Terms and conditions of the Client Agreement:
This agreement is signed between the company Bitnex (Firm, Company) on the one hand, and the Client who submitted the Application Form for creating an account and accepted by the Company in the role of the Client (“Client”, “You” or “Your”), on the other hand.
This Client Agreement, which contains Annex 1, which is subject to change, includes the requirements, based on which the Firm provides the Services to the Client and clarifies the relationship. By submitting an application to the Company for opening a Trading Account, the Client accepts the terms and conditions of this Agreement. When applying for the creation of a Trading Account, the Client agrees to all the circumstances of a specific Agreement.
The Client is obliged to read all the clauses of the Agreement.
Your registration as a user of the Trading Platform means that you agree to all the terms of the agreement.
If the words "You" or "Our" are used, it means the Client - the Company that has received permission to use the Trading Platform or any guest of our site. If you find the use of the Software for the use of a trade demonstration, then you must comply with the terms of this document. If you download the Software, you agree to be bound by all terms and conditions of the documentation, even if you are not a Customer.
1.1. In this Agreement:
“Account Details” is a login and password that you choose yourself to access the Trading Platform.
Any person who is directly or indirectly related to or controlled by the Company, or any other person who is directly or indirectly supervised by the Company. "Control" means the management of the affairs of the Company or a person.
This "Client Agreement", as well as any various Applications that may be used on the Company Website.
You or any of your partners, representatives or executives is an "Authorized Person".
“Applicable Rules” are the rules of the supervisory authority that have some authority over the Company; (b) the rules of the applicable market; (c) various applicable laws, rules and regulations of the European Union.
“Base Currency” means the cryptocurrency of the Currency Pair against which the Client is buying or selling a cryptocurrency.
A "Business Day" is any day other than Saturday, Sunday, 25 December, 1 January and various holidays in the United Kingdom of Great Britain and Northern Ireland.
"Purchase" means a Transaction that is opened as a result of an offer to purchase a certain number of Underlying Assets.
Closing at a Loss is defined as an offer to close a Transaction in a position at a price you pre-set. When buying, this price is lower than the opening price of a Transaction, when selling, it is higher than the opening price of a Transaction.
"Closing at Profit" means an offer to close a Transaction at a price you predetermine. When buying, this price is higher than the opening price of a Transaction, when selling, it is lower than the opening price of a Transaction.
“Contract for Difference” means a Financial Instrument, which is a contract between a “buyer” and a “seller”, the seller is required to provide payment to the buyer, the difference between the current price of the Underlying Asset and its price in the future; if this difference is negative, then the buyer, on the contrary, pays the seller.
"Currency Pair" means the object or Underlying Asset of a contract that involves a change in the price of one currency against another. A currency pair has a quote and a base currency, and also determines how much Quote currency is needed to buy one unit of the Base currency.
The "Case of Failure" is described in paragraph 27.1
"Difference" means the difference in price between acquiring a Transaction and closing it.
"Effective Date" means the date on which you downloaded a copy of the Trading Platform.
The mechanical online trading system required to automate the operation of an electronic trading platform such as the Company's Trading Platform is referred to as an "Expert Advisor". The system can be programmed to send messages to the Client about trading opportunities or to work on the Trading Account.
"Expiry Date" means the date defined in the Trading Platform in relation to the Underlying Asset, on which any open Transaction for this asset mechanically ends the transaction.
“Financial Data” means any financial and market data, news, quotes, analyst opinions, reports, signals, charts and other information available through the Trading Platform.
“Financial Institution” means banks, financial institutions, brokerage houses and other trading institutions.
"Financial Instrument" means the Company's Financial Instruments traded on the Company's Marketplace, and full details of which can be found on the Company's Website.
“Force Majeure” is defined in paragraph 17.1.
“FATCA” means the US Federal Foreign Account Taxation Act.
The "Initial Margin" is defined as the minimum amount of money that must be in the Trading Account in order to acquire a Transaction, as specified on the Trading Platform from time to time for each Underlying Asset.
"Intellectual Property Rights" means patents, trademarks, service marks, logos, designs, trade names, internet domain names, design rights, copyrights, database rights, integrated circuit layout rights , design rights, know-how rights and all other intellectual property rights, registered or unregistered, including applications for registration, as well as any other form of protection and equivalent measures anywhere in the world.
“Recommender” is defined in paragraph 39.1
"Investment Services" means the Company's Investment Services, as detailed on the Website.
A "long position" in trading involves buying a position that becomes more expensive as the underlying market price increases. For example, in Currency Pairs, this would be buying the Base Currency against the Quote Currency.
"Restrictive Order" is defined in paragraph 2.4 of Schedule 1.
"Maintenance Margin" means the minimum amount of money that is held in your Trading Account by relying on the Trading Platform to support an open Transaction in the Trading Platform.
“Manifest Error” means any error that is considered obvious and unavoidable for certain reasons, including, but not limited to, offers to execute Transactions with too large volumes of Underlying Assets, with clearly incorrect market prices or prices with a clear loss .
“Margin” means Initial Margin and Maintenance Margin.
"Sale" means a transaction that is opened by offering a certain number of underlying assets for sale.
"Services" means services according to paragraph 8.1.
"Scalping" refers to the circumstance in which the Client has opened an excessive number of positions at the same time and closed them before five minutes later, or bought at the Bid Price and sold at the Ask Price in order to get the difference.
