In case of disagreement between and the Client or discrepancies between the provisions in the English language and the provisions in any other language, the provisions in the English language shall prevail.
This client agreement, as well as all Annexes thereto and related documents, subject to periodic amendments (hereinafter referred to as the “Agreement”), contains the terms of the agreement between the Company and the Client. Please read it carefully and contact Company representatives immediately in case of a misunderstanding.
This Agreement is made between the Client, an identifiable account opening form, and .
The Company accepts and executes requests and orders from the Client through an online system in connection with Derivative financial instruments.
The owner and operator of the site is the group of companies , registered with the Office of Financial Regulation and Supervision of Saint Vincent and the Grenadines as an International Commercial Company, with registration number .
In this Agreement:
“Account” means the Customer's account opened with the Company to which a certain number is assigned.
“Applicable Laws” means all applicable laws, rules and regulations that are in force at a certain point in time and relate to the model and structure of the business and the country of incorporation of the Company.
“Partner” means an enterprise belonging to the group of companies , a representative appointed by or an enterprise from the group of companies , or any other person with whom the company has a relationship and has a common interest.
“Business Day” means any day except Saturday and Sunday when banks operate in the EEA.
“Rules for the handling of client assets” means the rules provided for by applicable law and other related provisions adopted in accordance with this paragraph.
"Derivative financial instrument" or "DFI" means a derivative financial instrument that does not imply any obligations in relation to the underlying asset of this instrument and implies only cash payments.
“Guarantor of loan security” means any person who has signed any guarantee, pledge agreement, margin or collateral agreement in favor of the Company in relation to the obligations of the Client under this Agreement.
“International Service for the Regulation of the Financial Services Market” means an outside body for the settlement of disputes in the field of financial services.
“Electronic Services” means the services provided by the Company, such as an online service that provides Customers with access to information and their account via an Internet connection, a WAP connection and / or an electronic routing system.
“Case of Default” means any of the cases of default listed in clause 14 (Case of Default).
“Execution” means the execution of Client requests placed on the online platform .
“OTC” in relation to transactions means being carried out / operating outside the organized foreign exchange market.
"Office " means the office of the Company located at its location.
" Online System" means an online system available on the Company's website through which the Customer can post orders.
“Secured Obligations” means the Client’s obligations to the Company, remaining after the offsetting, carried out in accordance with paragraph “Offsetting in case of non-fulfillment of obligations” of clause 12 (Margin Terms).
“Service” means acceptance and fulfillment of requests and orders received from the Client through an online system in connection with derivative financial instruments.
“Contract” means a derivative financial instrument made up between and its Client.
"System" means all the hardware and software, equipment, network objects and other resources that enable the provision of Electronic Services to the Client.
"Transaction" means any transaction carried out under this Agreement on the basis of a derivative financial instrument between and the Client in respect of any underlying asset.
“Company” means .
This Agreement is a document on the basis of which the Company will provide services to the Client. This Agreement governs each Transaction that has been concluded between the parties or is not completed at the time of or after the signing of this Agreement.
Entry into force
This Agreement supersedes all previous agreements between the parties regarding the subject matter of this Agreement and enters into force after the Client confirms its acceptance through the Company's website. The Agreement applies to all envisaged Client Transactions.
3. GENERAL PROVISIONS
Information about us
Our company (the “Company”) is registered in Saint Vincent and the Grenadines, and is also registered with the Office of Financial Regulation and Supervision in Saint Vincent and the Grenadines as an International Commercial Company, registration number . “Notices” of clause 19 (Other Provisions).
This Agreement is provided to the Client in English, and all further communication during the term of the Agreement will be conducted in English. However, to the extent possible, the Company will communicate with the Client in other languages other than English.
The client can communicate with the Company in writing (including by fax), by e-mail or using other electronic means of communication, as well as orally (including by phone). The contact details of the Company are listed in the “Notices” section of clause 19 (Other Provisions). The language of communication is English. All documents and other information received from the Company will be in English. However, for the convenience of the Client and, if necessary, the Company will try to communicate in other languages.
Additional information about the Company and services, as well as other information relating to this Agreement, can be found on the Company's website. In the event of a conflict between the provisions of this Agreement and the information on the Company's website, the provisions of the Agreement shall prevail.
The Company treats the Client as a private individual with a high level of risk in accordance with the Rules and Applicable Law. The Client may ask the Company to rank him in a different category of Clients. However, if, at this request, the Client is assigned to another category, the Client may lose the protection provided by certain Rules and other Applicable Laws. These include, among other things:
- a requirement for the Company to act taking into account the legitimate interests of the Client;
- the obligation of the Company to provide the Client with relevant information before providing services;
- a ban on the payment or receipt of any incentives from the Company;
- the obligation of the Company to best fulfill Customer requests;
- a requirement for the application of procedures and measures for the prompt, effective and honest execution of Customer requests;
- the obligation of the Company to provide the Client with extremely reliable, clear and accurate information;
- the requirement that the Client receives from the Company proper reports on the services provided to them.
Age of Legal Ability
The Company's services and products are intended only for persons who have reached the age of 18 (and at least the age of majority under the jurisdiction of the country in which the person lives). If the Client is an individual, the Client declares and guarantees that he has reached 18 years of age, as well as the age of legal capacity in his jurisdiction to enter into a binding Agreement, and that all information provided by the Client during registration is accurate and reliable. The Company reserves the right to require the Client to confirm the age and temporarily block the Client's Account until they provide the relevant evidence. The Company may, at its discretion, refuse to provide its products and services to any natural or legal person and at any time change the criteria for selecting Clients.
The reference to “clause” or “Appendix” in this Agreement is understood as a reference to the clause of this Agreement or the Appendix to it, respectively, unless the context otherwise provides. References to any charter, charter or Applicable law in this Agreement include all changes, amendments, additions to the relevant document or its adoption in a new edition.
The link to “document” or its equivalent in this Agreement includes any electronic document published on .
Words in the masculine gender include the female and neuter gender, and words in the singular include the plural and vice versa, to the extent that is allowed or required by context. Words and expressions defined in the Rules and Applicable Laws are assigned the same meaning in this Agreement, unless the Agreement explicitly provides otherwise.
The provisions provided for in the Annex to the Agreement (with periodic amendments) are legally binding. The Company may from time to time send additional Applications to the Client in relation to Transactions. In the event of a conflict between the provisions of any Appendix and this Agreement, the provisions of the Appendix shall prevail. The presence in the Annex of any provision in respect of one Transaction does not exclude the explicit or indirect existence of a similar provision in relation to any other Transaction. The client confirms that he has read the Appendices to this Agreement, understands and accepts them.
Headings are used for convenience only and are not part of this Agreement.
Compliance with Applicable Laws
This Agreement and all Transactions are subject to Applicable Law. In this way:
- this Agreement does not in any way exclude or limit the obligations of the Company to the Client in accordance with the Applicable Law;
- the Company may take or decide not to take any action at its discretion in order to comply with any Applicable Law;
- all Applicable law and all actions or any omission of the Company in order to comply with them are binding on the Client; and
- the relevant actions or inaction of the Company in order to comply with any Applicable Law does not impose any liability on the Company, as well as on directors, officers, employees or agents of the Company.
Actions by any competent regulatory authority
If any competent regulatory authority takes an action affecting a Transaction, the Company may take any action that we consider appropriate to fulfill the requirements of this action or reduce any damage caused to them. Any such action is obligatory for the Client.
In the event of any request from the regulator regarding any of the Transactions, the Client undertakes to cooperate with the Company and immediately provide the requested information.
5. COSTS, PAYMENTS AND COST OF SERVICES
Cost of services
The Client undertakes to pay for the services of the Company in accordance with the Company's existing agreements, to pay all fees and other amounts charged by the clearing organization, as well as interest on any amounts due at the rates established by the Company at that time (and available on request). Current prices for services are listed on the Company's website. The company will inform the Client in advance about any changes in the cost of services.
