Terms & Conditions

1.1The Trading Works is a trading name used by Sharif Hassam, a sole trader based in England and Wales.

1.2Business address: PO Box 7169, Poole, BH15 9EL, United Kingdom.

1.3Email: hello@thetradingworks.com.

1.4Website: www.thetradingworks.com.

1.5References to “The Trading Works”, “we”, “us” or “our” mean Sharif Hassam trading as The Trading Works.

1.6References to “you”, “customer” or “client” mean the person or business purchasing or using our services or software.

1.7If you are a consumer, nothing in these Terms & Conditions affects your statutory rights.

2.1The Trading Works provides software development and trading strategy automation services.

2.2Services may include:

• Custom MT4 Expert Advisor development
• Custom MT5 Expert Advisor development
• Custom MT4 and MT5 indicator development
• Existing EA and indicator modifications
• MT4 to MT5 conversions
• Trading strategy automation
• Software testing and backtesting
• Strategy optimisation
• Trading utilities and tools
• Other bespoke trading software agreed with the customer

2.3The exact services to be provided will be described in the relevant quotation, proposal, specification or order confirmation.

2.4Website descriptions and indicative prices are provided for general information. The final scope and price of a bespoke project will be confirmed before development begins.

3.1Where a Strategy Assessment is purchased, we will review the information supplied by the customer and assess whether the proposed strategy can reasonably be translated into automated trading software.

3.2A Strategy Assessment may identify:

• Missing rules
• Ambiguous rules
• Conflicting rules
• Technical limitations
• Additional information required
• Potential development requirements
• Recommended software structure

3.3A Strategy Assessment does not constitute investment advice, financial advice, trading advice or a recommendation to buy, sell or hold any financial instrument.

3.4A Strategy Assessment does not guarantee that a strategy will be profitable or suitable for live trading.

4.1Prices displayed on our website are indicative starting prices unless expressly stated otherwise.

4.2The final price of a bespoke project will depend on factors including:

• Complexity of the strategy
• Number of trading rules
• Number of instruments
• Number of timeframes
• Entry and exit conditions
• Risk-management requirements
• Trade-management requirements
• Required integrations
• Testing requirements
• Changes to the agreed specification

4.3A quotation will normally state the proposed scope, price and estimated delivery timeframe.

4.4Unless otherwise stated, quotations are valid for 30 days.

4.5Development will not normally begin until the quotation has been accepted and any required deposit or initial payment has been received.

4.6Where additional requirements are requested after a quotation has been accepted, we may provide a revised quotation or charge an additional fee for the additional work.

5.1The customer is responsible for providing accurate and complete information about the trading strategy they want automated.

5.2The customer must provide all relevant rules, conditions, examples, screenshots, documents and other information reasonably required for development.

5.3Where a strategy contains ambiguity, we may ask the customer for clarification before development continues.

5.4Where the customer does not provide sufficient information, development may be delayed until the required information is received.

5.5The final software will be developed against the agreed specification.

5.6Requirements that were not included in the agreed specification are not automatically included in the original project price.

6.1Payment arrangements will be stated in the relevant quotation or order confirmation.

6.2Unless otherwise agreed, bespoke development projects may require an initial deposit before development begins, with the balance payable before final delivery.

6.3We reserve the right to pause development or withhold final delivery where amounts due remain unpaid.

6.4All prices will state whether VAT is included. Where The Trading Works is not VAT registered, VAT will not be charged.

6.5Any applicable taxes, duties or charges arising from the customer's location or circumstances are the customer's responsibility unless otherwise stated.

7.1Estimated development times are provided in good faith and are estimates rather than guaranteed deadlines unless expressly agreed otherwise in writing.

7.2Development times may change where:

• The customer changes the specification
• Additional requirements are introduced
• Information required from the customer is delayed
• Third-party software or services cause delays
• Technical issues outside our reasonable control arise

7.3The final delivery will normally consist of the files and documentation specified in the quotation.

7.4Unless expressly agreed otherwise, delivery does not include ongoing hosting, VPS services, broker accounts, trading accounts or third-party subscriptions.

8.1Where testing or backtesting forms part of the agreed service, testing will be carried out against the agreed software specification and available testing environment.

8.2Backtesting is a simulation using historical data and does not guarantee future performance.

8.3Historical performance can differ materially from live trading performance.

8.4Factors including spreads, commissions, slippage, execution speed, liquidity, broker conditions, market conditions and data quality can affect live results.

8.5Optimisation may improve historical results while producing a strategy that is less robust in future or different market conditions.

8.6No testing, backtesting or optimisation service provided by The Trading Works should be interpreted as a guarantee of profitability or future trading performance.

9.1The Trading Works provides software development and trading strategy automation services.

9.2We do not provide:

• Personal investment advice
• Financial advice
• Portfolio management
• Personal recommendations to buy or sell financial instruments
• Guaranteed investment returns
• Guaranteed trading profits
• Guaranteed levels of performance

9.3The customer is solely responsible for deciding whether, when and how to use any software supplied by The Trading Works.