"Slippage" means the difference between the expected price of a Transaction and the actual price of the product of a Transaction. By the time the Order is executed, the price requested by the Client may be closed; thus, the order execution price will differ by several basis points from the one requested by the Client. If the execution price is better than the price, the Client is said to have positive slippage. If the execution price is worse than the price requested by the Client, it is referred to as negative slippage. Slippage most often occurs during times of high volatility (e.g. due to news), making it unfeasible execution of an Order at a given price when using market orders, as well as when placing large Orders and incomplete interest at the current price level to hold the agreement price.
"Software" means the software that is issued by us and is required to be downloaded in order to use the Trading Platform.
The "Spread" in trading is the difference between the Asking Price and the Buying Price of the Underlying Asset at a time.
"Swap or rollover" in trading means the percentage for saving a position opened overnight.
"Strike Price" means the price at which the holder can buy (call) or sell (put) the Underlying Asset.
"Trading Account" means the Client's exclusive personal account, consisting of all of the Client's Open Positions and Orders, the Client's balance of funds, and Client's deposit and withdrawal transactions.
"Trading Platform" means the electronic mechanism operated and maintained by the Company. It includes from the trading platform, computer devices, software, databases, telecommunications equipment, programs and technical means that guarantee the trading activity of the Client through the Trading Account.
"Trailing Stop" refers to a stop loss order set at a given percentage below the market price for a Long position. The price of the trailing stop depends on price fluctuations. A trailing stop sell order places a stop price within itself a certain amount below the market price with a trailing value attached.
"Third Party License" means a third party license relating to the software embedded in or applicable to the Trading Platform.
“Exchange Session” means the trading time specified in the Trading Platform for any Underlying Asset.
"Transaction" means the opening or closing of an order to buy or sell an Underlying Asset in the Trading Platform by the Company or the Client.
"Underlying Asset" means an object or underlying asset. It can be a Currency pair (currency and cryptocurrency). The list of currency pairs is changing.
“Underlying Market” means the relevant market in which the Underlying Asset is traded. This could be a cryptocurrency exchange, a clearing house, a self-regulatory organization, a multilateral trade organization, or any other system for trading Financial Instruments or Underlying Assets.
See paragraph 34.4 for "written notice".
1.2. Any reference to an action, rule or Act must take into account all modifications, additions, consolidations, re-enactments or replacements, all forecasts, directives, statutes, regulations and orders.
Licensing and use of the Trading Platform.
2.1. The trading platform is not intended for distribution or use by any person who:
(a) under the age of 18, lacks legal capacity and/or is not of sound mind;
(b) The trading platform and any other service we provide is not available to residents of countries where trading cryptocurrencies and similar services violate local laws and regulations. It is your responsibility to know and comply with all local laws and regulations in the jurisdiction in which you live;
(c) is a citizen or resident of the United States of America or Canada because the Firm does not provide services to residents of those countries;
2.2. We reserve the right, on reasonable grounds, to suspend and/or deny access to and use of the Trading Platform by any person in our sole discretion.
2.3. You understand that we provide the Trading Platform to various parties and agree that nothing in this Agreement shall be construed as an obstacle to the provision of these services.
2.4. Subject to the terms and conditions of this Agreement, we grant you a personal, limited, non-exclusive, revocable, non-transferable, non-assignable right to regulate and use the Trading Platform in object code only, for personal use only, for the benefit of relying on the terms of this Agreement.< /strong>
2.5. If the Trading Platform contains any third party software, then it must adhere to the terms of this Agreement that apply to the Trading Platform. You agree to be bound by the terms of all Third Party Licenses. We do not provide any guarantees for licenses, compensation or support, and we are not responsible for them.
2.6. We hold all rights to the Trading Platform. They are not transferred in this Agreement. The trading platform is given to you for use, not bought. The Trading Platform, all its copies and derivatives, intangible assets associated with it, copyrights, trademarks, logos, know-how, patents and other intellectual property rights are and will be the sole property of the Company or its licensors.
2.7. You give your word to take all reasonable steps to:
(a) purchases and savings in working order throughout the term of this Agreement and at its own expense of equipment, operating environment (including operating system software), redundancy and infrastructure to install, operate and support the Trading Platform .
(b) elimination of any virus infection, security breaches and other events leading to the breakdown of the Trading Platform as a result of your manipulation or inaction;
(c) providing your computer with the necessary protection against unauthorized access, virus infection and other dangerous attacks.
2.8. If you encounter problems with the Trading Platform or wish to suggest changes, improvements or design changes, please let us know in writing. We may, but are not obligated to, make any changes to the Trading Platform based on your recommendations. Any modifications based on your suggestions remain the sole property of the Company.
2.9. We give the opportunity to use the Trading Platform with sufficient knowledge and skills.
2.10. Sometimes, at our sole discretion, we have the right to add, change or remove any fragments of the Trading Platform without complying with the clauses of this Agreement.
2.11. We have the right to close the Trading Platform for technical work without notifying the Client, however, this will only be done on weekends. During maintenance, the Trading Platform will be unavailable.
2.12. We make no express or implied categorical warranties regarding:
(a) that the Trading Platform will be operational at all times, at any time or on an ongoing basis;
(b) the operation, quality and functionality of the Trading Platform;
(c) that the Trading Platform is free of errors and defects;
(d) that the Trading Platform is free from viruses and any other dissemination, including those that lead to the loss or corruption of data and various possessions. We are not responsible for any loss of information or replacement of hardware or software resulting from the use of the Trading Platform.
