Terms of Use

Data stored on our systems is not guaranteed to be backed up. It is recommended that you keep an independent copy of all data stored on your server. You must not divulge your passwords to any other person, and you should take reasonable precautions to ensure that it is not discovered by other people. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability, or removal of services. We reserve the right to cancel your services at any time without notice in the event of a breach of these Terms and Conditions. Should your account be closed, all files (including web pages, etc.) will be deleted. We reserve the right to amend and update these Terms and Conditions and the Acceptable Use Policy at any time without notice.

STEPinFI or we means www.sepinfi.com website.
Customer or you means the person, firm, or company that has requested any Services.

Service or Services means any services supplied or to be supplied by STEPinFI, including but not limited to the provision of Internet hosting services.

Order means the electronic Service order annexed herein by reference.
Server means an Internet-connected server, virtual or otherwise, provided by STEPinFi for the Customer's use.

This agreement is made by and between STEPinFi and the Customer:
This User Agreement constitutes the entire agreement between the parties, and no other agreement, written or oral, exists between you and STEPinFI. By using the Information on STEPinFi, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. STEPinFI does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the Information, does not give investment advice, and does not advocate the purchase or sale of any security or investment by you or any other individual. The Information is not intended to provide tax, legal or investment advice, which you should obtain from your professional advisor prior to making any investment of the type discussed in the Information. The Information does not constitute a solicitation by the information providers, STEPinFi or other of the purchase or sale of securities.

THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SPECIFICALLY, STEPinFI DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO:

(I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND
(II) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

NEITHER STEPinFI NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH COUNTRIES, THE RESPECTIVE LIABILITY OF STEPinFi, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, GROUP COMPANIES AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE AMOUNT PROVIDED UNDER SAID LAW. FURTHER, YOU AGREE AND UNDERSTAND THAT ALL SERVICES PROVIDED ARE NON-REFUNDABLE AND THAT YOU SHOULD CAREFULLY CONSIDER WHETHER OUR SERVICES ARE ABLE TO MEET YOUR NEEDS.

STEPinFi, hereby grants you a limited, non-exclusive, non-assignable, and non-transferable license to access STEPinFI provided and expressly conditioned upon your agreement that all such access and use shall be governed by all of the terms and conditions set forth in this USER AGREEMENT.

You agree to keep the information received from the STEPinFi and services CONFIDENTIAL and will NOT Disclose the knowledge gained to any other person or firm for any reason. You expressly agree that you will be financially liable for actual and punitive copyright infringement and loss-of-business damages awardable to STEPinFi and/or its associate companies if you derive any or all of your income from a stock or financial-services related web site and/or we find that you have copied, made derivative works from, or in any other way duplicated the proprietary information located on STEPinFi web servers and/or web site (including but not limited to graphics, trading systems, and methods, etc). The information and commentaries are not meant to be an endorsement or offering of any stock purchase. Principles and employees of STEPinFi do not represent themselves as acting in the position of an investment advisor, broker, or investment manager for the use of the information in this service.

This agreement is intended to cover any and all Services provided by STEPinFi and received by the customer. This agreement contains the entire understanding between STEPinFI and Customer with respect to the Services described in the Order and supersedes all prior agreements, understandings, negotiations, and discussions, whether oral or written, between STEPinFI and the Customer. The Customer acknowledges and agrees that its entire right relating to STEPinFI Services are as set forth in this agreement.

Subject to the terms and conditions of this agreement, STEPinFi agrees to provide the Internet hosting services specified in the Order. Subject to the Customer's right to terminate this agreement in accordance with Section 4.2 of this agreement, STEPinFi may expand or contract the scope of STEPinFi services by issuing an amended order form to the Customer in advance of such change.

Neither STEPinFi (including its and their directors, and/or employees, ) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnects problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes STEPinFi shall have no responsibility to provide you access to our website while interruption of STEPinFi is due to any such cause shall continue.

The initial term of this Agreement is stated in the Order (Initial Term) The Initial Term shall not commence until STEPinFi accepts the Order from the Customer and until first payment as set out in the Order is made in full by the Customer for Services to be provided during the Initial Term.

Unless terminated by STEPinFi or in accordance with Section 4.2 of this Agreement, this Agreement will automatically renew for successive terms of equal length to the Initial Term at the applicable rate and discounts.

