Terms and Conditions

Hyndor is a product of Plutus B.V.

Hyndor team is represented by Plutus B.V. a limited liability company and is registered with the Chamber of Commerce under number 73590193 and is located at Linde 2, 6131GG Sittard, Netherlands.

The information provided on this website does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website's content as such. Plutus B.V. does not recommend that any cryptocurrency should be bought, sold, or held by you. Nothing on this website should be taken as an offer to buy, sell or hold a cryptocurrency. Do conduct your due diligence and consult your financial advisor before making any investment decision. Plutus B.V. will not be held responsible for the investment decisions you make based on the information provided on the website.

Dutch law applies to these terms & conditions

1. Terms

1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise.
2. Consumer: The natural person who does not act in the name of a profession or business.
3. Business: The natural or legal person who acts in the name of a profession or business.
4. Client: the consumer or company that enters into a (remote) agreement with the Service Provider.
5. Service provider: the legal person who offers services (remotely) to the client, hereinafter: Plutus.
6. Offer: Any written offer to the Client for the provision of SaaS services by Plutus.
7. Software: software in which the Client can act independently online at the exchange.
8. Assignment: the implementation of the agreement by Plutus concerning the services requested by the customer.
9. License Agreement: the subscription that gives the Client a temporary right to use the Software.
10. The website used by Plutus is https://www.plutusbv.nl 

2. Applicability

1. These general terms and conditions apply to every offer from Plutus, every agreement between Plutus and the Client and to every service offered by Plutus.
2. Before a (remote) agreement is concluded, the Client will be provided with these general terms and conditions. If this is not reasonably possible, Plutus will indicate to the Client how the Client can view the general terms and conditions, which is in any case published on the Plutus website so that the Client can easily store these general terms and conditions on a durable medium.
3. The possible applicability of the Client's general terms and conditions is expressly rejected.
4. Deviation from these general terms and conditions is not possible in principle. In exceptional situations, it is possible to deviate from the general terms and conditions if this has been explicitly agreed upon in writing with Plutus.
5. These general terms and conditions also apply to additional, amended and follow-up orders or subscriptions from the Client.
6. If one or more provisions of these general terms and conditions are partially or wholly invalid or are removed, the other provisions of these general terms and conditions will remain in force, and the invalid / voided provision (s) will be replaced by a provision with the same meaning as the original provision.
7. Uncertainties about the content, explanation or situations that are not regulated in these general conditions must be assessed and explained in the spirit of these terms and conditions.
8. The applicability of Articles 7: 404 and 7: 407 paragraph 2 of the Dutch Civil Law is explicitly excluded.
9. The rights and obligations arising from the agreement between the Parties cannot be transferred by the Client to a third party unless Plutus gives the Client explicit and prior permission. Plutus is free to attach further conditions to this.

3. The Offer

1. All offers made by Plutus are without obligation unless explicitly stated otherwise in writing. If the offer is limited or valid under specific conditions, this will be explicitly stated in the offer.
2. Plutus is only tied by an offer if the acceptance thereof is confirmed in writing by the Client. Nevertheless, Plutus has the right to refuse an agreement with a potential Client for a good reason for Plutus.
3. The offer contains a complete and accurate description of the services offered. The description is so detailed that the Client can make a good assessment of the offer. Apparent mistakes or errors in the offer cannot bind Plutus. Any specific data in the offer is only an indication and cannot be a ground for any compensation or the termination of the agreement.
4. A compound quotation does not oblige Plutus to deliver part of the services included in the offer for a corresponding part of the stated price.
5. The client has a choice of several different packages, each package having several channels that it can use at its discretion.

4. Formation of the agreement

1. The agreement is concluded when the Client has accepted an Offer from Plutus.
2. If the Client has accepted the offer by entering into a subscription, Plutus will confirm the subscription in writing.
3. Plutus is not tied by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from this mistake or error.
4. An Offer is only valid if it is made in writing by Plutus to the Client.
5. The right of withdrawal does not apply if the Client can make direct use of the services of Plutus. The right of withdrawal is excluded for companies.