The Firm notifies that its warranties do not cover cases of malicious interference by third parties, as well as unreasonable work of persons not under the direct control of the Company.
(a) has the right to use the Trading Platform only when you are authorized;
(b) may not use the Trading Platform for any purpose other than as specified in this Agreement;
(c) are responsible for the use of the Trading Platform (including Account Details).
2.14. You won't:
(a) use the Trading Platform for illegal or improper purposes;
(b) attempt to interfere with the correct operation of our software, hardware, systems, and networks, including (but not limited to) ignorant or negligent file transfers that could damage, destroy, or limit the functionality of any computer software or hardware , systems and networks.
(c) make efforts to gain access to our computer systems or the computer systems of any other users and any parts of the Trading Platform to which you do not have the right to access, reverse engineer or in any other way disregard the security measures implemented by the Company to the Trading Platform;
(d) attempt to take any action that may disrupt or impair the operation of the Trading Platform to other users;
(e) distribute any false, illegal, offensive, libelous, derogatory, hostile, racist, threatening, dangerous, vulgar, obscene, inflammatory or any other objectionable material in any form;
(f) carry out any commercial participation based on the Trading Platform;
(g) knowingly or recklessly upload or download files that may contain software or other material protected by copyright, trademarks, patents or other intellectual property rights. The only exception is if you own such rights.
(h) falsify the basis of any content and material;
(i) apply various artificial intelligence-based software to the Company's systems and/or the Trading Platform;
(j) monitor, intercept, damage or alter any communications not intended for you;
(k) the use of various types of spiders, viruses, worms, trojans, time bombs and other codes and instructions designed to distort, delete, damage or disassemble the Trading Platform or the Company's communications and any other system;
(l) send unsolicited commercial correspondence prohibited by law or Applicable Regulations;
(m) do nothing that may disrupt the integrity of the Company's or the Trading Platform's computer systems, cause a malfunction in these systems or stop their operation;
(n) do nothing that could provide improper or unauthorized access to or use of the Platform;
(o) enter the Trading Platform without a legal basis and execute an order to buy or sell a Financial Instrument from a location or IP address where it is not permitted by law.
2.15. You may not download, save or copy the Trading Platform.
2.16. If we have reason to suspect you of violating paragraphs 2.13 to 2.15, we are fully entitled to take countermeasures from paragraph 27.2.
2.17. We can and have every right to suspend or block access to the Trading Platform without relying on time.
Account details and security
3.1. When we accept you as our Client, a Trading Account will be opened in your name, through which you may post Orders on our Trading Platform. You have read and agree that the Firm issues different types of Trading Accounts with different Margin Terms and Conditions.
3.2. In order to gain access to the Trading Account, you need to enter Account Details, which are issued by the Company. They are confidential and will only be used by you.
(a) are responsible for maintaining the confidentiality of your Account Details and for ensuring that they are not used by anyone other than you;
(b) In the event that you become aware that your Account Details have become compromised in any form or any third party may gain access to the Trading Platform;
(c) agree that we are under no obligation to establish the authority of any person entering your Account Number or Account Details. The use of your Account Details by any third party is expressly prohibited.
3.4. If we notice that security measures have been violated, we may rightfully require you to change your Account Details or suspend your access to the Trading Platform. We reserve the right to change Account Details, provide you with new Account Details, and ask you to change your Account Details at any time.
3.5. You must be fully convinced that you are the sole owner of access to your Account Details and no other person, including but not limited to a minor, has access to the Trading Platform through your Account Details. You agree that you are personally and fully responsible for all transactions in the Trading Platform implemented using your Registration Data, including various unauthorized exposure of your Account Details.
3.6. You agree to immediately notify us first orally and in writing of cases of loss, theft or use of any part of your Registration Data, including Account Details, by any person other than you, known to you. We will take steps to eliminate the subsequent use of such Account Details and create other Account Details.
You will not be able to post Orders until you receive new Account Details.
3.7. If we believe that your Account Details have been obtained in an unauthorized manner by a third party, we may, at our sole discretion, close your Client Account without any liability to you.
3.8. You understand and agree that we are not responsible in the event that a third party obtains unauthorized access to your data, including email addresses, electronic communications, personal data and Account Details, when they are transferred between the parties using the Internet or other network communications, by mail, telephone and other devices.
3.9. You promise to indemnify and defend us from any harm and ultimately any claims, procedures, losses or damages arising from any use or misuse of the Trading Platform, as well as unauthorized access to it, using your Account Details. p>
4.1 You agree that all Intellectual Property Rights in the Trading Platform are owned by us or our licensors.
4.2. You won't:
(a) record, edit, copy, modify or translate the Trading Platform and its various parts. This includes deletion, editing and any other interference (including attempts to do so) in any names, signs, logos and brands of the Trading Platform;
(b) reverse engineer, disassemble and otherwise attempt to acquire the source code of the Trading Platform in whole or in part, except as permitted by law;
(c) damage or infringe in any way our Intellectual Property Rights, but take all reasonable steps to protect our Intellectual Property Rights from infringement by third parties.
