1. Scope

1.1 These terms and conditions ("Terms") govern the relationship between the Heyder Krueger & Associates Investment Advisory and Management GmbH, Mülheim-Straße 6, 40878 Ratingen (HKK Invest "), as operator of the online portal at www . hkk-invest.de, www.fxflat.de and www.captrader.de (collectively, "Portal") and their customers.

1.2 These Conditions shall apply exclusively. No general terms and conditions of the customer shall apply only if and insofar as the HKK Invest it recognizes explicitly and in writing. In particular, the silence of the HKK Invest applies to such different conditions as acceptance or approval, nor any future contracts.

1.3 To the extent were made with the customer in individual cases, individual agreements, these Terms prevail over these. The contents of such agreements, a written agreement or written confirmation of the HKK Invest shall prevail.

1.4 Legal statements and information which are to be issued after the contract by the customer to the HKK invest (eg time limit, termination, etc.) that need to be in written form.

2. Business of the HKK Invest

HKK Invest has a financial services institution on the permission of the Federal Financial Supervisory Authority (BaFin), Graurheindorfer Str 108, 53117 Bonn, for the provision of financial services in accordance with § 32 para 1 of the Banking Act - the so-called portfolio management - as well as the approval for investment and acquisition services in accordance with § 1 para 1 a sentence 2 Nos. 1 and 2 BA. In addition, HKK Invest is a member of the Compensation Fund of Securities Trading Companies, EDW Berlin.

3. Asset management and administration

HKK Invest offers its customers a personal wealth management. Private and institutional investors decide in what proportion they want to split their assets to the portfolio strategy, taking into account the individual risk profiles and can manage. The strategy portfolios are created by HKK Invest monitored continuously and at regular intervals through weekly investment committee meetings be reconsidered.

4. Investment and acquisition services

4.1 HKK Invest up as investment intermediaries contact between interested investors and suppliers of financial instruments, eg a bank, investment company or insurance ("Product Provider") and provides on the basis of individual customers of mandates to transactions involving the purchase and sale of financial instruments of the particular product provider.

2.4 Depending on the type of transaction is mediated between the HKK Invest and the customer a service agreement to pass. This mediation contract can be both written and oral closed. Condition for the formation of the contract is in any case, the customer filled out and signed customer request. The contents of this contract and the resulting mutual rights and obligations described in the following sections.

4.3 In the course of the conciliation agreement is concluded on the provision of financial services between the customer and the product provider, a contract. Contracting party to these contracts are only the customer and the particular product provider. The legal relationship between the customer and the product providers only apply to contracts and terms and conditions of the product provider.

4.4 HKK Invest in financial intermediation in the contractual relationships between the respective product vendors and the customers themselves and not integrated in any case, compliance assistant and / or representatives of the relevant product provider. The orders of the Customer for the purchase and sale of financial instruments made exclusively and directly to the respective product suppliers, though, for the customer and their product suppliers are solely responsible for their execution.

4.5 When switching HKK Invest has given to the customer no advice and no general asset management of client assets (execution-only).

4.6 Unless HKK Invest customer information to different financial instruments is available, this provides no investment advice, but merely serves to facilitate the investment decision independent of the customer. For the completeness and accuracy of the information provided assumes no liability HKK Invest.

4.7 All statutory obligations to education, information transmission, or other obligations with respect to the purchase and sale of financial instruments solely the responsibility of the respective product suppliers. On the portal accessible information on financial instruments are not Recommended, risk classification and valuation of each other financial instruments by HKK Invest dar. The customer HKK Invest is far from any claims due to non-or faulty transmission of the information freely.

4.8 A legal or tax advice from HKK investment does not occur.

4.9 The services offered by HKK Invest benefits - especially the free assistance with the technical use of online tools (Trader Workstation, Cap Trader, Web Trader, Mobile Trader Flat Trader, etc.) by means of telephone, video, Internet and live training, Internet coaching, etc. ("Support") and the free of charge HKK Invest via the portal or in any other manner provided reports and (market) analysis as well as forums, newsletters, chats, live trading or other information ("Market Information") - are not part of the between the customer and closed HKK Invest brokerage agreement and therefore can HKK Invest any time without proper notice or communication is set to the customer.

5. Fees

5.1 For the conduct of trading in financial instruments are charged by the relevant product provider costs and fees. The level of costs and fees based on the between the customer and the provider agreement entered into.

5.2 The activities of HKK Invest incurred in connection with the intermediary role no fees or commissions. HKK receives for this investment on the particular product provider remuneration. The customer waives any possible right to restitution.

5.3 If the customer is making a special performance of the HKK Invest in stock, for example, Consulting fees and / or asset management fall in fees. The amount and nature of such fees shall be determined in a separate agreement between the customer and HKK Invest in individual cases.

6. Obligations of the HKK Invest

1.6 Due to the conciliation agreement, the HKK Invest is committed to forward the customer order to the particular product provider.

6.2 HKK Invest is not required to provide the service requested by the customer to be successful over a product provider, or provide the service itself.