Please consider the possibility of the existence of other fees or expenses that are charged or paid through the Company.
All payments in favor of the Company under this Agreement are made in the currency specified by the Company at the appropriate time, to the bank account specified by the Company for this purpose. All such payments by the Client are made without any deductions or deductions.
Rewards and Shared Costs
The Company may bear the costs associated with the Transactions made on behalf of the Client, together with the Company's partners, affiliates, business representatives and agents. At the request of the Client, the Company may provide information on relevant cost-sharing or reward agreements. The client must inform the Company in advance if it needs more detailed information about bonuses and commissions paid by the Company to business representatives and other affiliates.
For each open Transaction made at the end of the Company's business day, a corresponding financing charge may be applied to the relevant TFI. In this case, this fee is paid either by the Client directly to the Company or by the Company to the Client, depending on the type of TFI and the position of the Client. The method of calculating the finance charge varies depending on the type of TFI to which it is applied. In addition, the amount of the finance charge depends on current interest rates (such as LIBOR). The financing fee is deducted from the Account or credited to the Customer's Account (depending on the situation) on the day following the day of its accrual.
The company reserves the right to change the method of calculating the financing charge, the amount of financing rates and / or types of TFIs to which the financing charge applies. In the case of certain types of PFIs, the Client pays a fee for opening and closing a PFI position. The amount of the commission is debited from the Client's Account at the moment when the Company opens the corresponding PFI. The company can calculate and change the interest rate swaps rates set by the Company at its discretion and without notice. Customers need to constantly monitor the current rates on the Company's website. Rates may change rapidly due to changing market conditions (changes in interest rates, volatility, liquidity, etc.) and various issues related to risks that the Company decides at its discretion.
For products with a floating spread, a fixed commission is applied in accordance with the List of Requirements. The commission is fixed for each contract and each stage (unilaterally). The Company reserves the right to change the size of the commission and shall not be liable for losses incurred by the Client as a result of a change in the size of the commission. In the case of products with a floating spread and commission, please periodically carefully review the list of requirements. The company is not responsible for changing the size of the floating spread or commission.
6. RIGHT TO CANCEL AGREEMENT
The Client may cancel this Agreement within 14 (fourteen) days from the date of its signing or its receipt by the Client (whichever is later) (hereinafter the “Term of Cancellation”). If the Client has decided to cancel the Agreement within the Term of the cancellation, it is necessary to send the Company a written or electronic notice to the addresses indicated on the Company's website in the “Contacts” section. Cancellation of this Agreement during the Term of cancellation does not entail cancellation of any Transactions concluded by the Client during this Term of cancellation. If the Client has not canceled the Agreement during the Term of Cancellation, it is binding on the Client, however the Client may terminate it in accordance with clause 17 (Legal Termination).
7. DISCLAIMER OF THE PROVISION OF RECOMMENDATIONS
The Company only fulfills the instructions of the Client and does not provide recommendations regarding the advantages of a particular Transaction or its tax consequences. The Company may, upon request, provide the Client with free information materials indicating their source. These materials should not be taken as a recommendation, advice or guarantee. The client independently decides whether to rely on the received information. This information is not a recommendation regarding cash management or investments. Using the Company's Services, the Client acknowledges, understands and accepts this.
Own assessment. Product availability
Without prejudice to the above obligations, in order to conclude a Transaction, the Client declares that it has independently and under its responsibility carried out an independent risk assessment of the Transaction. The Client declares that he has sufficient knowledge, experience and professional advice for self-assessment of the benefits and risks of any Transaction, and that the Client has read and accepts the Risk Disclosure and Management Statement for the underlying asset available on the Company's website. The Company does not provide guarantees regarding the suitability of the products provided under this Agreement, and does not assume any fiduciary obligations to Customers.
Information as a by-product
If the Company provides the Client with general information, market information or other information:
- this information is a by-product of the business relationship of the parties. It is intended solely to help the Client to make an independent decision and is not a recommendation;
- if the information is provided in the form of a document containing a clause regarding the person or persons for whom this document is intended or addressed, the Client agrees not to transfer it to any other persons;
- the Company does not make statements and does not guarantee the accuracy or completeness of this information or regarding the tax consequences of any Transaction;
- the Client agrees that from the moment of sending this information the Client must use it or act on its basis. The Company does not make statements regarding the time when the Client receives this information and cannot guarantee that the Client will receive it simultaneously with other Clients. Any published analytical reports or recommendations may appear on one or several information boards.
8. CLIENT ACCOUNTS AND INITIAL DEPOSITS
Before submitting a request to the Company, the Client is obliged to read and accept this Agreement, including the Risk Disclosure Statement, policies and procedures described in clause 9 below and all existing applications, the Client’s Account must have sufficient net funds and the Company must approve the Client registration form and all related documents.
The minimum amount of the initial deposit is $ 250 or the equivalent amount in another currency (in accordance with the currency of the Customer's Account). Notification of registration will be sent to the Client by e-mail or published on the site.
At its discretion, the Company may require that, in addition to accepting the Agreement online, the Customer signs and submits any documents requested by the Company, including, but not limited to, this Agreement and the Risk Disclosure Statement.
You can open a trading account (s) in US dollars, euros, Russian rubles or any other currency offered by the Company. The balance of the Account (s) will be calculated and reported to the Client in the currency of the Account (s).
9. POLICIES AND PROCEDURES
Transfer of orders
The Client may transfer orders to the Company in electronic form via the Online System. If you receive any instructions by phone, computer or other means, the Company may ask the Client to confirm them in writing. In any case, the Company will be authorized to execute the Client's order, even if the Client does not confirm it in writing. In this Agreement, the words “order” and “request” have the same meaning.
Valid query types
Some (but not all) types of requests received by the Company are listed below:
Valid until the notice of cancellation (Good till Canceled (“GTC”)) - any request (other than a market one) that, by virtue of its conditions, is valid until it is executed or canceled by the Client. Such requests are not canceled automatically at the end of the working day on which they were submitted.
Limit Request - any request (other than a market one) to buy or sell a specific contract at a specified price. A limit purchase request is usually executed when the asking price becomes equal to or lower than the suggested price specified by the Client in the request. A limit sales request is executed when the bid price becomes equal to or higher than the asking price specified by the Customer in the request.
Market Request — A request to buy or sell a specific contract at the current price specified in the Company's Online System. The purchase request is executed at the current asking price of the contract, and the request for sale is executed at the current proposed price of the contract.
Interchangeable Request (One Request Cancels the Other Request (“OCO”)) - a request associated with another request. Running one of the queries automatically cancels the other.
Stop Loss Request - an order to buy or sell a contract at a price lower than the initial price of an open position (or lower than the prevailing price when submitting a stop loss request for an already open position). It is used to protect against damages. Please note that due to the price gap, the best available price you can get may differ significantly from the price specified in the stop loss request. Thus, the request stop loss does not necessarily bring the desired result at the price indicated in it.
Trailing Stop Request is the same as stop loss, with the difference that instead of setting a price that activates a request, a sliding stop request is activated at a fixed distance from the price.
For example, if the Client bought a long open position and the market asking price of the contract has increased, the moving stop price will also increase and will follow the market asking price of the contract at a distance specified by the Client. If the market asking price then decreases, the moving stop price stops at its last position, and when the market asking price reaches the moving stop price, the request will be fulfilled. Please note that due to the price gap, the best available price that can be obtained may differ significantly from the price indicated in the moving stop request. Thus, a rolling stop query does not necessarily bring the desired result at the price indicated in it.
After the submission of the request, the Client is obliged to stay in touch to receive notifications of acceptance and execution of the request and other messages about the status of the Customer's Account until all open requests are fulfilled. Thus, the Client must constantly monitor his Account in the presence of open positions / requests.