The Customer agrees to pay STEPinFi, without limitation, for the Services it uses. STEPinFi reserves the right to charge the Customer standard hourly rates as specified in the support matrix, to cover the resolution of excessive or unusual problems or complaints.

Fees for the services offered by STEPinFi have to be paid in advance. All prices are denoted in USD or BITCOIN, as the services offered by this website are for our Global clients. Payments are accepted by Debit/Credit Cards & Bank Transfers which are processed by SKRILL (MONEYBOOKERS). Any selected Services are activated only upon the amount being credited to our BITCOIN Wallet. Payments are also accepted by check (cheque). Any selected Services are activated only upon the clearance of the check (cheque). Payments are also accepted by cash at the Money Capture office only. Selected service activations are processed instantly.

4.1 Invoices
Invoices are emailed to the current billing email address. Monthly Service Fees are invoiced 7 days prior to renewal. Clients are fully responsible to ensure payment of all amounts due is paid on time independently of receiving invoice or billing notifications by email from STEPinFi. Overdue accounts may be disconnected at any time after the expiry date. All data will be deleted after 2 weeks unless alternative arrangements are made with STEPinFi.

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

4.2 Cancellation Policy
We accept cancellation on any service up until the renewal date. Any cancellation requests must be received via email or cancellation through the member's area before the renewal invoice is generated. Any cancellation requests received after this time will not be processed until the following month. There are no partial refunds or credits for early cancellations.

4.3 Refund Policy
All payments to STEPinFi are final and non-refundable unless otherwise stated. Any refunds on products that are eligible for a refund are at the discretion of STEPinFi.

4.4 Account Credits
Any amount credited to a client's account cannot be withdrawn and can only be used towards further purchases of STEPinFi products and services.

Customers shall at all times comply with the terms of the current version of the Acceptable Use Policy. The customer agrees that STEPinFi may amend the terms of the AUP from time to time by posting a new or different version of the Acceptable Use Policy. For existing customers, changes shall come into effect one month after they are published on the STEPinFi website. The Customer shall include the terms and conditions set out in the Acceptable Use Policy in an Acceptable Use Policy with its own clients.

5.1 General AUP STEPinFi Limited provides Internet hosting Services. By using the Services provided by STEPinFi, Customers agree to comply with the Acceptable Use Policies outlined in this agreement and also to indemnify STEPinFi against any claims by third parties arising from the violation of this Policy.

STEPinFi reserves the right to make changes to this Acceptable Use Policy at any time, and any changes will be effective immediately upon posting to STEPinFi website: https://makandar.com. STEPinFi's Customers are responsible for regularly reviewing the Policy. Continued use of the Services following any changes shall constitute acceptance of the changes.

This policy recognizes the fundamental fact that no one owns or controls the Internet. STEPinFi cannot monitor or control all the activities of our Customers. We do not intend to actively screen, review, censor, edit, or take responsibility for the activities or content of our Customers. The Customer, not STEPinFi, assumes all responsibility relating to their Internet activities including, but not limited to:

• Aspects of the Customer's business.
• Content and data provided by or through a Customer for use with the Services.
• Decisions about Customer's computer and communications systems needed to access the Services.
• Results obtained from using STEPinFi Services.
• Compliance with all applicable laws and governmental regulations regarding Customer's business or use of the Services.
• Use of the STEPinFi services by Customer' end users.
• with this Acceptable Use Policy by the Customer and the Customer's end users.

Activities conducted on the Internet are subject to many of the same laws and regulations applicable to the offline environment. Customers must exercise a high degree of judgment and responsibility with respect to their use of the Services, including the responsibility to comply with this Acceptable Use Policy. Customers will violate this Policy when they or their affiliates engage in any of the following activities:

5.2 Network and Other Abuse
Using the STEPinFi network or other STEPinFi resources in any way that adversely affects other STEPinFi Customers is strictly prohibited. This includes but is not limited to:

• Gaining or attempting to gain unauthorized access to servers or services. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password robbery, security hole scanning, port scanning, probing, monitoring or testing for system or network vulnerabilities.
• Introducing viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
• Intentionally omitting, deleting, forging, or misrepresenting transmission information, including headers, return addressing information, and IP addresses. Using IP addresses that were not assigned to them by STEPinFi.
• Maintaining an Open Email Relay/Open Data Relay or allowing any data to be sent through one's server by an unrelated third party, including, but is not limited to, via open email gateways and open proxy servers.