4.3. The Trading Platform, all its copies and derivatives (whoever created them) and the intangible assets associated with it and the Intellectual Property Rights in the Trading Platform are the sole property of us and our licensors. The exception is the right given in paragraph 2.2, no rights and no interest in any intangible assets and Intellectual Property Rights to the Trading Platform and its various parts are transferred to you.
4.4. Unless otherwise stated in this Agreement, you will not:
(a) reassign, sublicense, transfer, pledge, lease, distribute or make available to the public the Trading Platform and any rights thereto under this Client Agreement;
(b) distribute any part of the Trading Platform or use each of its components separately in any equipment, machine, device or system;
(c) decompile, disassemble, reverse compile or reverse engineer, create derivative works or copies (except for one copy solely for backup and archival purposes) of the Trading Platform and any parts thereof;
(d) remove or destroy any proprietary markings and signatures placed on or within the Trading Platform;
(e) produce means for unauthorized access to the Third Party Trading Platform;
(f) seeks by any means to change or open any source code, ideas, algorithms, file formats, programs and interfaces that are the basis of the Trading Platform;
(g) share ownership or service bureaus or allow third parties to benefit from the Trading Platform in various ways;
(h) evade various technical limitations of the Trading Platform and use all sorts of tools to create features and functions that are not available in the Trading Platform;
(i) apply similar methods and functions to form competitive advantages and functions in the Trading Platform;
(j) use the Trading Platform or other Financial Data to perform a variety of fraudulent, misconduct and illegal activities, including, but not limited to, falsifying an identity;
(k) allow all of the above to third parties.
(l) No withdrawal is possible until the minimum amount of $200 is fixed.
Application and Registration data.
5.1. In order to accept and use the Trading Platform and our Services, you must register with us by attaching personal details, including identification. By submitting an Account Application Form with the necessary identification documents and Registration Data required for our internal checks, you will receive a message from us stating whether you are accepted as a Client of the Company. You acknowledge that we are not required (and in some cases may not be subject to Applicable Regulations) to accept any person as our Client until all required documentation has been provided, properly completed by that person, and all Company internal audits have been satisfactorily completed. We have the right to perform other due diligence checks on Clients from certain countries.
5.2. You take responsibility:
(a) notify us of any modifications to your personal and financial information and/or financial instructions by email;
(b) provide true, accurate, current and complete Registration Data as required by the registration process;
(c) maintain and promptly update the Registration Data, keeping it accurate, current and complete, and notifying us of any modifications by email;
(d) log out of your account on the Website at the end of each session;
(e) Periodic credit checks and any other checks will be made. Your Registration Data may be used to prevent money laundering. You grant us the right to use your Registration Data and other information;
5.3. If you enter the Trading Platform with your Account Details, you automatically authorize us to apply all information and instructions in all transactions using your Registration Data. We are not responsible for the transfer of inaccurate or not received by us data, and we can execute any Transaction on the terms and conditions accepted by us.
6.1. Some of your Registration Data allows us to evaluate whether the Services or Financial Instruments are suitable for you based on the Regulatory Authority Rules.
6.2. We have no right to use the information you provide, unless there is nothing to indicate that the information is clearly outdated, inaccurate or incomplete. We will not be responsible for the information you provide, and we have every right to evaluate your suitability based on the information you provide.
6.3. We will evaluate your knowledge and experience based on the information you provide, and only then make a decision on its suitability. If we see that the Service or Financial Instruments do not meet your level of experience and/or knowledge, we will notify you that we cannot create a Trading Account for you.
6.4. If you choose not to share the required information for purposes of suitability, or if the information is found to be unsuitable, we will not be able to assess the suitability of the Service and the Financial Instruments. In this case, we will be forced to refuse to open a Trading Account for you.
6.5. In the event that you make a request to complete your registration or any Transaction despite being notified, we reserve the right to refuse to complete your registration or Transaction. These conclusions will be accepted by us taking into account all situations.
7.1. We will treat you as a Retail Customer for the purposes of the rules and applicable regulations. However, if you make a request for a different category and the Firm agrees to it, you agree that the protections under applicable regulations may be different.
7.2. You agree that we have the right to review the Client's Categorization and change your Categorization if necessary. You agree that, in categorizing and interacting with you, the Firm will rely on the clarity of the information provided by you on the Account Application Form and Financial Suitability Questionnaire. You promise to notify us in writing immediately and at all times if you change this information.
17.2. If we decide that a Force Majeure Event has occurred, we may, at our sole discretion, at any time and without notice, take the following steps:
(a) change your Margin Factors, eventually requiring you to provide additional Margin;
(b) close any of your open Transactions at a closing price to be determined on adequate explanations;
(c) terminate or modify the Agreement, in whole or in part, in such a way that, in the event of a Force Majeure Event, the loss to all parties is reasonable;
(d) change the Exchange session time for the corresponding Transaction.
17.3. You agree that in the event of a Force Majeure Event, we have absolutely no liability to you or others for our decisions under paragraph 17.2 if we decide to invoke them. The Parties will be released from all liability for partial or complete failure to fulfill obligations under this Agreement, as well as for their incorrect fulfillment, if this was the end result of a Force Majeure event that occurred after the conclusion of the Client Agreement.
Margin Conditions and Margin Requirements.