5. Duration of the subscription

1. The client chooses the duration of the subscription. A subscription can be taken out for a month, quarter, half-year or year.
2. At the end of the subscription, the Client has the choice, if available, to continue the same subscription, extend the subscription to a different package or to choose a different subscription duration.
3. The subscription can be canceled with due observance of the notice period of one month at the end of the subscription period. The cancellation must be made in writing to the specified e-mail address of Plutus.
4. Both the Client and Plutus can terminate the agreement based on an attributable shortcoming in the performance of the agreement if the other party has been given written notice of default, and he/she has been given a reasonable period to fulfill his obligations, and he/she has herein attributable deficiency. This also includes the payment and cooperation obligations of the Client.
5. The termination of the agreement does not affect the Client's payment obligations if Plutus has performed work or delivered services at the time of the termination. The client must pay the agreed fee.

6. Changes

Plutus can make (technical) changes to the scope and / or content of the SaaS service. The additional costs associated with this are for the account of the Client unless agreed otherwise. The client will be informed about this as soon as possible. If the Client does not agree with this, the parties must consult with each other. The client can cancel the agreement in writing on the date on which the change takes effect (after three months), if the changes are not related to changes in relevant legislation or regulations, Plutus is responsible for the costs of the change.

7. Prices and payment

1. All prices are in principle including sales tax (VAT) and other taxation.
2. If the Parties have agreed on a down payment, this down payment must have been paid by the Client before Plutus will start performing the services.
3. The client cannot derive any rights or expectations from a quoted price in advance unless the parties have explicitly agreed otherwise.
4. In the event of a periodic payment obligation on the part of the Client, Plutus is entitled to adjust the applicable prices and rates in writing (only) following the conditions of the subscription, subject to a period of at least three months.
5. If agreed in writing, deviating payment agreements can be made. The client must thereby have made the payment within the payment term of 14 days. If agreed, payment can be made via direct debit.
6. The client must pay these costs as a lump sum without suspension, deduction and/or settlement to the account number and data of Plutus made known to him unless explicitly agreed otherwise.

8. Collection policy

1. If the Client does not meet its payment obligation and has not complied with its obligation within the specified payment period of 14 days, the Client will be in default.
2. From the date that the Client is in default, Plutus will, without further notice of default, claim the statutory (commercial) interest from the first day of default to full payment. Furthermore, reimbursement of the extrajudicial costs following Section 6:96 of the Dutch Civil law will be calculated following the scale from the decision on reimbursement for extrajudicial collection costs of 1 July 2012. However, being a Private individual will first receive a written reminder with a request to within the stated period 15 days after receiving the reminder to pay the amount due. That letter also contains the extrajudicial collection costs associated with non-payment.

9. Performance of the service

1. Plutus will endeavor to execute the agreement with the greatest possible care as may be required from a good contractor. All services are performed based on an effort commitment. The Client is prohibited from allowing third parties to use the services provided in the area of ​​SaaS.
2. When performing the services, Plutus is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed services. If the instructions result in additional work for Plutus, the Client is obliged to reimburse the additional or additional costs accordingly.
3. Plutus is entitled to engage third parties for the performance of the services at its discretion.
4. If based on a request or order from a government agency and / or a legal obligation, Plutus performs work concerning data from the Client, the costs involved will be borne solely by the Client.
5. In the event of changes, Plutus can continue the execution of the service with the changed version of the Software or software. Plutus is never obliged or obliged to maintain, change or add certain functionalities and / or specific properties.
6. Plutus is not obliged to provide the Client with a physical carrier with the software on it.
7. The client must read the user's manual before the software is put into use. The Client is forbidden to make changes to the API so that the bot can / will send money, whether an order is given to a broker or takes the money from the Client's account elsewhere. If the Client acts contrary to this, the Client's subscription is immediately terminated without any compensation for any damage suffered by the Client, nor is the Client entitled to a refund of money already paid. The Client is also obliged to compensate for all damage suffered by Plutus.
8. Under no circumstances does Plutus advice on settings. The client must decide for himself whether and to what extent he uses the software. The client understands that he can lose money by using the software and that there are no guarantees about possible profits.
9. If part of the agreed services, Plutus will provide the Client with login details. With this data, the Client has access to an administrative account and a management tool with which the Client can, at its discretion, manage the delivery of the Service and manage accounts for individual users and set the possibilities and limitations for these individual users of the Service, all within the limits specified in the Agreement.
10. The client is responsible and liable for his use of the account. The client must refrain from all infringements, unlawful acts and all acts and/or omissions that can lead to damage to Plutus. If the Client is in default with the fulfillment of any obligation arising from the agreement concluded between the parties, Plutus is entitled to deny, limit or limit the Client's access to the account as referred to in the previous paragraph until the Client has again complied with all obligations and acts following the set conditions. Plutus is not liable for damage, in whatever form, as a result of denying or limiting access to the account.