5.3 Illegal Content
Accounts may be terminated that include content or which have links to content that:

• Is unlawful or is considered offensive by the web community. Promotes injury or physical harm against any group or individual.
• Promotes or teaches illegal activities.
• Exploits or depicts children in a negative/sexual way.
• Infringes on copyright, patents, trademarks, trade secrets, or other intellectual property including pirated computer programs, cracker utilities, warez, and software serial numbers or registration codes.
• Violates any law, statute, ordinance, or regulation governing the Customer's business or activities, including without limitation the laws and regulations governing export control, unfair competition, false advertising, consumer protection, issuance or sale of securities, trade-in firearms, privacy, data transfer, and telecommunications.

5.4 SPAM or Unsolicited Commercial Email
STEPinFi has zero tolerance for the sending of SPAM or Unsolicited Commercial Email (UCE) over our network. STEPinFi Customers cannot send UCE and cannot host sites or information advertised in UCE. Customers are also responsible for the actions of their clients and must take all reasonable precautions to secure their servers and sites against SPAM exploits (e.g. open email relays and insecure CGI scripts).

Violating our UCE or SPAM policy will result in penalties. Upon detection or notification of a violation of our UCE policy, STEPinFi will initiate an immediate investigation. During this time, outgoing mail may be suspended from the offending IP address to prevent further violations. If a client is found to be in violation of our UCE policy, STEPinFi will impose penalties and/or, at its discretion, restrict or terminate the offending account and the Customer's access to our network. Repeated or serious violations may result in the immediate termination of the account. SPAM is a very serious matter. PLEASE DO NOT SPAM and TAKE ALL PRECAUTIONS against SPAM EXPLOITS.

5.5 STEPinFi Administrative Login and Management Software
To facilitate network/server management, inventory, and related activities, all STEPinFi Servers include a STEPinFi administrative account and password and/or a STEPinFi daemon. All reasonable precautions are taken by STEPinFi to maintain the security of these tools and the privacy of client data. Customers must not tamper, hinder, delete, or in any way change the functioning of these tools. To do so intentionally or otherwise is grounds for the immediate suspension of the Customer's hosting account.

5.6 Fair usage of shared, burstable resources
For some shared resources we require that customers do not continuously use an unreasonable excess of those resources (using them in a burstable fashion is, of course, entirely acceptable). Examples of an excess might include continuously & actively using swap on a VPS rather than upgrading RAM, running software that uses all available CPUs constantly (such as SETI@Home), or continuously using many times the base-allocation of unmetered bandwidth. In such circumstances we reserve the right, at our discretion, to request that the client cease such activities or be forcibly upgraded to a more suitable package or, in the case of excess use of unmetered bandwidth, be moved to a metered bandwidth connection.

5.7 Account Cancellation
This Acceptable Use Policy (AUP) is not exhaustive. STEPinFi has the right to refuse service to anyone at any time WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to a violation of the Acceptable Use Policy as outlined above.

i) Firewall Management; Managed means that STEPinFi is responsible for the setup and the ongoing setting of rules and policies of this with guidance from the Customer. Changes to the Firewall are at the customer's request and these changes are guaranteed to be put in place within two hours during normal office hours Monday to Friday 0700-2300 and outside of office hours within twelve hours. STEPinFi will advise if a Firewall change would cause disruption to the customer's service.

ii) Hardware Maintenance; STEPinFi is responsible for the replacement of any hardware components that fail. This includes the chassis, PSU, disks, memory, and motherboard of the server. The customer will not be charged for any failure or replacement of hardware. In the case of a hardware fault which results in a server failure, STEPinFI will replace the faulty hardware within 2 hours of isolating the cause of failure. All of our Servers use RAID disk configuration, so in the event of a single disk failure no disruption to service should occur and the replacement would be carried out at a mutually convenient time.

iii) Connection Guarantees; We guarantee that all of our UK Servers are within a maximum of thirty milliseconds of 95% of UK residences. We have triple redundant uplinks via physically diverse cables into the UK backbone to ensure maximum connectivity uptime.

iv) Response Times; Response time is defined as the time it takes to identify a fault and report back to the customer by either of the following methods; E-Mail, or telephone call. The customer is responsible for ensuring that STEPinFI has the correct contact details. Response times of non-urgent questions or queries via e-mail will be dealt with during business hours.