18.1. In order to trigger a Transaction on an Underlying Asset, you undertake to issue Initial Margin in your Trading Account. In order to keep the Transaction public, you promise to ensure that the balance of funds in your Trading Account is greater than the Maintenance Margin. You promise that for any Underlying Asset the Margin will stand out and may be adjusted by us from time to time in our sole discretion. Funding of the Trading Account may be carried out by bank transfer or otherwise to a bank account or other location according to our communications, which we may occasionally provide. Based on the amount of funds on your Trading Account, we have the right to put frames in & nbsp; the amount and total number of public Transactions that you are authorized to open or maintain on the Trading Account. You acknowledge that different types of Trading Accounts offered by us from time to time may have different Margin Conditions.
18.2. You warrant that you understand the beliefs of calculating the Margin Terms.
18.3. Excluding Force Majeure situations, the Firm has the right to change the Margin Conditions sent to the Client five Business Days prior notice. New Margin Factors will be applied to new positions. In a Force Majeure situation, the Firm has the right to change the Margin Conditions without notifying the Client. In this situation, the Firm has the right to use new Margin conditions for new or already public positions. All changes will take effect on the Platform and/or the Website, and the Client has an obligation to follow the updates. He undertakes to constantly monitor the amount of funds on his Trading Account, so that he is consistent with the Margin requirements based on the terms of this Agreement and, if necessary, other margin requirements.
18.4. You understand that we may, in our sole discretion, ask you to decide certain actions in your Trading Account that are related to Margin Requirements. The margin requirement may be based on a number of reasons, including but not limited to trading volume, trading history, your overall standing, your account size, number of open Transactions, and market conditions.
18.5. The Firm is under no obligation to provide the Client with Margin Requirements, however if it does so or if the Trading Platform warns the Client to acquire the appropriate Margin Percentage Threshold in the Trading Account, the Client is required to take any of the following three actions to resolve the issue:
(a) close or eliminate your trades;
(b) insure your positions (open counter positions with respect to those currently open);
(c) transfer more funds to the Trading Account.
18.6. Failure to meet the Margin Conditions within an unlimited period of time or failure to make a Margin Payment by the stated deadline may result in your open positions being closed immediately without notice.
18.7. Margin has an obligation to be issued in cash in the Client Account Currency.
18.8. The Client promises not to create or have collateral debts that increase the Margin transferred to the Company, nor to consent to the transfer of such debt.
18.9. If you hold more than one Trading Account with us, then each Trading Account is handled entirely on its own. As a result, no credit in the Trading Account (including the funds that are placed for margin) does not release from obligations in every other Trading Account. You must ensure that any
The trading account has a required margin level.
Payments and withdrawals on the Trading Account.
19.1. After the end of the Transaction in accordance with the provisions of this Agreement on the applicable adjustments of the shares, the rules apply:
(a) you agree to pay the Difference if the Transaction takes place:
(i) sell and the closing price of the Transaction is higher than the opening price;
(ii) a buy and the closing price of the Transaction is lower than the opening price.
(b) you will be compensated for the Difference if the Transaction takes place:
(i) a sell and the closing price of the Transaction is lower than the opening price;
(ii) a buy and the closing price of the Transaction is higher than the opening price.
19.2. Unless otherwise discussed, all amounts that you have an obligation to pay under the terms of paragraph 19.1 shall be paid immediately at the closing price of your Transaction as determined by us.
19.3. You authorize us to automatically withdraw from your Trading Account the amounts that you have agreed to pay under paragraph 19.1 after the closing of the Transaction, as well as any other amounts that you owe us under this Agreement, without notice.
19.4. Less the amounts you owe us under this Agreement and the Maintenance Margin required in your Trading Account under this Agreement in respect of public Transactions, all money due to your Trading Account will be returned to you upon request. In the absence of such a request, we will return this money to you based on paragraph 20 of this Client Agreement.
19.5. You promise to pay all taxes and duties in all completed Transactions. You alone have the obligation to calculate and pay taxes applicable to you in your country of residence arising from your trading activity on the Trading Platform.
19.6. The firm will retain these amounts at source on any payments made to you if required by law or tax authorities.
19.7. In relation to transactions carried out on the Trading Platform, there will be other costs, including taxes, which you undertake to bear not through us and not by virtue of obligations to us. You agree that we may withhold such tax from your activities on the Trading Platform if necessary to comply with the law. You agree that we have the right to deduct any tax charges from your Trading Account and authorize the withdrawal of the relevant amounts from your Trading Account for payment of taxes. You will not make any claims against us. You agree that such charges will not void our right to make Margin Calls on you under this Agreement.
19.8. You undertake to bear all postage in relation to this Agreement and any documentation that may be necessary for Transactions.
19.9. Subject to the terms of this Agreement, the Difference shall be the only payment payable for the use of the Trading Platform. However, we may charge additional fees and charges in subsequent situations, by notifying you in advance. The Firm changes the amount of commissions from time to time. In case of any changes, the Firm in advance, before they come into force, will send the Client a Written message with information about them. The effective date of the change will be the date specified by the Company in the notice to the Client.
19.10. In the event that your country of residence enacts regulations or laws that may restrict the circulation of a currency or require you to report the receipt and transfer of that currency to a supervisory agency or any governmental authority, you agree that you will abide by all rules on reporting and obtain all permissions that may arise from the Trading Platform and Transactions.
19.11. If we need to pay or receive any payment for representing a Client, we will let you know about it..
Deposit and withdrawal of funds.