The validity of the Client's request will depend on the type and time of the request. If the validity period or the expiration date / time of the request is not specified, the request will have an unlimited validity period.
Request Acceptance Conditions
The client is obliged to clearly indicate the conditions of the request being submitted, whether it be a market, limit, stop loss or any other request, including the corresponding price and the size of the contract. The Client acknowledges and agrees that, despite the Company's efforts, the price at which the request is executed may differ significantly from the price indicated in the request. This may be caused by sudden fluctuations in the price of the underlying asset, which the companies are not subject to. The company is not responsible for the inability to fulfill the request. The Company has the right (but is not obliged) to refuse completely or partially any request prior to its execution or to cancel any request if the margin on the Customer’s Account is not sufficient to fulfill the entire request or if the request is illegal or otherwise incorrect.
The company is obliged to comply with the policy of fulfilling requests and provide its Clients with the necessary information related to the policy of fulfilling the requests of the Company. The following are factors for fulfilling requests that the Company takes into account when receiving requests from the Client, and their relative importance:
Price. Assigned relative importance: "high".
Speed. Assigned relative importance: "high".
Probability of execution and calculation. Assigned relative importance: "high".
Size. Assigned relative importance: "high".
The company is the second side of each request that the Customer submits, so the Company is the only performer.
The company is authorized to act in the interests of the Client on instructions that the Client or any person authorized by him sent or plans to send to the Company, without further clarification regarding the authenticity, authority or identity of the person giving or planning to give this order, provided that this order is accompanied valid Client Account number and password to it. If the Customer’s Account is a joint Account, the Customer agrees that the Company is authorized to act on the instructions of any of the persons on whose name this Account is opened, without further clarification. The company is not obliged to additionally ascertain the apparent legitimacy of these persons and is not responsible for the consequences of their actions or inaction, based on the instructions received or the apparent legitimacy of such persons.
Cancellation / cancellation of orders
Any Customer request other than market requests may be canceled via the Online system, but only at the Customer’s one-to-one request and provided that the Company has not taken action on this request up to this point. The executed orders may be revoked or modified only by the Client with the consent of the Company. The company is not responsible for any claims, damages, damages, costs or expenses, including legal fees arising directly or indirectly from the inability to cancel the request.
Right to reject requests
The company may (but is not required to) accept orders for the conclusion of a Transaction. If the Company refuses to conclude the proposed Transaction, it is not obliged to explain the reason for the refusal, but will promptly notify the Client accordingly.
Control requests before execution
The company has the right (but not the obligation) to set limits and parameters at its sole discretion in order to control the ability to submit Client requests. The company may change, increase, decrease, cancel or add these limits and / or parameters at its sole discretion. These include, but are not limited to:
- control of the maximum requested amount and the maximum size of the Transaction;
- control of the general risk of the parties in relations with the Client;
- price control in submitted requests (including, among other things, price control with prices that differ significantly from the market price of the contract in effect at the time the request is submitted);
- control of Electronic Services (including, without limitation, any procedures for verifying that a particular request was received from the Client); and / or
- any other limits, parameters and control measures that may be required from the Company in accordance with Applicable Law.
Customers should be aware that derivatives transactions carry a high degree of risk. The size of the initial margin may be small in relation to the value of the derivatives, so that the Transactions are “mobilized” or “adapted”. A relative small price movement may have a proportionately greater effect on the funds that the Customer has deposited or will need to deposit. This can work against or in favor of the Client.
The company reserves the exclusive right to expand its floating spreads, adjust leverage, change its renewal ratios and / or increase margin requirements without notice in certain market conditions, including but not limited to when the office is closed, around major announcements, in result of changes in credit markets and / or during periods of extreme volatility. In such circumstances, the Client agrees to indemnify the Company for any and all losses that may arise as a result of spreads and leverage adjustments.
Execution of requests
The Company will make reasonable efforts to immediately fulfill any request, however, accepting the Customer’s request, the Company does not approve or guarantee that such a request can be executed at all or that it can be executed in accordance with the Customer’s instructions. If the Company encounters any significant difficulty that is important for the proper execution of the request on behalf of the Client, the Company will immediately notify the Client.
At the end of each day, confirmations of all Transactions that the Company executed on behalf of the Customer on that day will be available through the Customer's Online Account on the Company website, which is updated as each Transaction is executed.
The confirmation of the execution and the reports on the Account (s) of the Client, in the absence of an obvious error, will be considered correct, persuasive and obligatory for the Client if the Client has not immediately sent an objection via email if the requests were posted via the Online System, or by phone to the office of , within five Business days from the date of posting such evidence, available to the Client on the Company's website.
In cases where the prevailing contract is prices other than those placed by the Company, the Company will make maximum efforts and act in good faith to fulfill market inquiries at prices of the prevailing contracts or at prices close to them. This may adversely affect realized and unrealized gains and losses of the Client.
Inappropriate or illegal requests
The goal of the Company is to provide the most efficient liquidity in the form of streaming, tradeable prices for most of the contracts that the Company offers on the platform. As a result of the highly automated nature of providing these streaming, traded prices, the Client understands and agrees that incorrect quotes may occur from time to time.
If the Client applies strategies to take advantage of such incorrect quotes or acts in bad faith, the Company will consider this as unacceptable behavior. If the Company, in its sole discretion and acting in good faith, determines that the Client or any representative on behalf of the Client uses it, benefits, tries to use or benefit from such incorrect quotes, or performs other improper or illegal actions, for example:
- fraud / illegal acts that led to the Transaction;
- requests placed on the basis of prices distorted as a result of system errors or system failures;
- arbitration at prices offered by the Company's platforms as a result of system errors; and / or
- agreed Transactions concluded by affiliates to benefit from system errors and delays in system updates,
The company will be entitled to:
- adjust the price spreads available to the Client; and / or
- limit the Client's access to streaming, instantly traded prices, including providing quotes only manually; and / or
- receive from the Client's Account any historical trading profit received by the Client as a result of abusive liquidity, revealed by the Company at any time during the relationship; and / or
- reject the request or cancel the Transaction; and / or
- immediately terminate a business relationship.
None of the employees and / or former employees who currently work or worked for the Company or for any of its affiliated legal entities under full or part-time employment is entitled to, during their work for the Company, or for - from its affiliated legal entities and after finishing work, to become a Client of any brand of the Company (directly or indirectly, independently or with partners, partners, affiliates or with any other third party) without prior written permission I Company. If the Company considers that an employee and / or a former employee makes Transactions with any brand of the Company without the prior written permission of the Company, personally and / or through a third party, the Company will consider all Transactions as improper and / or illegal. In such circumstances, the Account (s) of the employee and / or the former employee and all open Transactions will be immediately closed, and any funds held in the Account will be confiscated.
No business partner or former business partner of the Company or any of its affiliates has the right, during the term of an agreement between a partner / former partner and the Company, and after termination of such an agreement, to become a Client of any brand of the Company (directly or indirectly, alone or with partners, partners, affiliates or any third party) without the prior written permission of the Company. If the Company considers that the partner / former partner makes Transactions with any brand of the Company without the prior written permission of the Company, personally and / or through a third party, the Company will consider all Transactions improper and / or illegal. In such circumstances, the Partner’s / former Partner’s Account (s) and all open Transactions will be immediately closed, and any funds held in the Account will be confiscated.
Blocking and canceling deposits
The company has the right not to accept Client’s deposited funds and / or cancel Client’s deposits in the following cases:
- if the Client does not provide the Company with the documents that it requests in order to identify the Client or for any other reason;
- if the Company suspects or has concerns that the documents submitted may be false or fake;
- if the Company suspects that the Client is involved in illegal or fraudulent activity;
- if the Company receives information that the Customer’s credit or debit card (or any other means of payment used) has been lost or stolen;
- if the Company believes that there is a risk of a refund; and / or
- if the Customer deposits $ 15,000 or more, or makes more than 10 separate deposits for client trading accounts and the Company cannot verify the data on the Customer's credit or debit card or cannot verify other applicable means of payment.