10. Obligations of the Client

1. The client always provides Plutus with all the data and / or information and cooperation required for the implementation of the agreement.
2. If the Client suspects that the information provided by him is incorrect or incomplete, the Client will immediately inform Plutus and then leave the correct information.
3. The client is responsible for suitable equipment, user environment and the required Software from other suppliers. The client is self-responsible for using the required licenses. The Client must also ensure the use of up-to-date and adequate security software as well as the control and security procedures.
4. The Client is obliged to protect all technical protections and other provisions of the Software from Plutus and to respect the intellectual property rights attached to the Software.

11. Delivery service

1. If the commencement, progress or delivery of the services is delayed because, for example, the Client has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the advance has not been received in time by Plutus or due to other circumstances that come at the expense and risk of the Client, Plutus is entitled to a reasonable extension of the delivery period. Under no circumstances are the specified deadlines, nor can Plutus be held liable for exceeding the agreed deadline.
2. All damage and additional costs as a result of a delay due to a cause referred to in paragraph 1 are for the account and risk of the Client and will be charged to the Client by Plutus.
3. The performance of the service starts within a reasonable period after the subscription has been taken out. Delivery is only possible on working days except for weekends and public holidays.
4. If there is a phased implementation, or if the Client must give approval, Plutus is entitled to suspend the implementation of the agreement until the Client has given his approval.
5. Plutus makes every effort to provide the service within the agreed period, insofar as this can be reasonably expected of it. In the event of an emergency, the Client is obliged to reimburse Plutus for the additional costs involved.
6. The nature of the activities of Plutus means that the activities can only be started once all the required information has been provided by the Client. The Client bears the risk and any (damage) if he/she has not provided the required information on time and explicitly indemnifies Plutus for all consequences and possible resulting damage for the Client and Plutus.
7. Plutus makes every effort to deliver the Software following the specified specifications as much as possible.

12. Transfer of risk

The risk of theft and loss, misappropriation or damage of data, documents, software, data files that are used, made or delivered in the context of the execution of the agreement, transfers to the Client at the moment when this is transferred to the Client.

12. Acceptance Software and warranty

1. The client receives the Software "as is" and cannot make any changes to the software itself.
2. Plutus does not guarantee that the Software or software will function without errors and / or interruptions. Plutus makes every effort to correct errors in the software within a reasonable time. The repair only relates to Software or software developed by Plutus itself and the defects have been reported by the Client in time. Plutus is entitled to postpone the recovery until a new version of the software is put into use. Defects in the Software and / or software not developed by Plutus can be repaired in consultation for the account and risk of the Client.
3. Plutus does not guarantee that the software to be made available, in the context of the SaaS service, will be adapted in time to changes in relevant legislation and regulations.
4. Plutus offers no guarantee whatsoever about possible profits to be achieved, nor can Plutus provide a forecast of the expected results. Acting as subject to various circumstances that may influence the profits and/or losses of the Client to be achieved.
5. Plutus is not liable for the Client's actions. If the Client makes a profit or loss, this is entirely at the Client's own risk and expense. Plutus explicitly does not guarantee any (expected) results.
6. Plutus is not obliged to repair corrupted or lost data. Plutus can provide reasonable cooperation and fairness, but is never responsible or liable for the repair of any corrupted and / or lost data. The client must at all times take measures to prevent and limit disruptions, defects, mutilation and / or loss of data, whether or not based on information provided by Plutus.