20.1. The Trading Account starts working after the Client places the Initial Margin in relation to the type of the Client Account. Its size is determined by the Firm periodically by its own decision.
20.2. The Client has the right to deposit funds in the Trading Account at any time during the validity of this Agreement. Funds are placed by bank transfer. The Firm does not choose to accept third-party and anonymous transfers in the Client Account. Unless otherwise agreed, Margin replenishment and any other types of deposits must be in the currency of the Trading Account as required by your country of origin, which is indicated in your address and in the Trading Platform. We do not intend to make any currency transfers of your credit balance or funds you have deposited in the Account, and you promise not to make such requests.
20.3. The Firm may, at any time, request from the Client any documentation that provides evidence of the source of funds held in the Client Account. The Firm may reject the replenishment of the Client if it is not completely satisfied with the law of the appearance of these funds.
20.4. If the Client transfers funds, the Firm will deposit them into the specified Trading Account in the corresponding amount that it has acquired within one Business Day after verifying the clearing on the Company's bank account.
20.5. Money sent by you may not be sent to the Trading Account, in such a situation the Client may notify the Company and ask it to perform a bank verification of the payment. The Client agrees that any costs of such an investigation may be withdrawn from his Trading Account or directly paid to the bank conducting the investigation. The Client is aware that in order to carry out the investigation, the Client undertakes to provide the Company with the documents and certificates that it requires.
20.6. The withdrawal of the Client's funds is made by the Company only after extracting a specific request from the Client, taking into account the method adopted by the Company.
20.7. After the Company receives instructions from the Client to withdraw currency from the Client Account, the Firm will pay a certain amount within five (5) Business Days, subject to the following conditions:
(a) the withdrawal instruction contains all the required information in the Personal Zone;
(b) the instruction directs the transfer to the original account (be it a bank account, payment system account, etc.) from which the funds were originally received to the Trading Account, or, at the request of the Client, to the bank account owned by the Client account;
(c) the target account for the transfer is owned by the Client;
(d) for the payment period, the Client's balance exceeds the balance indicated in the withdrawal instructions, taking into account all payment fees;
(e) the Company's withdrawal is not prevented by a Force Majeure event;
(f) The Client undertakes to be fully verified based on the Verification instructions written on the Website.
20.8. The parties agree that the withdrawal is made only for the Client. The firm does not intend to withdraw funds to any third party or to an anonymous account.
20.9. We withdraw your money in the way that we consider reasonable in our personal decision. The Firm has the right to refuse the Client to withdraw in a certain way, while the Firm has the right to offer a better method.
20.10. Transfers and commissions are paid by the Client, in particular for third party transfers. The Firm withdraws these amounts from the Client.
20.11. Withdrawal fees may change from time to time depending on the type of the Client's Trading Account. The relevant fees are published on the Company's Website.
20.12. The errors of the Company when withdrawing funds are compensated to the Client. The Parties are aware that if the Client himself gave erroneous withdrawal instructions, the Firm may not be able to correct the error and the Client may suffer a loss.
20.13. We may request a refund from you if we receive a refund from any credit card issuer or any payment method operator. We may reimburse such return by deducting funds from your Trading Account, from your bank card or by any other legal means. Any bank charges due to this will be held in your Trading Account.
Client money handling rules
21.1. The Firm shall immediately transfer the Client's proceeds to one or more separate accounts with reasonable financial institutions. The Client's funds are kept separate from the Company's own money and can be used in its business.
21.2. The Firm has the right to keep the funds of the Client and other clients in one account (omnibus account).
21.3. The Firm does not intend to give an account to the Client for income or interest received from the Client's money (other than income that was received in trading on Transactions from his Trading Account(s) under this Agreement), and the client waives all rights to such interest .
21.4. The Firm has the right to place the Client's funds on one-day deposits with the right to save all interest.
21.5. The Firm has the right to leave the Client's funds with a third party (financial institution, market, settlement agent, clearing house, or OTC counterparty) that may collateral, lien or write off these funds.
21.6. The Client's money may be held on behalf of the Client in a settlement agent, intermediate broker, bank, market, clearing house or OTC counterparty account located outside the European Economic Area.
21.7. The third party to whom the Client transfers funds has the ability to store them in an omnibus account, where it can be very difficult to separate them from the money of the Client or this third party. In a situation where there is an insolvency or other similar history with respect to this third party, the Firm can only bring an unsecured claim against it on behalf of the Client, and the Client will risk that the amount of funds acquired by the Company from the third party will not be sufficient to satisfy the claims of the Client under in relation to this account. The firm will not bear any responsibility for any possible losses as a result of this.
22.1. The Firm can and has the right to seize all funds that the Firm, its Partners and adherents hold on behalf of the Client in order to satisfy his promises.
Inactive and dormant accounts of Clients.
23.1. If the Commercial Account is inactive for 30 days or more, the Firm has the right to charge a service fee of 2% of the invoice amount per day from it.
23.2. In the event of an inactive or dormant account, the Firm may cancel any unused ("active") prizes.
Entry into force of the Agreement.
24.1. The Agreement enters into force upon receipt by the Client of a notice sent by the Company, in which the Client is notified that, in fact, he has been accepted as a Client of the Company or the Trading Account has not been closed for him.
Addendum to the Agreement.