In case of cancellation of deposits, and if confiscation of the Client’s funds by a government agency on suspicion of money laundering or any other offense, the Client’s funds will be returned to the bank account from which they were originally received.
Execution and settlement
The Client must immediately transfer the instructions, money or documents necessary to conduct the Transaction in accordance with the terms of the Transaction, including the changes that have been made to it by the instructions that the Client submitted to the Company.
The Company may require the Client to limit the number of open Transactions, at any particular time, the Company also has the right, at its own discretion, to close one or more Transactions in order to ensure compliance with such restriction of Transactions. The Company may require the Client to limit the number of open Transactions, at any particular time, and the Company may, at its own discretion, close one or more Transactions to ensure compliance with such restriction of Transactions. The client will not be able to close any of his Transactions earlier than 59 seconds after the moment of opening the corresponding position.
Withdrawal of funds
Without prejudice to and subject to compliance with the terms of this Agreement, all Applicable Laws and all conditions related to payments made to the Client according to the bonus or discount scheme implemented by the Company, the Client may withdraw funds from his Account, funds are not used for margin purposes or otherwise become the property of the Company; Once the Client’s withdrawal request has been approved, it will be processed by the Company and sent to the same bank, credit card issuer or other source for execution as soon as possible. (Note: Some banks and credit card companies may take time to process payments, especially in currencies, when a correspondent bank participates in the Transaction). Funds will be returned to a bank account / credit card / to another source from which funds have been debited.
If the Client requests the withdrawal of funds from his Account and the Company cannot fulfill this request without closing any part of the Transactions opened by the Client, the Company will not execute the request until the Client closes enough Transactions so that it can withdraw funds. In order to process the Client’s withdrawal request, the Client must make sure that the funds remaining on the Account after withdrawal will be at least twice as large as the margin used. If the Client does not fulfill the necessary requirements for trading under the bonus program at the time of submitting a withdrawal request, the bonus will be debited from the Client’s trading account. Withdrawals will be carried out only at the request of the Client, by bank transfer to an Account registered in his name, or in another way that the Company determines at its own discretion.
In order for the Company to process the Client’s withdrawal request, it is necessary to:
- enter your personal account on the Company's website using your username and password;
- in the personal account select the tab “TRADER MENU - Withdraw funds”; enter the amount, select the currency and click "Create";
This process can take up to five (5) business days. During this time, but before the Company starts processing the Client's request, the Client has the right to cancel his request through the withdrawal module or via e-mail.
The company will once again check the Customer’s identification documents (ID, proof of residence at the specified address, compliance questionnaire), activity on the Customer’s Account, Free Margin at the time the request is processed (except for the remuneration received) and other documents that may be required due to the provisions anti-money laundering / deposit management policies (bank statements, proof of funds, confirmation of funds deposited with the company, primary / secondary address of residence, statement of deposited funds, copies of credit cards, etc.).
If any of the above is required, but is absent (was not sent to customer support e-mail or contact e-mail or was not downloaded by the Customer in the “Documents” section), the Company will not process the Customer’s withdrawal request and notify Customer due diligence on the reason for cancellation.
In case of cancellation of a withdrawal request, the Client must provide the Company with the requested documents (they will be indicated in an e-mail that the Client will receive from the Company) and submit a new withdrawal request. A previously canceled withdrawal request cannot be reopened. Consequently, the Client needs to submit a new withdrawal request.
If all of the above is provided to the Company and the Client's Free Margin allows you to withdraw the requested funds, the Company will process the Client's request in a maximum of five (5) business days and inform the Client about it.
All Client withdrawal requests that can be processed will be processed by the Company within a maximum of five (5) business days. Further, only on how long the client’s banking partner depends on how long the funds will be transferred to the client’s card / bank account.
Inactive and Inactive Account
The Client acknowledges and confirms that the trading Account (s) held by the Client in the Company, where the Client:
- did not place any Deals;
- did not open or close Transactions; and / or
- did not deposit funds to the Customer’s Account;
- for 90 days or more, will be considered by the Company as inactive (“Inactive Account”).
In case the Client continues and continues:
- place Transactions;
- open or close Transactions; and / or
- deposit funds to the Client's Account;
The account will be considered active by the Company (the “Active Account”).
The client further agrees that Inactive accounts having zero balance / capital will be transferred to the category of inactive (“Inactive Account”). To reactivate an Inactive Account, the Customer must contact the Company and inform them of their desire to activate an Inactive Account. The idle Client’s account will then be re-activated (provided that, if necessary, the Client will provide the Company with updated information for the “Know Your Client” procedure) and become an Active account.
However, if the Client does not perform the following actions with the Active account:
- will not post Transactions;
- will not open and will not close a Deal; and / or
- does not deposit funds to the Client's Account;
for 90 days or more, such an Account will again become an Inactive Account.
If in the Client's Account:
- the Balance is zero (there are no own funds on the Account; And
- Capital is equal to zero (there is no award bonus on the Account); AND
- no open trades;
The account must be transferred to a special group, without the possibility of opening new positions. To re-activate, the Customer must send a corresponding written request to
10. ELECTRONIC TRADE CONDITIONS
These provisions apply to the use by the Client of any E-services.
After the Client has passed the security procedures related to the E-service provided by the Company, the Client will receive access to the respective service, unless otherwise agreed or indicated on the Company's website. Any mention of the Company's working hours refers to GMT +2 (“GMT”) using a 24-hour clock. Under normal circumstances, the Company's electronic services will be available from 22:00 GMT on Sunday to 22:00 GMT on Friday (winter time), every week, except for official holidays and cases when basic tools are closed due to lack of liquidity. For more information about the hours of work for each contract, please visit the Company's website. The Company reserves the right to suspend or change the opening hours at its discretion, and in this case the information on the Company's website will be updated without delay, in order to notify the Client about it. In this sense, the hours of operation indicated on the websites operated by the Company and for which the Client has the right to request are applied. The Company may change the security procedures at any time and notify the Client of any new procedures applicable to the Client as soon as possible.
Restrictions on the services provided
There may be restrictions on the number of Transactions that the Client can conclude in one day, as well as on the total cost of the corresponding Transactions using the Electronic Service. For more information about the restrictions on Transactions effected through Electronic Services, please visit the Company's website.
The Client will be responsible for providing the System (equipment) required for using the Electronic Service (online platform).
The Client is responsible for installing and properly using any virus detection / virus scanner, which the Company periodically requires.
Use of information, data and software
In the case of receipt of any data, information or software through the Electronic Service, in addition to those that the Client is entitled to receive in accordance with this Agreement, the Customer should immediately notify the Company of this and not use in any way such data, information or software.
When using the E-service, the Client must:
- to ensure the maintenance of the System in good condition and its suitability for working with such an Electronic Service;
- conduct such checks and provide such information as the Company reasonably deems necessary to determine whether the System meets the requirements that the Company periodically notifies the Client;
- conduct regular virus checks;
- immediately notify the Company of any unauthorized access to the Electronic Service or of any unauthorized Transaction or order about which the Client became aware or suspicious, and, if it is in the power of the Client, to achieve the termination of such unauthorized use; and
- in any case not to leave the terminal from which the Client entered into such an Electronic Service, and not allow anyone else to use the corresponding terminal until the Client disconnects from this Electronic Service.
In the event that the Customer becomes aware of a material defect, malfunction or virus in the System or in the Electronic Service, the Customer must immediately notify the Company of such defect, malfunction or virus and stop using such Electronic Service until the Customer receives from the Company permission to resume use.