14. License

1. The client obtains a non-exclusive, non-transferable and non-sublicensable license for the duration of the agreement on the Software specified in the agreement and the accompanying Documentation.
2. The source code, as well as the technical documentation of the Software, is at all times excluded from the user right.
3. If the software receives updates and / or upgrades, the use of the updates and / or upgrades is subject to these terms and conditions and the license (and any changes).

15. Privacy, data processing, and security

1. Plutus handles the (personal) data of the Client (and Users of the website) with care and will only use this following the privacy statement. If requested, Plutus will inform the person concerned about this. Questions about the processing of personal data and further information can be sent by e-mail to info@plutusbv.nl.
2. The client is self-responsible for the processing of data that is processed using a Plutus service. The client also guarantees that the content of the data is not unlawful and does not infringe on any rights of third parties. In this context, the Client indemnifies Plutus against any (legal) claim relating to this data or the performance of the agreement.
3. If according to the agreement, Plutus is to provide for the security of information, this security will comply with the specifications that have been submitted and a security level that, given the state of the art, the sensitivity of the data and the associated costs, will not is unreasonable.
4. The Client declares that it is aware and agrees that Plutus has full insight into the Client's account. Plutus can follow all actions that the Client does with its account. Plutus will at all times refrain from any (substantive) interference with the Client's account.

16. Suspension

1. Plutus has the right to retain the data, data files, software and more received or realized by it if the Client has not yet (fully) fulfilled its payment obligations, even if it would have been obliged to do so if it had been paid to be.
2. Plutus is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the agreement, including late payment of its invoices. The suspension will immediately be confirmed in writing to the Client. In that case, Plutus is not liable for damage, in whatever form, as a result of the suspension of its work.

17. Force majeure

1. Plutus is not liable if, due to a force majeure situation, it is unable to meet its obligations under the agreement.
2. Force majeure on the part of Plutus is in any case understood, but is not limited to: (i) force majeure of suppliers (and engaged third parties) of Plutus, (ii) failure to properly fulfill the obligations of suppliers that are met by Customer have been prescribed or recommended to Plutus, (iii) defects in items, equipment, software or materials from third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cybercrime and hacking ), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems and (x) other situations that in the opinion of Plutus fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
3. If a force majeure situation lasts longer than three months, the agreement may be terminated in writing by either of the parties. If any services have already been performed based on the agreement, in such a case a proportionate settlement will be made without any liability from each party towards each other.

18. Limitation of liability

1. If Plutus is accountable for an attributable shortcoming, Plutus is only obliged to pay any compensation if the Client has notified Plutus of its default within 14 days after the discovery of the shortcoming, and Plutus subsequently fails to do so within the reasonable period stated in the notice of default has recovered. The notice of default must be submitted in writing and must contain such an accurate description of the shortcoming or defects that Plutus can respond adequately.
2. If the provision of services by Plutus leads to Plutus' liability, that liability is limited to the costs charged in connection with the assignment (but at most over 12 months before the notice of default) concerning direct damage. Direct damage means reasonable costs incurred to limit or prevent direct damage, the determination of the cause of damage, direct damage, liability and the method of repair as well as the costs of emergency provisions.
3. Plutus is not liable for consequential damage, indirect damage, loss of profits, loss of profit and/or loss, lost savings, damage due to business interruption and damage as a result of the use of services provided by Plutus, damage due to loss of data, damage due to exceeding of delivery times, delay damage and interest damage. The client is at all times responsible for the use of the software. Every result (profit or loss) is entirely for their own risk and account of the Client.
4. The amount of compensation is further limited to the amount that the liability insurance of Plutus pays per event per year.
5. Plutus is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and / or incorrect) information on the website or that of linked websites.
6. Plutus is not responsible for errors and / or irregularities in the functionality of the website and / or the Software, software, malfunctions or the unavailability of the website and / or software and Software for whatever reason.
7. Plutus is furthermore not liable for damage that has arisen as a result of, or in connection with, changes made or work performed in or on Plutus' Software that has taken place without the express permission of Plutus.
8. Plutus does not guarantee the correct and complete transfer of the contents of and e-mail sent by/on behalf of Plutus, nor for the timely receipt thereof.
9. The client guarantees the accuracy and completeness of the information and wishes it has regarding the assignment.
10. All claims by the Client for failure on the part of Plutus lapse if they have not been reported to Plutus in writing and with reasons. Any claim for compensation against Plutus must always be reported in writing, but no later than one year after the Client was known or could reasonably have been aware of the facts on which he bases his claims. After this period, the claim expires.
11. Plutus's liability will in any case end after one year from the termination of the agreement between the Parties.