STEPinFi endeavors to provide the most reliable network infrastructure possible to its Customers. To Customers in good financial standing with STEPinFI, we guarantee that our network is available 100% of the time in a given month, excluding scheduled maintenance.

The network is defined as core network infrastructure excluding the hardware, services, and software running on your server. Network downtime is measured from the moment the Customer notifies a STEPinFi support representative of a network failure to the time the Network responds to an external ping request. Notification of network failure must occur at the time of the outage and not after the fact.

The Customer agrees that it may be necessary for STEPinFi to temporarily suspend Services for technical reasons or to maintain the STEPinFi network, the equipment, or any other facilities, the timing of which will be as determined by STEPinFi. Such suspension of the Services will not be an interruption of the STEPinFi Services for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

STEPinFi may interrupt the Services at any time for any duration of time, without penalty or liability for any claim by the Customer, where necessary to prevent improper or unlawful use of STEPinFi Services or network. Such suspension of Services will not be an interruption for the purpose of calculating network availability or the Customer's entitlement to credit for network interruption.

A compromised or hacked server is a serious threat to our network. STEPinFi, at its sole discretion, will take any and all measures to prevent a compromised server from doing additional damage to its own system and files or to the rest of the network.

If you believe your system may have been hacked, immediately report the situation to STEPinFi technical support. STEPinFi will examine your system and may implement additional monitoring of your system.

If a STEPinFi System Administrator believes a server on our network is compromised, STEPinFi will:

• Disconnect the server from the network
• contact the client
• provide evidence of the server being hacked

If Customer breaches any of its obligations under this agreement or the Acceptable Use Policy (AUP) then STEPinFi may terminate this agreement at any time and without prior notice.

Customer acknowledges and agrees neither STEPinFi nor any of its members, shareholders, directors, officers, employees or representatives will be liable for any special, indirect, consequential, punitive or exemplary damages, or damages (including but not limited to damages for loss of profits or savings, loss of data, or loss of use) in connection with this agreement.

If, despite the foregoing limitations, STEPinFi or any of its shareholders, directors, officers, employees or representatives should become liable to Customer or any other person in connection with this agreement for ANY REASON, then the maximum aggregate liability of STEPinFi, its members, shareholders, directors, officers, employees and representatives for all such things and to all such parties will be limited to the lesser of the actual amount of loss or damage suffered by the claimant or the amount payable by Customer to STEPinFi for one month of service under this agreement.

Customer will indemnify and save harmless STEPinFi and its members, shareholders, directors, officers, employees, agents, contractors, and representatives from and against all damages, losses, costs, and expenses (including actual legal fees and costs), fines, and liabilities incurred by or awarded, asserted or claimed against STEPinFi or any of its members, shareholders, directors, officers, employees and representatives in connection with Customer's negligence, activities or omissions, or breaches of its obligations under this agreement, including claims brought by a person using or relying upon any advice given or publication produced and distributed by Customer.

The customer acknowledges that it accepts all risk of any unauthorized or illegal use of the STEPinFi network or any inter-connected network by third parties. STEPinFi provides no warranties, makes no representations, and accepts no liability for the unauthorized or illegal access or interference with the Customer's server/network unless such access or interference is caused by the intentional unlawful acts of STEPinFi, its agents, or employees.

STEPinFi assigns IP (Internet Protocol) addresses to Customers for their use. Customers have no right to use STEPinFi IP addresses not assigned to them, to move IPs between different servers or accounts, or in ways not permitted by STEPinFi. STEPinFi maintains ownership of all IP addresses that are assigned to Customers and reserves the right to change or remove them at its sole and absolute discretion. Typically, however, these changes are rare and made only at the request of RIPE & ARIN or an upstream provider. PLEASE NOTE: The allocation of IP addresses is restricted by the policies of RIPE & ARIN. These policies now dictate that name-based hosting MUST be used whenever possible. STEPinFi reserves the right to periodically review IP address usage and revoke authorization to use those IP addresses not being utilized or where name-based hosting could be used.