All rights to patents, copyrights, rights to an industrial design, trademarks and any other intellectual property rights (registered or unregistered) relating to the Electronic Services remain with the Company or with the licensors of the Company. The Client may not copy, interfere, violate the integrity, make changes or amendments to the Electronic Services or any part or parts of them, unless expressly authorized by the Company in writing, nor does it have the right to decompile or disassemble the Electronic Services, to claim such actions or allow them to be committed, except if it is directly authorized by law. Any copies of Electronic Services executed in accordance with the law are subject to the terms of this Agreement. The client must ensure that all notices on trademarks, copyrights and the limited rights of licensors are reproduced on these copies. The customer must keep an up-to-date written record of the number of copies of the Electronic Services made by him. If the Company so requests, the Client should, as soon as practicable, provide the Company with a report on the number and location of copies of the Electronic Services.
Responsibility and liability shielding
Without prejudice to any other terms of this Agreement relating to the limitation of liability and liability protection, the following provisions apply to the Company's Electronic Services:
Immediate suspension or final recall
The Company has the right, unilaterally and with immediate effect, to temporarily suspend or permanently withdraw the Client’s ability to use any Electronic Services, or any part thereof, without notice if the Company deems it necessary or appropriate, for example, due to the Client’s failure to comply with applicable laws, breach of any provision of this Agreement, upon the occurrence of any Case of Default, network problems, power failure, for maintenance or in order to ensure the protection of the client in the event of a security breach. In addition, the use of the Electronic Service may be automatically terminated after termination (for any reason):
- any license granted regarding the relevant Electronic Service; or
- this Agreement.
Suspension or final recall notice
The Company has the right to suspend or permanently withdraw the Electronic Service by notifying the Client 24 hours in advance.
The company is not responsible for any actions taken by any exchange, clearing house or regulatory body, or on their behalf.
The Company shall not be liable for any damages, liability or expenses resulting from the unauthorized use of the Electronic Service. The Client must, upon request, protect, protect and release the Company from any losses, obligations, court decisions, processes, lawsuits, proceedings, claims, damages and costs arising from the action or inaction of any person using the E-service using the passwords set by the Client, regardless of whether the Client authorized such use.
Client System Viruses
The client must ensure that computer viruses, worms, software bombs or similar items are not introduced into the Company's computer system or network and compensate the Company for any losses that the Company may incur as a result of their insertion.
Viruses from E-services
The Company shall not be liable to the Client (whether under the contract or not under the contract, including negligence) if the System through the Electronic Service or through any software provided by the Company to the Client so that the Client can use the Electronic Service, viruses, worms, software bombs or similar items will be provided, provided that the Company has taken reasonable steps to prevent their introduction.
The company is not obliged to execute any orders for which it was determined that they are based on errors caused by the fact that the system has delayed the prices provided through the price display system in the system or through third-party service providers. The Company does not take responsibility for Transactions that were conducted on the basis of the delays described above or as a result thereof.
Neither the Company nor the third-party software provider assumes responsibility for any delays, inaccuracies, errors or omissions in the data provided to the Customer in connection with the Electronic Service. The Company does not assume responsibility for delays, inaccuracies or errors in the prices provided to the Customer, if third-party service providers with whom the Company cooperates have caused these delays, inaccuracies or errors.
The Company is not liable to the Client for damage that the Client may suffer as a result of transmission errors, technical malfunctions, failures, unlawful interference with network equipment, network overloads, malicious blocking of third-party access, Internet failures, interruption of work or others. Internet service providers. The Customer acknowledges that access to Electronic Services may be limited or may be absent due to such system errors, and that the Company reserves the right after notification to suspend access to Electronic Services for this reason.
The consequences of termination
In case of termination of the use of the Electronic Service for any reason, at the request of the Company, the Customer shall, by the decision of the Company, return or destroy all equipment, software and documentation that the Company provided to the Customer in connection with such Electronic Service, copies.
11. CUSTOMER ASSETS
The Company handles the assets received from the Client or held by the Company on behalf of the Client, in accordance with the requirements of the Rules for the handling of Client assets.
The Client acknowledges and confirms that no interest will be received on the balance of his Account. Foreign banks, trading agent, settlement agent or OTC counterparty
The Company will make efforts to hold the Client’s assets on his behalf within the European Union, however, the Company may also hold the Client’s funds outside the European Union. The Company may transfer the funds received from the Client to a third party (for example, a trading agent, bank, market, clearing agent, clearing house or OTC counterparty located outside the European Union) in order to hold or control funds for making a Transaction through or with such person or in order to fulfill the Client’s obligation to provide collateral (for example, the initial margin requirement) in connection with the Transaction.
The Company is not responsible for the actions or omissions of a third party, to which the Company transfers the provided funds to the Client. A third party, to which the Company may transfer the Customer’s credited funds, may hold them in the consolidated Account, and it will not be possible to separate them from other funds of the Company or from funds of another third party. In the event of insolvency or any other similar proceedings with respect to such a third party, the Company may only have an unsecured claim against a third party on behalf of the Client, and the Client will be at risk that the money received by the Company from a third party will not be sufficient to meet the Client’s requirements in respect of the relevant Account. The company does not assume any responsibility for possible losses. By accepting the terms of the Company, the Client accepts this calculated risk. The Company may deposit / transfer the Client’s funds to the depositary / settlement agent, who may have a lien, a right of retention or a right of offset against these funds. The Bank / Trading Agent / Settlement Agent, through which the Company conducts Transactions, may have interests that are contrary to the interests of the Client. The regulatory regime applicable to any such bank or legal entity will differ from the regulatory regime of the European Union, and in the event of insolvency or any other similar proceedings in relation to this bank or individual, the treatment of the Client’s funds will differ from the treatment would apply if the funds were in a bank account in the European Union. The company is not responsible for the insolvency, acts or omissions of any third party mentioned in this clause.
Unclaimed Client Assets
The Client agrees that the Company may cease to treat its funds as assets if there is no movement on the Client’s balance within one calendar month. The Company will notify the Client to the last known e-mail address about the intention to no longer treat the Client’s balance sheet as an asset and will give the Client 5 days to submit claims.
Responsibility and liability shielding
The Client agrees that the Company is not responsible for any failure to fulfill obligations by any counterparty, bank, responsible custodian or other person holding funds on behalf of the Client, or with whom, or through whom, Transactions are made.
The Company will not be liable for losses incurred by the Customer due to the fact that the Company holds the funds of the Customer, unless such losses arise due to the Company's gross negligence, willful default or fraud.
12. MARCHING TERMS
When the Company makes or arranges a Transaction, the Client should take into account that, depending on the nature of the Transaction, the Client may have to make additional payments if the Transaction is not completed or in case of earlier redemption or closing of the Client's position. It may be necessary for the Customer to make additional variable payments in the form of a margin at the contract purchase price, instead of paying (or receiving) the entire purchase (or sale) value at once. A change in the contract price under the Client Agreement will affect the amount of margin payment that the Client will need to make. The company will monitor the margin requirements on a daily basis and will inform the Client, as soon as practicable, about the amount of any margin payment required in accordance with this clause.
The Client agrees to pay the Company, as necessary, periodically the required amounts in the form of a margin, which the Company may, at its sole discretion, reasonably demand to protect itself from losses or the risk of losses under the present, future or proposed Transactions in accordance with this Agreement.
Non-compliance with margin requirements
Please note that in case the Client fails to fulfill the margin requirement, the Company can immediately close the Transaction. When the margin level indicator on the Client's Trading Account is equal to or less than 30%, the stop-out mechanism will be automatically activated, and the Transaction will be automatically closed at the first available contract price.
The margin should be paid in cash in the currency acceptable to the Company, at the Company's periodic request. The cash margin paid to the Company is held as Client assets in accordance with the Rules for the handling of client assets. Margin deposits are made by bank transfer, credit card, e-wallet or other methods specified by the Company.
Offset in case of default
Upon occurrence of a Case of Default or upon termination of this Agreement, the Company will credit the balance of the monetary margin that the Customer owes to the Customer’s obligations (reasonably priced by the Company). The net amount, if any, paid by the parties after such a netting should take into account the amount of liquidation payable in accordance with paragraph 15 (Settlement of Liabilities).