7. Customer Responsibilities

7.1 The customer has to make what he called for information in the opening is complete and true and this, together with a proof of address (eg telephone bill (not mobile phone bill), a letter from the bank, the credit card company or a utility bill (electricity, gas, etc.) , but in any case not more than six weeks) as well as send a copy of the Identity Card HKK Invest. For the completeness and accuracy of all personal data and other information that makes the customer in connection with the mediation agreement with respect to HKK Invest, but the customer is responsible because they are tested only the effect formally from the HKK Invest to whether the customer all the opening documents contained response fields have been filled in, not whether that information is actually correct and complete. In particular, the customer must provide truthful and complete information about himself, about his willingness to take risks and its risk appetite, its investment objectives and the investment period under the to be made by him risk statement.

7.2 To the extent provided for in the opening documents response fields are set by the customer is incomplete, the customer against HKK Invest extent additional information has to make, because otherwise it is not this opening documents of the customers can be transmitted to the respective product vendors for further processing.

7.3 The customer is responsible to inform themselves about the terms and conditions, terms and conditions of the particular product provider and the applicable laws. This is especially because the products offered are subject to their own laws, conditions and provisions can.

7.4 All essential facts for the business and its amendments shall notify the customer of the HKK Invest immediately. Material facts are in particular the name, address, the status or disposition or commitment ability and adverse already occurring or imminent changes in economic conditions. This list is not exhaustive.

7.5 orders of any kind, must show their content without any doubt. Ambiguous orders may not have intended consequences or lead to delays in order execution. Resulting transmission errors or delays are the sole responsibility of the customer. Changes, confirmations, recalls, or repetitions of orders must be clearly marked as such. A change or a recall of an order can HKK Invest only be considered if the corresponding message is received HKK Invest in time for its consideration in the normal course of workflow possible.

7.6 The customer is obliged to do everything it can to ensure rapid handling of his job. This includes in particular the full and timely submission of applications, enrollments, and other statements that are necessary for the conclusion or implementation of the brokered financial services and products.

7.7 The customer is HKK Invest from liability for any damage should it arise from a breach of the terms mentioned in this for him existing duties and obligations to cooperate freely.

8. Risk Warnings

8.1 In case the purchase and sale of financial instruments at high risk for the customer's assets is up to a total loss of capital and beyond this loss. The completion of a transaction requires in-depth knowledge of these financial instruments or an in-depth technical advice.

8.2 of HKK INVEST provided reports and analysis as well as by HKK INVEST else on the portal, or through newsletters, forums, chats and live trading information provided is based on information that has HKK INVEST obtained from third parties. HKK INVEST makes every effort to keep this information timely and accurate, but assumes - if legally permissible - not a guarantee, commitment or liability. Especially in the forums and chat, information can be set directly by third parties without the assistance of HKK INVEST. HKK INVEST has no influence on this information and is not responsible for the information posted by third parties. All information on certain financial instruments represent in particular a solicitation to buy the financial instruments described, sell or hold. You also have to justify no individual advice or information relationship.

9. Liability

9.1 If under those terms, including the following conditions provide otherwise, HKK Invest liable for any breach of contractual and non-contractual obligations under the relevant statutory provisions.

9.2 HKK Invest liable for damages - for whatever legal reason - for gross negligence. Liable for negligence only HKK Invest

a) for damages from injury to life, limb or health,

b) for damages resulting from the breach of a contractual obligation (ie, an obligation the performance of the due execution of the contract in the first place and on which the customer can trust and be trusted), in which case the liability of the HKK Invest is the replacement of the foreseeable, typically occurring damage.

3.9 Despite the high technological standards, the availability of the online portals of the HKK Invest in www.hkk-invest.de, www.fxflat.de www.captrader.de and can not be guaranteed . HKK Invest liable only for damages due to faulty hardware and software if the cause of the sphere of influence of HKK is assigned to Invest and intent or gross negligence on the part HKK Invest. HKK Invest is not liable for the negligence of a third party.

9.4 HKK Invest has basically no effect on completeness, content, accuracy and timeliness of price information and therefore accepts no responsibility for this. The trade of the customer is in financial instruments handled by the respective product suppliers. Any failures in data transmission, particularly in the form of incomplete, delayed, false or other incorrect transmission HKK Invest liable only if the cause of the erroneous transmission of the sphere of influence of HKK is assigned to Invest and intent or gross negligence on the part HKK Invest. HKK Invest is not liable for the negligence of a third party.

9.5 The above exclusions and limitations apply, including in regard to the liability of employees, workers, employees, representatives and agents of the HKK Invest in particular for the benefit of shareholders, employees, representatives, organs and their members of their personal liability.

10. Changes in Terms

Amendments to these Terms will be given to the client in writing or by e-mail. They are considered approved if the customer in writing within six weeks from receipt of the changes in the electronic communication or objection against this. In this episode HKK Invest will draw the customer's special. Shall determine the period is the dispatch of the opposition.

11. Final Provisions

11.1 This Agreement and all legal relations between HKK Invest and the customer only the law of the Federal Republic of Germany.

11.2 If the customer is a merchant and the disputed business relationship attributable to the operation of his business, the exclusive - and international - of jurisdiction for all disputes arising from the contract directly or indirectly from the place of business of HKK Invest in Dusseldorf. HKK Invest in this case is also entitled to take action at the general jurisdiction of the customer.

11.3 Contract changes by individual contractual agreements are informal effect. Moreover, modifications and additions to these Terms and any side agreements in writing. This also applies to any waiver of this clause.

11.4 Should any of the above provisions be or become invalid, the validity of the remaining provisions. The contractors are required to replace the ineffective provision by another in the same economic success as previous provision.