9.4Any trading strategy, parameters or rules supplied by a customer remain the customer's responsibility.

9.5The customer should obtain independent financial or investment advice where appropriate.

10.1Automated trading involves significant financial risk.

10.2The use of Expert Advisors, indicators and other automated trading software can result in substantial financial losses.

10.3The customer is responsible for determining whether automated trading is appropriate for them.

10.4Customers should test software on a demo account before using it with live funds.

10.5Customers should only trade capital they can afford to lose.

10.6The Trading Works does not guarantee that software will operate continuously or without interruption.

10.7Software performance may be affected by:

• Broker conditions
• Trading platform updates
• VPS or hosting failures
• Internet connectivity
• Market data
• Slippage
• Spread changes
• Execution delays
• Broker restrictions
• Third-party software
• Hardware failures
• Operating system changes

11.1Our software is developed for the platform specified in the quotation, such as MetaTrader 4 or MetaTrader 5.

11.2Compatibility with a particular broker is not guaranteed unless broker compatibility has been specifically included in the agreed specification.

11.3Changes made by MetaTrader, brokers or other third parties after delivery may affect software functionality.

11.4Where additional development is required because of a third-party platform or broker change, this may be chargeable.

12.1Software will be tested against the agreed specification before delivery where testing forms part of the project.

12.2If a reproducible defect causes the delivered software not to operate substantially in accordance with the agreed specification, we will use reasonable efforts to correct the defect.

12.3Unless otherwise stated in the quotation, defects reported within 30 days of delivery will normally be reviewed without an additional development charge.

12.4The 30-day defect period does not cover:

• New features
• Changes to the original strategy
• Changes to the agreed specification
• Customer-requested modifications
• Broker-specific changes not included in the original scope
• Third-party platform changes
• Performance expectations
• Trading losses
• Differences between backtested and live results

13.1The customer retains ownership of intellectual property that they provide to us, including their original trading strategy, documents, branding and other materials.

13.2Unless otherwise agreed in writing, The Trading Works retains ownership of its pre-existing code, frameworks, development methods, templates, libraries, tools and reusable components.

13.3Where bespoke software is created for a customer, the quotation or project agreement will specify the customer's rights to use the delivered software.

13.4Unless expressly agreed otherwise, payment for a bespoke project grants the customer a licence to use the delivered software for their own trading or business purposes, subject to any specific licence terms supplied with the software.

13.5The customer must not represent The Trading Works' pre-existing software, frameworks or reusable components as their own.

13.6Where the customer requires exclusive ownership or exclusive rights to project-specific source code, this must be agreed in writing before development begins and may incur an additional fee.

14.1We may use third-party software, development tools, libraries, APIs or services when providing our services.

14.2Third-party software may be subject to separate licence terms.

14.3The customer agrees to comply with any applicable third-party licence terms relating to software supplied to them.

14.4The Trading Works is not responsible for changes, discontinuation, faults or restrictions imposed by third-party providers.

15.1The customer confirms that they have the necessary rights to provide any strategy, code, documents, images, data or other materials supplied to The Trading Works.

15.2The customer must not provide materials that infringe another person's intellectual property rights or other legal rights.

15.3The customer remains responsible for the legality and ownership of materials they provide.

16.1We will treat confidential customer information as confidential and will take reasonable steps to prevent unauthorised disclosure.

16.2Confidential information may include:

• Trading strategies
• Trading rules
• Source code
• Business information
• Commercial information
• Technical information
• Project documentation

16.3Confidential information may be disclosed where required by law or where reasonably necessary to provide the agreed service.

16.4We may use trusted subcontractors or service providers where reasonably necessary to provide a service, provided appropriate confidentiality obligations are maintained.

17.1The customer is responsible for:

• Reviewing the agreed specification
• Providing accurate strategy information
• Checking delivered software
• Testing software before live use
• Selecting an appropriate broker
• Maintaining their trading account
• Maintaining their VPS or hosting where applicable
• Monitoring automated trading
• Making their own trading decisions
• Complying with applicable laws and regulations

17.2The customer should not deploy software to a live trading account without first carrying out appropriate testing.

18.1If you are a consumer purchasing online, you may have statutory cancellation rights under UK consumer law.

18.2For applicable distance contracts, consumers will generally have a 14-day cancellation period unless an applicable legal exception applies.

18.3Where a service begins during the cancellation period at the customer's express request, the customer may be required to pay a proportionate amount for services supplied up to cancellation, where permitted by law.

18.4Bespoke services may be subject to specific rules concerning cancellation once performance has begun. Nothing in these Terms & Conditions removes any statutory consumer right that cannot lawfully be excluded.

19.1Where digital software is supplied for download or immediate access, applicable statutory requirements relating to digital content will apply.

19.2Where permitted by law, the customer may be asked to expressly request immediate supply of digital content before the end of the applicable cancellation period and acknowledge the effect this may have on their cancellation rights.

19.3The relevant consent or acknowledgement will be obtained separately during the ordering process where required.