The Client agrees to issue additional documents and take additional actions that the Company can reasonably require to issue a pledge right to the Secured Obligations and obtain legal title to them.
Waiver of bail
The client undertakes not to create or leave unfulfilled any lien on the cash margin transferred to the Company, and not to agree to transfer or transfer such margin, with the exception of the right of retention, usually applied to all securities in may contain such securities.
In addition to the rights that the Company may have under this Agreement or with Applicable Law, and without prejudice to them, the Company will have a general right of retention for all funds held by the Company or its Partners or authorized persons of the Company on behalf of Customer, until the fulfillment of the Secured Obligations.
13. REPRESENTATIONS, GUARANTEES AND UNILATERAL OBLIGATIONS
The Client certifies and warrants to the Company on the date of entry into force of this Agreement and on the date of each Transaction that:
- if the Client is an individual, the Client has reached the age of majority and has full legal capacity to enter into this Agreement;
- if the Client is not an individual:
- the Client is duly organized, established and operates in accordance with the applicable law of the jurisdiction in which it is established;
- the execution and conclusion of this Agreement, all Transactions and the fulfillment of all obligations stipulated by this Agreement were duly authorized by the Client; and
- each individual who completes and concludes this Agreement on behalf of the Client, enters into Transactions and fulfills all obligations stipulated by this Agreement, is duly authorized by the Client and submitted by the Company, with all the necessary information and / or documentation.
- The Client has all the necessary competence, powers, consents, licenses and permits, and has taken all necessary actions to legally enter into and execute this Agreement and Transactions, and to provide the liens and powers mentioned in this Agreement;
- the persons entering into this Agreement and into each Transaction on behalf of the Client are duly authorized for this and submitted to the Company, with the provision of data on communications with the Client and all necessary information and / or documentation;
- this Agreement, each Transaction and the obligations created by them are binding on the Client and are subject to execution in relation to the Client in accordance with their terms (subject to applicable principles of equity), and do not violate or violate the terms of any legal norms, requirements, payments or agreements in respect of which the Client has obligations;
- No Case of Default or Case that may become (over time, notice, decision or a combination of the above) Case of Default (“Potential Case of Default”) did not occur and does not continue in relation to the Client or any Guarantee of credit security;
- The Client acts as the main and sole beneficial owner (but not the trustee) when entering into this Agreement and into each Transaction, and if the Client wants to open, in the present or in the future, more than one Account in the Company as a private Client ( individual) or as the beneficial owner of a corporate Client (legal entity), you must immediately confirm to the Company that the Client is the beneficial owner of the Account / Accounts during the account opening procedure and provide the company with The necessary information and / or documentation about the relationship between the individual (s) and / or legal entity (s);
- Any information about the financial position of the Client, place of residence or other matters that the Client provides or has provided to the Company is accurate and does not mislead in any material respect;
- The Client is ready and financially able to withstand the total loss of funds as a result of Transactions and to carry out Transactions suitable for him; and
- Unless otherwise agreed by the parties, the Client is the sole beneficial owner of all margins that the Client transfers under this Agreement, free of any lien, except for a lien customarily applied to all securities in the clearing system that may contain such securities.
Unilateral commitments. The client undertakes the following obligations:
- obtain and comply with all the competencies, powers, consents, licenses and permits mentioned in this clause, and do everything necessary to maintain them in full strength and operation;
- promptly notify the Company of the occurrence of any Case of Default or Potential Case of Default for the Customer or any Guarantee of credit security;
- take appropriate actions to comply with all Applicable Laws in connection with this Agreement and with any Transaction, to the extent that they apply to the Client;
- do not send requests and do not take any other actions that could create a false idea of the demand or value of the TFI. Also, the Client undertakes not to send inquiries about which the Company has reason to believe that they violate Applicable Laws, or which, using the Client’s Account (s) in the Company, may be considered queries that abuse the system, including, but not limited to, the intention of someone to take advantage of delays in contract prices, to execute Transactions at over-the-counter market prices and / or outside working hours, and to abuse the system for making Transactions at manipulated prices; and
- upon request, provide information that the Company may reasonably require to confirm the facts mentioned in this clause or to enforce the Applicable Law.
14. CASES OF NON-FULFILLMENT OF OBLIGATIONS
The following are the Cases of Default:
- The Client does not make payments within the deadlines provided for in this Agreement, or do not comply or do not comply with any other provision of this Agreement, and such non-compliance continues for one Business Day after the Company notifies the Client of its failure to fulfill its obligations;
- the Client initiates a voluntary business or other procedure by requesting or proposing liquidation, reorganization, change of corporate structure or education, freezing or moratorium, or other similar measures in relation to the Client or its debts in accordance with bankruptcy law or insolvency, with regulatory, supervisory or similar legislation (including corporate or other law potentially applicable to the Client in the event of insolvency), or requesting an appointment the authorized person, the recipient, the liquidator, the trustee, the administrator, the custodian in charge or a similar official (each is the “Responsible Custodian”), for the Client or a substantial part of the Client Assets, or the Client undertakes any corporate action to resolve any of the above, and in the case of reorganization, changes in corporate structure or education, the Company does not agree with these proposals;
- A compulsory case or other procedure starts against the Client, requesting or proposing liquidation, reorganization, change of corporate structure or education, freezing or moratorium, or other similar measures in relation to the Client or to his debts in accordance with the law on bankruptcy or insolvency, with regulatory, supervisory or similar legislation (including corporate or other law potentially applicable to the Client in the event of insolvency), or requesting stitching appointment of a Responsible Custodian for the Client or a substantial part of the Client’s assets, and such a compulsory case or other procedure:
- have not been terminated within five days of their beginning or presentation; or
- were discontinued during this time, but only because of insufficient assets to cover the costs of the case or other procedure;
- The Client dies, becomes mentally incapable, unable to pay his debts on time, or bankrupt or insolvent in accordance with the definitions of bankruptcy or insolvency law applicable to the Client: either any debt of the Client is not paid on time, or it becomes effective at any time after its declaration payable on agreements and instruments confirming such a debt before it would otherwise be paid, or a process starts, a case or other procedure in connection with this Agreement for execution, imposition of arrest or retention, seizure to secure fulfillment of obligations, or the pledgee takes possession, and all this applies to all or part of the Client's property, enterprises or assets (tangible and intangible);
- The Client or any Credit Security Guarantor (or Responsible Custodian acting on behalf of the Client or on behalf of the Credit Security Guarantor) refuses to confirm or claim or do not recognize any obligation under this Agreement or guarantee, pledge agreement, agreement or margin document either about security, or any other document (each is a “Credit Provision Document”) containing a third party obligation (“Guarantor of loan security”) or an obligation of the Client in favor of ompanii applied to the Client obligations hereunder;
- Any confirmation or guarantee made or provided, or deemed to be made or provided, by the Client in accordance with this Agreement or with any Loan Security Document, turns out to be false or misleading in any material respect at the time they were made provided or deemed to be made or provided;
- The loan guarantee guarantor or the Client does not comply with or does not fulfill any agreement or obligation that must be observed or fulfilled by him or the Client in accordance with the applicable Credit Security Document;
- Any loan security document expires or ceases to operate in full before fulfilling all the obligations of the Client under this Agreement, unless the parties agreed in writing that this would not be a case of default;
- Any confirmation or guarantee made or provided, or deemed to be made or provided, by the Guarantor of the loan security in accordance with any Loan Security Document, turns out to be false or misleading in any material respect at the time when it was made or provided, either considered made or provided;
- With respect to any Guarantor of the loan security, there is any incident referred to in paragraphs 14.2-14.4 of this paragraph 14 (Failure cases);
- The Company considers the Client’s ability to fulfill its obligations under this Agreement necessary or desirable for its security, and some action or event is taken which, in the opinion of the Company, may have a material adverse effect on the Client’s ability;
- The Client does not inform the Company that you are the beneficial owner of more than one Account registered with the Company, and / or that the Client acts as a manager on behalf of any other client of the Company;
- The client benefits from delays in prices and places requests at outdated prices, makes OTC transactions at market prices and / or out of business hours, manipulates the system to make Transactions at contract prices not specified by the Company, and takes other actions constituting improper Transactions ; and / or
- Any Case of Default (regardless of the definition) applies to the Client under any other agreement between the parties.
