurate, and that the Authorized Broker is his lawful agent and power of attorney duly authorized to transfer to Duplikium such information and to grant to Duplikium a power of disposal on the assets involved. The Client further represent and warrant that he will be fully and solely responsible for instructing his Authorized Broker(s) to cease providing to Duplikium with his financial information, and until further notice Duplikium will assume the Client complete consent to Duplikium receiving said authorization.

The Authorized Broker has no duty, is not liable for and has no obligation to control the management activity of Duplikium and it is not a party to the agreement which is entered into between the Clients and Duplikium.

13. Instructions execution

The Client registers Masters and Slaves accounts through the website or by other mean made available by Duplikium and has the sole responsibility of accounts. The execution of the instruction is made as soon as an order is placed on the Master account and this accordingly to the different settings defined in the system by the Client (Risk Factor, Whitelist/Blacklist, Global Account Protection, Global Settings,…).

The Client accepts that the resulting instruction from an order copied is executed on the Slave account even if the Client has not formally accepted the order.

No appeal on the order copied or instruction execution can be made by the Client once the copy completed.

14. Defective instructions execution

While using Duplikium platform, the Client might encounter system errors that are resulted from hardware and/or software failures. The result of any system failure may be that the Client’s order is either not executed according to instructions, executing with account balance errors and discrepancies or not executed at all. Duplikium will not be liable for the resulting errors in account balances and orders execution.

Duplikium does not guarantee any order. Placing Stop Loss or Take Profit orders does not guarantee that the trade will be filled at the order price. All Stop Loss or Take Profit will be filled, upon activation, at the first/best available market price that may or may not match the requested order price.

In the event the third party broker is unable to provide liquidity to Duplikium, the Client’s order may experience delays in execution or Duplikium may not be able to place orders entirely. The size of the order may also impede the speed at which the order is executed.

15. Risks associated with the use of the mobile technology

There are a series of inherent risks with the use of the mobile technology such as latency in the data provided, and other issues that are a result of mobile connectivity. Mobile feature utilizes public communication network circuits for the transmission of messages. Duplikium shall not be liable for any and all circumstances in which the Client experiences an inability to use Duplikium features caused by network circuit transmission problems or any other problems outside the direct control of Duplikium, which include but are not limited to the strength of the mobile signal, cellular latency, or any other issues that may arise between the Client and any internet service provider, phone service provider, or any other service provider.

16. Risks associated with Copy Trading and Mirror Trading

Copy Trading is associated with various risks and the Client is urged to carefully read and consider the following risks before utilizing.

  1. Copy Trading is provided by Duplikium solely for informational purposes. Duplikium and their employees are not investment or financial advisers.
  2. If the Client make investment decisions in reliance on information which is available on Duplikium’s website or as a result of the use of the copy and mirror trading platform, the Client do so at his own risk and Duplikium will not be liable for any losses that the Client may sustain. The Client should not make any investment decision without first conducting his own research. The Client is solely and exclusively responsible for determining whether any investment, or strategy, or any other product or service is appropriate or suitable for him based on his investment objectives and personal and financial situation.
  3. If the Client places additional trades in his account or he modify or cancel an order generated by Duplikium the Client may achieve a materially different result than the Signal Provider followed.
  4. Any past performance of the Signal Provider is not indicative of future results and should be considered as hypothetical as more fully described below. It is important to understand that historical performance is not a guarantee of future performance. When reviewing the information, portfolio, financial performance information, opinions or advice of another registered user, the Client should not assume that the user is unbiased, independent or qualified to provide financial information or advice.
  5. Hypothetical performance results have many inherent limitations. No representation or guarantee is being made that any account will or is likely to achieve profits or losses similar to those shown and may not take into account fees, spreads and/or trading commissions that may be charged. The actual percentage gains/losses experienced by the Client will vary depending on many factors, including but not limited to: starting account balances (deposits and withdrawals), market behavior, the Client's account settings and the performance of the Signal Provider or of any other registered user.