25.1. The Firm has the ability to upgrade the Client Account, change the type of the Trading Account, upgrade or change the Platform, or improve the offerings provided to the Client, if it is prudent to think that this will serve the interests of the Client and will not lead to an increase in his costs.
25.2. The Firm still has the opportunity to change all possible circumstances of the Agreement for any of the appropriate reasons:
(a) if the Firm reasonably believes that:
the change will make the terms of the Agreement more understandable;
the change will not be unprofitable for the Client;
(b) with target:
implementation of any offers or the ability provided by the Company to the Client;
creating fresh offers or opportunities;
replacing existing offers or opportunities with new ones;
eliminating offers or features that have become obsolete, have not been widely used, have not been used by the Client at any time during the previous year, or have become very expensive for the Company;
(c) to implement meaningful changes in the proposals provided to the Client as a result of the changes in:
banking, investment or economic systems;
systems or Platform used by the Company to carry out its own business or provide Services;
(d) at the request of the authority as a result of the configuration (including the expected) in the Applicable Regulations;
(e) if the Firm considers that each of the Agreement's criteria is inconsistent with generally accepted measures. In this case, it will not be governed by this term, but will consider that it reflects an appropriate Applicable Rule, and will subsequently amend the Agreement so that it more fully reflects the Generally Accepted Measures.
25.3. As long as the Client has the opportunity to terminate the Agreement without loss to itself, the Firm has the right to change each of its provisions in the presence of any of the serious reasons listed in paragraph 25.2.
25.4. In case of any change described in paragraphs 25.2 and 25.3, the Firm will notify the Client about this as a minimum amount 5 Business Days in case the Client is an individual, and three Business Days in case of a legal entity. However, the Client accepts that the change to reflect generally accepted norms has the ability to take effect immediately.
25.5. For each change that is described in paragraphs (a), (d) and (e) of paragraph 25.2, the Firm sends a Written Notice linking the information on the Company's Website. For every other change to the Client Agreement, if the Firm decides to issue a Written Notice on the Website.
25.6. In the event that the Firm sends a Written Notice of Changes in accordance with paragraphs 25.2 and 25.3, it shall notify the Client of the date of its entry into work. This is that the Client has accepted the change on that date. Otherwise, the Client is obliged to inform the Company that he wants to terminate the Agreement and not accept the change. Ultimately, the termination of the Agreement in this case, the Client shall not pay any fees, not assuming the ongoing costs and payment for the Services provided prior to termination.
25.7. The Firm reserves the right to revise its own fees, charges, commissions, fees, cash receipts, swaps, trading conditions, execution rules, rollover policy and trading schedule found on the Company's Website and/or Platform. Such changes are displayed on the Website and/or the Platform and the Client must constantly check for updates. In the absence of a Force Majeure Event, the Firm will notify the Client through its Website at least 5 Business Days in advance if the Client is an individual and three Business Days if a legal entity. In this case, it is considered that the Client accepted the change on this date. Otherwise, the Client must inform the Company that he wants to terminate the Agreement and not accept the change. Ultimately, the termination of the Agreement in this case, the Client is not obliged to pay any fees, except for the current costs and payment for the Services provided before termination.
25.8. The Firm reserves the right to revise the Client's Categorization, based on universal norms, by notifying the Client about it no earlier than five Business Days before the changes come into force. Changing the Client's Categorization also means changing the type of the Client's Trading Account. In this case, it is considered that the Client accepted the change on this date. Otherwise, the Client must notify the Company that he wants to terminate the Agreement and not accept the changes.
Termination and results of termination.
26.1. Without prejudice to the Company's right under this Agreement to immediately terminate it without notice to the Client, the Firm may terminate this Agreement by notifying the Client by written notice no earlier than seven Business Days in advance. The Client reserves the right to terminate this Agreement by sending a written notice to the Company seven Business Days in advance.
26.2. Initiated termination by either Party does not waive any promises that the Parties already had at the time of termination, any rights or obligations arising under this Agreement, or any Transactions made before.
26.3. Upon termination of the provided Agreement, all monies owed by the Client to the Company must be paid immediately, including (but not limited to) all debts, fees, expenses and other amounts imputed by the Company as a result of the termination of the Agreement.
26.4. Subsequently sending notice of termination of the Agreement provided and prior to the date of termination:
(a) The Client must close all of its Open Positions. Otherwise, subsequently termination of the Agreement, the Firm will close all Open positions at current prices;
(b) The Firm has full rights to bequeath Client's access to the Platform or limit the abilities available to Client on the Platform;
(c) The Firm has the right to bequeath in accepting new Orders from the Client;
(d) The Firm has the right to bequeath to the Client in the withdrawal of funds from the Trading Account and deduct from the Client's funds the amounts necessary to close disclosed positions and (or) pay out the Client's promises under the original Agreement. p>
26.5. Following Termination, the following may apply:
(a) The Firm may combine all possible Client Accounts of a Client in order to consolidate and debit Balances in those Client Accounts;
(b) The Firm may close a Commercial Account (Trading Accounts);
(c) The Firm may convert any currency or cryptocurrency in Trading Accounts;
(d) The Firm holds the right to close all of the Client's Open Positions;
(e) Unavailability of illegal activities, including suspected ones, scams by the Client, as well as guidance from the appropriate authorities, if the Client's Balance is positive, then the Firm (after debiting funds that the Firm in its sole discretion considers it important to deduct against future liabilities) will pay this Balance to the Client as soon as practicable, provide him with a statement of the state of the Balance and, where applicable, instruct any Representative and/or Manager to also pay the due amounts. These funds will be transferred in accordance with the Client's Instructions to the Company. The Parties understand that the Firm will make payment only to the account belonging to the Client. The firm has the right, at its sole discretion, to refuse payments to third parties. In the event that the Client does not provide instructions or becomes unreachable at its last known address, the Firm will transfer such funds (by personal decision) to his bank account as notified, or by check by mail to the address in the Registration Data. The Client is obliged to maintain his Registration Data in proper condition, otherwise the Firm is not responsible for the loss of the Client's funds.