For the purposes of Network/Server maintenance, inventory, and related activities, STEPinFi staff and management retain the right to administrative access to any and all Servers on their network. To facilitate this, all STEPinFi Servers include a STEPinFi administrative account and/or daemon designed for these purposes. See Acceptable Use Policy (AUP) for more details. STEPinFi makes no warranty or representation, either express or implied, with respect to this software, the hardware, or documentation, including their quality, performance, merchantability, or fitness for a particular purpose.

Because software is inherently complex and may not be completely free of errors, you are advised to verify your work. In no event will STEPinFi be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of or inability to use the software, hardware, or documentation, even if advised of the possibility of such damages. In particular, STEPinFi is not responsible for any costs, including, but not limited to, those incurred as a result of the use of the software, loss of data, the costs of recovering such software or data, the cost of substitute software, claims by third parties, or for other similar costs. In no case shall STEPinFi have any liability that exceeds the amount of a single month's license fee.

Forex, spread bets and CFDs are leveraged products. They may not be suitable for you as they carry a high degree of risk to your capital and you can lose more than your investment. You should ensure you understand all of the risks. The Trade Copier services provided are not a recommendation to buy or sell, but rather a set of tools to facilitate the execution of a specified analysis method. This information should only be used by investors who are aware of the risk inherent in trading.

Very Important- Trade Copying does not guarantee anything. The user is responsible for any trades generated by the trade copier. By using the trade copier service, the user acknowledges that they are in complete control of the product, can turn it off, modify risk settings, and trades at any time. It is highly recommended that you test any signals generated by the trade copier in a demo environment to verify that it in fact functions to your expectation.

Please be aware that while the demo environment is similar to the live environment there will be differences in the way trades are processed and executed.

STEPinFi does not take responsibility for any electronic or technological errors that occur while using the trade copier. In particular, STEPinFi is not responsible for any costs or losses, including, but not limited to, those incurred as a result of the use of the trade copier. In no case shall STEPinFi have any liability that exceeds the amount of a single month's license fee.

all STEPwin's underlying trading strategy strictly follow the Trading Principle and Stop Loss wherein the customer by default agrees not to do/enter any trade without Pre Informed/Defined Stop Loss.

STEPinFi does not provide any refund once the payment is made for the selected service(s). Cancellations are also not accepted & all services are terminated after the specified time as per the package & plan. Nevertheless, services/plans can be changed upon request during the active period. All sales are final. Because STEPinFi offers unlimited days of trial evaluation in the TELEGRAM open channel and JOIN us on TWITTER to ensure that our products and services will meet your needs without the need to purchase, there will be Absolutely No Refunds and Cancellations. Before deciding to subscribe to our services, please make sure to take our unlimited free trial, the evaluation version that we provide. We do not offer refunds on subscriptions that have already been taken. We do believe in our services and support and even give two days free trial that, without any exception we a No Refund Policy. For this reason, we strongly recommend that before payment, our visitors: Read all information about our products, services, and support given to our clients. Evaluate the quality of our services by taking our Unlimited free trial. Read all About Us and our technical team. Read the Help and Frequently Asked Questions (FAQ) sections. Read our Terms of Use. Read our Privacy Policy. Do not allow children or other unauthorized family members or friends to access your credit cards or your account at the payment site to ensure that no one pays for a Membership without your permission. By making a payment for Membership to our site, you acknowledge that you have read and agree to the above No Refund and no cancellation Policy.

If there is any conflict between this User Agreement and other documents, this User Agreement shall govern, whether such order or other documents is prior to or subsequent to this User Agreement, or is signed or acknowledged by any director, officer, employee, representative, or agent of STEPinFi.

If STEPinFi takes action (by itself or through its associate companies) to enforce any of the provisions of this User Agreement, including a collection of any amounts due hereunder, STEPinFi shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.

These recommendations are based on the theory of technical analysis and personal observations. This does not claim for profit. We are not responsible for any losses made by traders. It is only the outlook of the market with reference to its previous performance. You are advised to take your position with your sense and judgment. We are trying to consider the fundamental validity of stocks as far as possible, but demand and supply affect it with vision variations. If any other company also giving the same script and recommendation then we are not responsible for that. We have not any position in our given scripts. Visiting our web one should agree in whole to our terms and condition and our disclaimer.

LINKS TO THIRD PARTY SITES The links on this site will allow you to leave STEPinFi. The linked sites are not under the control of STEPinFi has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by STEPinFi of the site. Third-party links to STEPinFi shall be governed by a separate agreement.