19. Confidentiality

1. Plutus and the Client undertake to maintain the confidentiality of all (confidential) information obtained in the context of an agreement. The confidentiality arises from the agreement or which can reasonably be expected to be confidential information. Parties will observe strict confidentiality concerning all information that they receive about each other and from each other. All information and data carriers of the other Party are not made available to third parties and must remain strictly confidential unless the other Party has given explicit prior written permission for this.
2. The client is obliged to keep secret all Software and other materials provided by Plutus, not to disclose it to third parties or to use it, unless Plutus has given explicit permission for this.
3. Employees may only be informed if these employees are directly involved in the implementation of the agreement. In all other cases, employees may not receive this information.
4. If based on a legal provision or a court decision Plutus is obliged to provide the confidential information to the law or competent court or third party indicated, and Plutus cannot invoke a right of non-disclosure, Plutus is not obliged to any compensation and the Client is not entitled to terminate the agreement.
5. The confidentiality obligation also imposes on Plutus and the Client the third parties to be engaged by them.

20. Intellectual Property Rights

1. All intellectual property rights of Plutus, including the data files, software, equipment and/or other materials made available to the Client, including but not limited to designs, analyze, reports, documentation, and quotations, as well as all preparatory material thereof, rest exclusively with Plutus, and/or third parties or suppliers if these rights already belonged to others than Plutus.
2. The Client is forbidden to disclose and/or multiple, change or make available to third parties all documents and software on which the IP rights and copyrights of Plutus are based without the express prior written consent of Plutus and a financial agreement agreed for this purpose. compensation. If the Client wishes to make changes to goods delivered by Plutus, Plutus must give explicit approval of the intended changes.
3. The Client is forbidden to use the products on which the intellectual property rights of Plutus rest other than agreed in the agreement. The client only receives a non-exclusive non-transferable right.
4. The Client is furthermore not permitted to change or remove any indication regarding the confidential nature, copyrights, trade names, brands, or any other intellectual property right from the Software, documentation and / or other materials.
5. The Client indemnifies Plutus against claims from third parties concerning (possible) infringements and/or claims from third parties concerning what has been made available to the Client in the context of the agreement. The Client will immediately inform Plutus about these infringements and / or claims.

21. Safeguarding and accuracy of information

1. The client is self-responsible for the accuracy, reliability, and completeness of all data, information, documents and/or documents that he provides to Plutus in the context of an assignment. Even if this data comes from third parties, the Client is responsible for this.
2. The client indemnifies Plutus from any liability resulting from non-compliance or late compliance with the obligations from the previous paragraph.
3. The Client indemnifies Plutus against claims from third parties concerning intellectual property rights to the data and information provided by the Client that can be used in the execution of the assignment or agreement, as well as concerning the content of the advice and reports prepared by Plutus.
4. If the Client provides Plutus with electronic files, software or data carriers, the Client guarantees that they are free of viruses and defects.

22. Complaints

1. If the Client is not satisfied with the service or products of Plutus or has any other complaints about the performance of its services and / or products, the Client is obliged to resolve these complaints as soon as possible, but no later than 2 weeks after the relevant reason that led to the complaint. to report. Complaints can be reported via info@plutusbv.nl with the subject "complaint".
2. The complaint must be sufficiently substantiated and / or explained by the Client for Plutus to be able to handle the complaint.
3. Plutus will respond to the complaint as quickly as possible, but no later than within 14 days after receipt of the complaint.
4. Parties will try to find a joint solution.

23. Applicable law

1. The legal relationship between Plutus and the Client is governed by Dutch law. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
2. Plutus can one-sided change these terms and conditions. The most current version can be found on the website.
3. All disputes arising from or as a result of the agreement between Plutus and the Client will be settled by the competent court of the Court of Midden-Nederland, location Utrecht unless provisions of mandatory law designate another competent court.