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NotarySERVER Reservation Agreement

Preamble

This agreement (hereinafter: “Reservation Agreement”) covers the terms and conditions of the reservation of a NotarySERVER designed for the notarised P2P cryptocurrency exchange with Blockchain servers owned entirely by its clients as further detailed at NotaryTRADE.IO (hereinafter “NotaryTRADE”), as part of the pre-ICO. It is made between Kolab Systems AG, Hagenholzstrasse 83B, 8050 Zürich, Switzerland, registered under trade register no: CH-020.3.034.895-4, (hereinafter: “Kolab Systems”) as the vendor of the NotarySERVER and yourself.

1. General

The reservation fee for the NotarySERVER is CHF 3,000 (hereinafter: “Reservation Fee”) and is not refundable.

Only qualified investors according to Art. 10 Para. 3 of the Swiss Federal Collective Investment Schemes Act (CISA) may reserve more than a single NotarySERVER and should contact bulkorders@notarytrade.io for this purpose.

Payment of the Reservation Fee will entitle you to purchase your NotarySERVER from the initial  batch of NotarySERVERs prior to availability to the general public. Your Reservation Fee also covers the expenses for building, installing and co-locating your custom tailored NotarySERVER and is fully deductible from the total purchase price of a NotarySERVER.

The total purchase price of a NotarySERVER including 8% VAT for Switzerland is CHF 22,500. The net purchase price without applicable tax is CHF 20,833. The Reservation Fee will be credited in full for the final payment, resulting in a due amount of CHF 19,500 to have your NotarySERVER delivered to a hosting location in Switzerland to be determined by NotaryTRADE.

Both the Reservation Fee and the net purchase price above do not include any applicable tax. This applies in particular to Value Added Tax (VAT). Please note, depending on your choice of country for housing of your NotarySERVER, different levels of VAT may be applied to the final invoice resulting in a different final price.

If do VAT accounting and depending on your country of residence, you may be able to reclaim VAT. Kolab Systems will provide you with the necessary paperwork as part of the final delivery and invoicing process upon request.

2. Process

Upon payment of the Reservation Fee, you will be provided with an email receipt for your reservation payment by Kolab Systems. Upon request, Kolab Systems will also provide you with a paper copy for your records.

Kolab Systems will keep your reservation and your details on record and will contact you once your NotarySERVER is ready for delivery. At that time, you will be provided with a purchase contract for your NotarySERVER (hereinafter: Purchase Contract”).

As part of the Purchase Contract, you are assigning your NotarySERVER to the NotaryTRADE network under the terms of the The NotaryTRADE Coin Loyalty Rewards Programme (LRP) provided at NotaryTRADE.IO/LRP.

Once the Purchase Contract is signed and Kolab Systems has received your payment in full, it will arrange shipment of your NotarySERVER to a housing location to be determined by NotaryTRADE.

3. Specification of NotarySERVER

The NotarySERVER is a combined product of software and hardware.

The first iteration of the NotarySERVER hardware will be based on the IBM Power System S822LC platform.

For the general terms and conditions on the hardware offered by IBM, please refer to IBM Power Systems support and services and in particular the Warranties, licenses and maintenance terms and conditions which will also apply to your NotarySERVER.

The designated operating system for the NotarySERVER will be Red Hat Enterprise Linux (RHEL), for which the Red Hat Enterprise Agreements will apply. A choice of CentOS might also be made available as part of the Smart Contract option, above, in which case the CentOS Legal terms apply. The choice of operating system and software is at the sole discretion of NotaryTRADE.

All software solutions preinstalled on the NotarySERVER, including components of the secure Kolab collaboration solution,will all be available as Open Source and Free Software under the respective licenses and with no warranty and no liability beyond severe negligence and intent.

4. Limitation of Liability

Regardless of the basis on which you are entitled to claim damages from Kolab Systems, except as expressly required by law without the possibility of contractual waiver, Kolab Systems entire liability for all claims arising from or related to the software, hardware or service or otherwise arising under these Terms shall be excluded. This limitation also applies to any of Kolab Systems subcontractors or other auxiliary persons and to any works performed by such subcontractors or other auxiliary persons. Limitations set forth in this section 4 will not limit or exclude liability for gross negligence or willful misconduct.

5. Modifications to the NotarySERVER Specifiations

Between now and the time your NotarySERVER will be ready for shipment, there may be modifications to the NotarySERVER specifications, above, including changes of vendors’ manufacturers and suppliers and specific products and options.

Such modifications shall generally follow the principle of “equivalent, or better” for each and every modification and Kolab Systems shall inform you about such modifications as part of your final purchase contract delivery.

6. Applicable Law and Jurisdiction

This Reservation Agreement shall be governed by and construed and enforced in accordance with the laws of Switzerland, without regard to conflict of law rules that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties arising will be resolved in the courts of Zurich, Switzerland.

NotaryTRADE.IO has been created by the Notary & Client Consortium in association with KOLAB.
© 2017 The Notary & Client Consortium, Switzerland. All rights reserved.
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