19.4We will not rely on a contractual term to remove a statutory consumer right where that right cannot legally be excluded.

20.1If a customer asks us to cancel a bespoke development project, we will stop work as soon as reasonably practicable. The customer remains responsible for paying for any work reasonably carried out up to the date of cancellation, together with any costs already incurred on the customer's behalf. Where work has not yet begun, any deposit or prepayment will be refunded in full.

20.2Any refund due will be determined in accordance with the applicable contract terms and consumer law.

20.3Where the customer has requested that work begins immediately, the customer acknowledges that development may commence before the end of any applicable cancellation period.

21.1Refund rights will depend on the nature of the service or digital product purchased and whether the customer is acting as a consumer or business.

21.2Nothing in these Terms & Conditions limits any statutory right to a refund or remedy that cannot legally be excluded.

21.3Where a service has been supplied correctly in accordance with the agreed specification, a refund will not normally be available solely because the customer subsequently changes their mind, subject to any statutory consumer rights.

22.1Nothing in these Terms & Conditions excludes or limits liability where doing so would be unlawful.

22.2In particular, nothing excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

22.3Subject to clause 22.2, The Trading Works will not be responsible for losses arising from:

• Trading decisions made by the customer
• Trading losses
• Loss of investment capital
• Loss of profits arising from trading
• Market movements
• Broker failures
• VPS or hosting failures
• Internet or connectivity failures
• Third-party platform failures
• Slippage or execution differences
• Customer errors
• Incorrect or incomplete customer specifications
• Unauthorised modifications made to software
• Use of software outside the agreed specification

22.4Nothing in these Terms & Conditions guarantees that software will generate a profit or avoid losses.

22.5For business customers, and subject to applicable law, our total liability arising from a particular project will not exceed the total amount paid by that customer for the relevant project, except where a different limit has been expressly agreed in writing.

23.1We will not be responsible for delay or failure caused by circumstances beyond our reasonable control.

23.2Such circumstances may include:

• Internet outages
• Hosting failures
• Cyber incidents
• Platform outages
• Broker failures
• Third-party service failures
• Power failures
• Government action
• Natural disasters
• Industrial disputes
• Other events outside our reasonable control

24.1We aim to ensure that information on our website is accurate and up to date.

24.2However, website content may contain errors, omissions or outdated information.

24.3Website content is provided for general information and does not constitute investment or financial advice.

24.4We may update, change or remove website content without notice.

25.1We process personal information in accordance with our Privacy Policy.

25.2Our Privacy Policy explains what information we collect, why we collect it, how it is used and the rights available to individuals.

25.3Customers should read our Privacy Policy before submitting personal information or confidential materials through the website.

26.1Customers are responsible for keeping their login credentials, software files, licences and account information secure.

26.2Customers should not provide us with passwords, private keys, broker login credentials or other sensitive security information unless specifically required and agreed in writing.

26.3We will never ask customers to provide passwords or credentials unnecessarily.

27.1Our website may contain links to third-party websites or services.

27.2We are not responsible for the content, availability, security or privacy practices of third-party websites.

27.3Use of third-party websites is subject to their own terms and policies.

28.1Customers must not use software or services supplied by The Trading Works for unlawful purposes.

28.2Customers must not attempt to reverse engineer, exploit, compromise or interfere with our website or systems except where such activity is expressly permitted by law.

28.3Customers must not use our software in a way that infringes the rights of others or breaches applicable law.

29.1Where the customer is purchasing wholly or mainly for business purposes, the customer confirms that they have authority to enter into the agreement.

29.2Business customers should ensure that the software is suitable for their intended use before deployment.

29.3Certain consumer protections may not apply to business customers.

30.1We may update these Terms & Conditions from time to time.

30.2The version applicable to an order will normally be the version in force when the order is accepted, unless the law requires otherwise.

30.3The latest version will be published on our website.

31.1If you have a complaint, please contact us at hello@thetradingworks.com.

31.2Please provide:

• Your name
• Order or project reference
• Details of the issue
• Supporting information where relevant

31.3We will review complaints and aim to respond within a reasonable period.

32.1These Terms & Conditions are governed by the laws of England and Wales.

32.2If you are a consumer, you will also benefit from any mandatory consumer protection rights applicable in the country where you live.

32.3Nothing in these Terms & Conditions prevents a consumer from exercising statutory rights available to them.

33.1If any provision of these Terms & Conditions is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.

33.2The remaining provisions will continue to apply.

34.1These Terms & Conditions, together with the applicable quotation, specification, order confirmation and any documents expressly incorporated into the agreement, form the agreement between the parties concerning the relevant services.

34.2If there is a conflict between these Terms & Conditions and a project-specific written agreement, the project-specific agreement will take precedence to the extent of the conflict.

If you have any questions about these Terms & Conditions, please contact The Trading Works, Sharif Hassam, by email at hello@thetradingworks.com. Business address: PO Box 7169, Poole, BH15 9EL, United Kingdom.