15. EVIDENCE OF OBLIGATIONS
Rights to default
In the event of a Case of Default, the Company may exercise its rights in accordance with this clause, however, in the event of a Case of Default, specified in paragraph 14.2 or 14.3 of the definition of the Case of Default (each in case of bankruptcy "), automatic termination of this clause is applied.
Date of liquidation
In accordance with the following sub-clause, at any time after the occurrence of any Case of Default, the Company may, by notifying the Client, specify a date (“Liquidation Date”) for termination and liquidation of Transactions in accordance with this clause.
The date of occurrence of default in bankruptcy automatically means the date of liquidation, without the need for notification from the company, in which case the provisions of the following subclause apply.
Calculation of the amount of liquidation
Upon the occurrence of the liquidation date:
- none of the parties is obliged to make any further payments or deliveries on any Transactions that, in the absence of this item, would be subject to execution on the Liquidation Date or after the Liquidation Date, and such obligations are satisfied by payment (whether by payment, netting or otherwise) Liquidation amounts (as defined below);
- The Company (as of the Date of Liquidation or as soon as possible after it) will determine (if necessary by discounting) with respect to each Transaction the total value, loss or, as appropriate, profit, in each case expressed in the Base currency specified by the Company in writing, or in the absence of such an indication, in the official currency of the United States of America (and, if necessary, including any loss of profits, financing costs or, without duplication, costs, losses, or, depending on the circumstances, the profit resulting from termination, liquidation, receipt, execution or restoration of any hedge or related trading position), as a result of the termination, in accordance with this Agreement, of each payment or delivery that would otherwise have to be made under such a Transaction (subject to the execution of each preliminary conditions and taking into account, if necessary, market quotes published on the relevant stock exchange, or official settlement prices available on the day of calculation or immediately before it); and
- The company will consider each cost or loss indicated above as a positive amount and each profit determined in such a way as a negative amount, and add up all these amounts to get one net positive or negative amount expressed in the Base currency (“The amount of liquidation ").
If the Liquidation Amount determined in accordance with this clause is a positive amount, the Client must pay it to the Company, and if it is a negative amount, the Company must pay it to the Client. The Company will notify the Client about the Liquidation Amount and who should pay it immediately after calculating such amount.
In the event of termination and liquidation in accordance with this clause, the Company is also entitled, at its discretion, to terminate and liquidate, in accordance with the provisions of this clause, any other Transactions concluded between the parties and outstanding at that time.
The amount of the liquidation is paid in the Base currency before the close of the trading day on the Business Day after the termination of the termination or liquidation in accordance with this clause (converted in accordance with applicable law into any other currency, and you incur the cost of such conversion, and (if appropriate) they are deducted from payments due to the Client).
Any Liquidation Amount not paid on time will be treated as this unpaid amount and interest at an average rate at which overnight deposits in the currency of such payment are offered by large banks in the London interbank market as of 11:00 am (London time) (or , if such a rate is absent, at such a reasonable rate that the Company will choose) plus one percent (1%) per annum for each day of delay of such payment.
For any calculations under this Agreement, the Company may convert amounts expressed in any other currency into Base currency at the rate prevailing at the time of settlement, which the Company will reasonably choose.
If the date of liquidation has not come or has not been officially set, the Company will not be obliged to make any payments or execution of orders that the Company should have executed in the framework of any Transaction, if any failure has occurred or continued by the Client. an event that may become (over time, a notice, a decision, or a combination of the above) a Case of Default.
The rights of the Company in accordance with this clause shall supplement, and not limit or exclude, other rights that the Company may have (by agreement, by law or otherwise).
Application of offsetting liabilities to Transactions
This clause applies to each Transaction that was concluded between the parties or is not completed at the time of or after the entry into force of this Agreement.
This Agreement, the specific conditions applicable to each Transaction, concluded in accordance with this Agreement, and all amendments to any of them together constitute a single agreement between the parties. The Parties acknowledge that all Transactions concluded on or after the entry into force of this Agreement are concluded based on the fact that the Agreement and all relevant conditions constitute a single agreement between the parties.
16. RIGHTS FOR NOTFULING OBLIGATIONS
Breach of obligations
In the case of default or at any time after the Company has determined, in its sole discretion, that the Client has not fulfilled (or the Company reasonably believes that the Client cannot or will not in the future fulfill) any addition to the rights of the Company in accordance with clause 15 (Settlement of Obligations), the Company is entitled, without prior notice:
- instead of repaying the funds of the Client, an amount equivalent to the funds, credited to the Client's Account, pay the Client the current market value of such funds at the time of the exercise of this right by the Company;
- sell the Client’s investments held by the Company or at the disposal of any nominee holder or third party appointed in accordance with this Agreement, in each case at the Company's choice and / or on terms that the Company deems appropriate (without being liable for possible losses or prices) in order to realize funds sufficient to cover the amount due from the Client under this Agreement;
- close, replace or cancel any Transaction, buy, sell, borrow or loan, or enter into any other Transaction or take other actions or refrain from them at such a time or time and in the way that the Company deems necessary or appropriate in its sole discretion to cover , reduce or eliminate their losses or obligations under any Client’s contract, position or obligations: and / or
- cancel and / or invalidate any Transactions and profits or losses realized or unrealized, and / or close the Client Account (s) opened with the Company in accordance with this Agreement immediately and without prior notice.
17. PERMISSIBLE TERMINATION
Termination of the Agreement
Unless otherwise provided by Applicable Law, either party may terminate this Agreement (and the relationship between the parties) by giving the other party written notice of termination within ten (10) days. The Company may immediately terminate this Agreement if the Customer fails to comply with or fails to comply with any provision of this Agreement or in the event of insolvency on the part of the Customer.
Upon termination of this Agreement:
- all amounts that the Client must pay to the Company will be payable immediately, including (among other things):
- all outstanding fees, fees and commissions;
- any costs incurred as a result of the termination of this Agreement; and
- any losses and expenses arising from the closure of any Transactions or settlement, or completion of unliquidated obligations, incurred by the Company on behalf of the Client.
The Company will apply the execution rules at the best prices if the Client does not give the Company specific instructions on closing the Transactions.
The Company will return any funds remaining in the Client's Account to his bank account, namely, to the account from which the funds were debited. Client's funds can be returned to another bank account, the beneficiary of which he is, if the Client provides the Company with the necessary documents confirming that the account belongs to him.
Termination will not affect rights, obligations and Transactions outstanding at that time, which will continue to be governed by this Agreement and the specific provisions agreed between the parties in respect of such Transactions until all obligations are fully met.
18. EXCLUSIONS, LIMITATIONS AND REMEDIES
Neither the Company, nor its directors, officers, employees or agents shall be liable for any loss, damage, costs or expenses resulting from negligence, breach of contract, misrepresentation or for any other reason incurred by the Client due to of this Agreement (including any Transaction or the Company's refusal to enter into a proposed Transaction), unless such losses are reasonably forecasted as a consequence and do not occur directly due to the Company's negligence, willful non-compliance with pledge or fraud. In no event will the Company be liable for losses incurred by the Client or any third party for any direct or indirect damage, loss of profits, loss of business reputation or lost commercial opportunities arising from this Agreement due to negligence, breach of contract, misrepresentation or for some other reason.
Among other things, the Company assumes no responsibility for the adverse tax consequences of any Transaction.