17. Non-Refund policy

  1. Before paying a subscription, you can test our service for free with a free plan, this is the main reason why our service is non-refundable.
  2. Subscriptions plans and Prepay plans are not refundable unless you can't access the service or there is a clear defect in the service that is not coming from wrong settings.
  3. We can only refund active subscriptions, and are unable to refund subscriptions that have already ended.
  4. We cannot refund a subscription that has been paid using a discount code.
  5. Your Prepaid eWallet balance has no expiration, thus it cannot be refunded.
  6. In case of a refund, Duplikium will deduct the payment gateway processing fees to the client plus the Duplikium processing fees of 3% (minimum 9 EUR).

18. Termination

Either party may terminate this contract at any time. The Client will have sole responsibility for the management of the trading accounts from the time at which the Client deactivate the subscription or Duplikium receives the Client's notification of termination of this contract. However, termination of this contract will not affect the execution of transactions already concluded. This contract is not terminated by the death, loss of exercise of civil rights, declaration of absence, declaration of insolvency or declaration of bankruptcy of the Client.

Free Accounts:

Duplikium reserves the right to delete accounts and all associated data stored by Duplikium for accounts which are do not carry a Pack Subscription Fee where it appears that accounts are not used anymore or for any reasons.

Prepaid Subscription Fee:

The amount charged on the Client’s Prepay eWallet is for lifetime, there is no expiration or duration limit to use it. From the time at which the Client deactivates the Prepaid Subscription Fee, Duplikium will not charge any fees on the Client’s Prepay eWallet and the available amount of the Prepay eWallet can be used at any time later by the Client. Duplikium will not provide any refund for any prepaid Fees on any Subscription.

Pack Subscription Fee:

The Client can cancel the subscription at any time, it will stop the automatic renewal of the subscription at the end of the Billing Period. The Client will not be charged any Pack Subscription Fees for any future Billing Period once the Client’s subscription cancellation has been confirmed. A payment done by Credit Card can be cancelled in Duplikium website plans settings. A payment done with PayPal or Skrill has to be cancelled in the Client respective PayPal or Skrill account directly. Duplikium will not provide any refund for any Pack Subscription Fee on any Subscription over an ongoing Billing Period.

19. Outsourcing

Duplikium reserves the right to outsource all or part of its activities under its monitoring and its own responsibility, with respect to the applicable legal and regulatory provisions in this regard. Duplikium is thus authorized to call on the assistance of Group entities or independent companies in Switzerland and abroad. Where information regarding the Client is communicated to an external service provider or another Group entity, this is covered by the rules on data protection.

20. Public holidays

In all relations with Duplikium, Saturdays, Sundays and other days determined on a case-by-case basis by banking institutions are equivalent to official public holidays.

21. Reservation of legal requirements

All existing or future statutory provisions, administrative regulations and other applicable regulatory requirements in the field of banking services, data protection, money laundering and the operation and use of the Internet and any other provision or regulation governing the services offered by Duplikium are reserved and shall apply to the provision of Duplikium services as of their entry into force.

22. Exclusion of liability

Duplikium shall not be held liable by the Client for proven damage resulting from any action or omission, except in the event of malicious intent or gross negligence. In the event of an error made by a custodian, Duplikium shall only be responsible if it neglected its obligations of due diligence when selecting and instructing the custodian. Duplikium shall not be accountable for omissions by third-party custodians that have not been recommended by Duplikium but that are holding assets in accordance with the express instructions of the custody account holder. In general, Duplikium shall not be responsible for its contractors, except where they commit gross negligence.

23. Applicable law and jurisdiction

The exclusive place of jurisdiction for all disputes or lawsuits regarding the herein contract, the General Business Conditions and/or the use of Duplikium services and website is Neuchâtel, Switzerland.

However, Duplikium reserves the right to take legal action against the Client in the court of competent jurisdiction of the Client’s place of residence or before any other competent authority, Swiss law remaining exclusively applicable.

24. Amendments to the general terms and conditions

Duplikium is authorized to amend the General Business Conditions at any time subject to notice of at least 60 days to the Client, including, but not limited to, notice by e-mail or made available on the Internet site. Such amendments shall take effect on the date specified in the notice.