entered into on the day, month and year below in accordance with the provisions of Section 1746(2) et seq. of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code") between:
Name and surname
Date of birth
ID number
Address
E‑mail
Tax residency
(hereinafter "Client")
Company
Managing Director:
Name and surname
Date of birth
Passport No.
Address of residence
Phone
E‑mail
Bank account number
Tax residency
(hereinafter "Client")
and
ROBUXIO s.r.o
Company ID
19439237
registered office
Pavlovsko 108, 337 01 Dobřív
registered at
the Regional Court in Pilsen
represented by
Ing. PAVEL KÝČEK, Managing Director Director
E-mail
legal@robuxio.com
(hereinafter "Provider")
(Client and Provider together hereinafter also referred to as "Parties")
like this:
I. Preamble
The Provider is the provider of the services described in Article 5 of the Terms of Use, which form a single agreement together with this Agreement, provided to the Client via the https://robuxio.com/terms-of-service/ website which include, but are not limited to, software tools used to individually manage cryptocurrencies held by the Client for the account and responsibility of the Client (collectively, the "Software").
The Terms of Use constitute a legally binding Agreement between the Client and the Provider covering the operation and provision of the Software. To the extent that the Agreement specifies the content of the Terms of Use or conflicts with the content of the Terms of Use, the provisions contained in the Agreement shall prevail, otherwise the Provider's Terms of Use in the current version available at https://robuxio.com/terms-of-service/ shall apply to the contractual relationship of the Parties in its entirety to the remaining extent.
The object and purpose of this Agreement is to specify in more detail the scope of services to be used by the Client within the Software provided by the Provider, remuneration and other rights and obligations of the parties beyond the scope of the Terms of Use.
II. Arrangements of the Parties
The parties agree that the Client:
will use the Automated Trading service within the Software under the Provision Mode from the beginning of the contractual relationship;
for the provision of the Automated Trading service under the Provision Mode will pay the Provider the Performance Fee.
In connection with the foregoing, the Client agrees to:
the initial balance of virtual assets in the Linked Account at the time of commencement of the Automated Trading Service shall be a minimum of USDT 20,000 with a margin of error of +/- 3% (the "Initial Balance"); and
for the entire duration of the Provider's provision of the service, the Client does not, by its own actions (e.g. by withdrawing, transferring, staking, converting to another currency or by any other means), reduce the current USDT currency balance in the Linked Account used for Automated Trading below the Minimuml Balance of USDT 20,000 (for the avoidance of doubt, it is stipulated that a situation where the Linked Account balance falls below the Initial Balance as a result of a drawdown caused by Automated Trading shall not be considered a breach of this obligation); and
during the term of this Agreement, pay the Performance Fee to the Provider in a timely and proper manner in accordance with the Terms of Use.
The commitment under Article II, paragraph 1 above is made by the Client voluntarily and after careful consideration of his/her financial situation, and the Client has not been influenced in any way in the determination of the Minimum Value nor has he/she accepted any recommendation in relation to its amount. This is without prejudice to the Provider's right to terminate the provision of the Automated Trading Service in the event of a breach by the Client under Article II. paragraph 2.
In connection with the control of the fulfilment of the obligations referred to in Article II, paragraph 1. above, the Provider shall remotely access the Client's account balance, and if this is not sufficient for the purposes of effective control of the fulfilment of the above conditions, the Client shall also be obliged to provide the Provider with detailed information on the status of the Linked Account, including the current balance of the Linked Account and the history of trades executed on the Linked Account within the Automated Trading at any time during the contractual relationship in a demonstrable manner and to the extent requested by the Provider. This is without prejudice to other cases of termination or limitation of the provision of the Software, including the Automated Trading service, provided for in the Terms of Use, in particular, but not exclusively, the Client's breach of the obligation to pay the Performance Fee to the Provider in due and timely manner.
III. Duration of the Contract
This Agreement is concluded for an indefinite period of time. This Agreement may be terminated on the terms and conditions set out in the Terms of Use.
The Provider shall be entitled to immediately and without any compensation to terminate the provision of the Automated Trading service in the event that the Client breaches the obligation set out in Article II, paragraph 1, points a) to b) and fails to remedy the breach even within 10 working days after being notified by the Provider of the breach of such obligation and/or breaches the above obligation(s) repeatedly (i.e. in more than one case). The Client's ability to claim any damages from the Provider in connection with such termination is excluded by agreement of the Parties. This does not exclude the Client's possibility to switch from the Provision mode to the Subscription mode at the Client's request sent to the Provider by e-mail to support@robuxio.com, in which case the Provider shall resume the provision of the Automated Trading Service to the Client, subject to the Client's proper payment of the Subscription Fee, and the Client shall no longer be obliged to fulfil the obligations under Article II.2 b) and c).
IV. Final provisions
This Agreement is drawn up in duplicate and signed by the Parties, each Party receiving one copy. By their signature below, the Parties acknowledge receipt of one copy of this Agreement.
This Agreement may be amended only by agreement of the Parties in the form of written, ascending numbered amendments, signed by the Parties.
Unless otherwise expressly stated in this Agreement, capitalized terms shall have the same meanings ascribed to them in the Terms of Use.
If any provision of this Agreement is or becomes invalid, ineffective or unenforceable, the other provisions of this Agreement shall not be affected and shall remain valid, effective and enforceable. The Parties agree to replace the invalid, ineffective or unenforceable provision by agreement promptly upon such determination, if any, with a new valid, effective and enforceable provision that best conforms in content and intent to the originally intended purpose of the invalid, ineffective or unenforceable provision and does not constitute a manifest advantage or disadvantage to either Party to the detriment or benefit of the other Party.
Any legal acts or actions for which this Agreement or the Civil Code do not require a written form shall be valid and effective if sent by the other Party to the .
The parties assume the risk of a change of circumstances in accordance with Section 1765(2) of the Civil Code.
The Parties declare that they have read this Agreement before signing it, that it has been concluded after mutual negotiation according to their true and free will, definitely, seriously and understandably, not under duress and not under clearly disadvantageous conditions. They affix their signatures as evidence of their agreement to its contents.
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