Changes in contract prices
Market inquiries are made at the proposed / requested prices offered through the Company. Pending requests (stop loss, limit (take profit), limit entry (buy or sell), stop entry (buy or sell)) are performed at the price requested by the Client and offered through the Company. The Company reserves the right, at its sole discretion, not to fulfill the request, change the quote price of the Transaction, offer the Customer a new quote in the event of a technical failure of the platform or in case of emergency or abnormal fluctuations in the contract price. If the Company offers the Customer a new price, the Customer has the right to either accept it or refuse it, and thereby cancel the Transaction.
Among other things, the Company assumes no liability in connection with any delay or change in price terms until the execution of any particular Transaction.
The Company shall not be liable to the Client for the partial fulfillment or non-fulfillment of its obligations under this Agreement for any reason beyond the control of the Company, including, without limitation, any damage, delay, malfunction or failure in transmission, communication or computer equipment, production conflict, terrorist act, natural disasters, acts and regulations of any governmental or supranational authorities or authorities, or failure to fulfill obligations, for any reason, by an appropriate mediator or an agent, agent or principal of a depositary, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulating organization. Nothing in this Agreement shall exclude or limit any obligations of the Company and liability under the Applicable Law, which cannot be excluded or limited in accordance with this Agreement.
Responsibility for requests
The Client is responsible for all requests received, on behalf of the Client through the Electronic Service, and the Client is also solely responsible to the Company for settling any Transaction resulting from this.
The exhaustive nature of the Agreement
The Client acknowledges that he has entered into this Agreement without relying on information other than that which is expressly stated in this Agreement, and not being convinced by such information. The Company shall not be liable to the Client (on the basis of fairness, contractual or non-contractual) for information not specified in this Agreement and not issued by official representatives of the Company.
The Client must pay the Company amounts that the Company may periodically request during or in order to settle the debit balance on any of the Client's Accounts opened with the Company and fully compensate for losses, liabilities, costs and expenses (including legal fees) , taxes, fees and charges, which the Company may incur or under which the Company may fall under any of the Client's Accounts or with any Transaction, or as a result of providing incorrect data or violation by the Client of its obligation STV under this Agreement (including any Transaction), or as a result of the exercise of the rights of both parties.
19. OTHER PROVISIONS
The company has the right to amend the terms of this Agreement. If the Company makes any significant changes to this Agreement, the Company will notify the Customer at least one (1) day prior to this via the website. Such amendment will enter into force on the date specified in the notice. Unless the notice indicates otherwise, the amendment will not affect the failed request or Transaction, or any legal rights or obligations that may have occurred by that time.
Unless otherwise agreed, all notices, instructions and other messages that the Company must transmit in accordance with this Agreement will be sent to the email address or fax number provided to the Company from the Client. Similarly, all notices, instructions and other messages that the Customer must transmit in accordance with this Agreement will be sent to the company in writing to the address below:
E-mail address: .
The client must notify Copy of the change of email address in order to receive notifications, instructions and other messages immediately.
Subject to compliance with Applicable Laws, any communication between the parties using electronic systems and any communication through the Company's website and / or Electronic Services will be binding, as if they were in writing. Requests or orders sent to the Client by e-mail or other electronic means will be a confirmation of the requests or instructions made.
The company can record telephone conversations without using a warning tone to ensure timely and accurate recording of the material terms of the Transaction and other relevant information. Such records will be the property of the Company and will be accepted by the Client as confirmation of the requests and instructions made.
The Company's records, unless proven incorrect, will confirm the relationship between the parties in connection with the services provided by the Company. The client will not object to the recognition of the authenticity of the records registered by the Company, which will be evidence in any legal proceedings, referring to the fact that such records are not originals, not executed in writing and are not computer-generated documents. The Client will not rely on the Company to fulfill its record keeping obligations, although records may be provided to the Client upon request, at the discretion of the Company.
The client agrees to keep proper records in accordance with the Applicable Law in order to visually show the nature of the requests made and the time when they were posted. The client can access his reports at any time through the company's online platform.
The company is required to introduce internal procedures for fair and prompt handling of complaints. The client may file a complaint, for example, by letter, by telephone, by e-mail or in person. The Company will send the Client a written confirmation of his complaint immediately after receiving it, indicating the details of the Company's complaints handling procedures. If the Client wants to receive more detailed information on the complaint handling procedures, he should contact the Company.
Rights of third parties
This Agreement is in the interests of, and is binding on the parties and, accordingly, the legal successors and authorized agents of both parties. The Client is not entitled to assign, assign or otherwise transfer or plan to assign, authorize or otherwise transfer his rights and obligations under this Agreement or any interests in this Agreement without the prior written consent of the Company, and any planned appointment, assignment or transfer in violation of this clause will be invalid. The Client agrees that the Company may, without prior notice, subject to Applicable Law, transfer any funds that the Company deems appropriate, all or any of some rights, benefits, obligations, risks and / or interests under this Agreement to any person who may conclude an agreement with the Company in connection with such a transfer, and the Client agrees that the Company may transfer to such a person all the available information about the Client.
Term as essential condition
The timing will be material in relation to all of the Client’s obligations under this Agreement (including any Transaction).
Rights and remedies
The rights and remedies provided for in this Agreement accumulate and do not exclude the rights and remedies provided by law. The Company shall not be liable for the exercise of any right or remedy either in general or in a manner or within a time favorable to the Client. Failure or delay in the exercise by the Company of any rights under this Agreement (including any Transaction) or on other grounds does not act as a waiver of these or other rights and remedies. No single or partial exercise of any right or remedy prevents the further exercise of this or other right or remedy.
Among other rights, the Company may, at any time and without notifying the Client, set off any amount (actual or conditional, present or future) that the Client owes to the Company, against any amount (actual or conditional, present or future) that the Company owes to the Client. For these purposes, the Company may attribute the commercially acceptable value to any amount that is conditional or which for some other reason is not fixed.
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect in accordance with the laws of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement, nor the validity of the provision in accordance with the law of any other jurisdiction will not be in any way affected or damaged.
20. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of Saint Vincent and the Grenadines.
Each of the parties unconditionally:
The Client agrees in favor of the Company that the courts of Saint Vincent and the Grenadines will be authorized to settle any litigation, lawsuit, or other legal proceedings in connection with this Agreement (“Procedural actions”), and unconditionally submit to such jurisdiction the courts (provided that this does not prevent the Company from taking legal action in the courts of any other jurisdiction); and
disclaims any objections that it may have at any time regarding the indication of the territorial jurisdiction of any Procedural Actions, and agrees not to file a claim that such Procedural Actions were instituted in a court not entitled to exercise them, or that such a court has no jurisdiction.
Waiver of immunity and consent to performance
The client unconditionally refuses, to the maximum extent permitted by applicable law, with respect to himself and his income and assets (regardless of their use or intended use), from any immunity, on the basis of sovereignty or on other similar grounds relating to litigation, jurisdiction any courts, remedies by means of an injunction, orders for the actual performance of obligations or for the recovery of property, binding assets (before or after the judicial decisions), and the enforcement or enforcement of any court decision to which the Client or his income or assets may otherwise be entitled to in any Procedural Act in the courts of any jurisdiction, and unconditionally agrees that the Client will not claim immunity whatever Neither was procedural action. The Client generally agrees with respect to any Procedural Actions to provide legal protection or initiation of prosecution in connection with such Procedural Actions, including, without limitation, the adoption, execution or enforcement of any judicial decision or decision in respect of any property (regardless from its use or intended use), which can be made in the framework of such Procedural Actions.
Transfer of procedural documents
If the Client is located outside of St. Vincent and the Grenadines, the procedural documents in connection with which the Procedural actions began may be transmitted by sending to the address specified by the Client for this purpose. This does not affect the Company's right to transfer procedural documents in any other way permitted by law.