Breach of promises.
27.1. Any of the appropriate actions is flagged as non-compliance:
(a) Failure by the Client to fulfill every promise made to the Company.
(b) Client's filing for bankruptcy or its equivalent (if Client is an individual), arrangement by Client for compromise or settlement with creditors, and any such operation with respect to Client.< /p>
(c) Failure of the Client to pay its own debts when the deadline arrives.
(d) The statements and promises of the Client under paragraph 28 were or have become incorrect.
(e) The client (if the client is an individual) is dead, declared missing, or rendered insane.
(f) Any other event where the Firm has reasonable grounds to think it is necessary or desirable to implement the actions listed in paragraph 27.2 of this Client Agreement.
(g) The professional authority or court must take the action described in paragraph 27.2.
(h) The Client involves the Company in any form of fraud, illegal work or non-compliance with Applicable Regulations, or creates the risk of such involvement.
(i) In the event of a significant violation by the Client of the requirements of the legislation of the United Kingdom of Great Britain and Northern Ireland or other states, the level of violation is guided by the Company on an honest basis.
(j) The Firm suspects the Client of being involved in money laundering, terrorist financing, bank card fraud and other illegal activities.
(k) The Firm has reasonable grounds to suspect the Client of engaging in the unauthorized activities described in paragraphs 2.13–2.15, 4.2, and 4.4.
(l) The Firm has reasonable grounds to suspect the Client of trading abuse described in paragraph 15.21.
(m) The Firm has reason to suspect the Client of fraudulently opening a Client Account.
27.2. In the event of a breach of promises, the Firm may, in its sole discretion, at any time and without prior written notice, take appropriate action:
(a) Terminate this Agreement immediately without notice to Customer.
(b) Cancel all Open Positions.
(c) Deny access to the Platform, temporarily or permanently, or close or disable all features of the Platform.
(d) Bequeath in the transmission and execution of each Order of the Client.
(e) Limit Client's trading dynamics.
(f) In the event of a scam, return the funds to the original owner or follow the instructions of the law enforcement authorities of the relevant state.
(g) Cancellation or return of profits acquired through trading abuse or the use of artificial intelligence or scalping on the Client Account - the exploitation of temporary and (or) immaterial discrepancies in the rates and tariffs offered by the Trading Platform.
(h) Stop immediately all trades incurred by the Client.
(i) Filing a lawsuit to recover each loss incurred by the Company.
Declarations and commitments.
28.1. You agree that any of the respective representations and obligations shall take effect upon any opening or closing of a Transaction in respect of events having space in the given period:
(a) The registration data provided to us at the time of downloading and registering with the Trading Platform, and at every other time thereafter, is complete, true, accurate, and the certificates are correct.
(b) You are of sound mind, of legal age, and of legal capacity.
(c) You are fully equipped to execute Client Agreements, open Transactions and fulfill your own obligations under this Agreement, and have taken all necessary steps to purchase opportunities for said execution and subsequent work.< /p>
(d) Before submitting an offer to invent a Transaction on the Trading Platform, you have ensured that you understand how Transactions work. You hereby undertake the promise that you also understand the terms and conditions of the Client Agreements and all their legal and monetary results.
(e) You have read and understand the Risk Notices and Warnings on the Company Website.
(f) You have taken all reasonable steps to understand the specifications and data of the Trading Platform and related hardware, software, data processing systems, telecommunications systems and networks essential to accessing and operating the Trading Platform. her.
(g) You are considered a specific member of the contract, and not an agent, adept, fiduciary, or holder acting on behalf of anyone. The client has the opportunity to represent another person only with the written permission of the Company and providing the Company with all the documents important for this.
(h) Each person who represents you in opening or closing Transactions, or deciding Client Agreements on your behalf, is fully qualified to do so.
(i) You are not considered to be an employee of any Underlying Market, a company in which any Underlying Market holds a controlling interest in promotional shares, a member of any Underlying Market and/or a firm incorporated in any Underlying Market, bank, trust or an insurance firm trading in Financial Instruments subject to this Agreement.
(j) You agree not to execute Transactions for the purpose of arbitrage, scalping or any internal and/or immaterial discrepancy in any rate or value on the Trading Platform.
(k) You have received all necessary municipal and other papers and permits in connection with the Client Agreements and the opening and closing of Transactions, these documents and permits are in force, all of their circumstances have been or will be performed.
(l) The performance, provision and operation of the Agreement and your implementation of the Trading Platform, covering any Transaction that you complete, does not comply with substantially any laws, orders, decrees, ordinances and criteria applicable to you in that jurisdiction , of which you are a resident, and no agreements that affect you or any of your assets.
(m) Except in special cases, you agree not to send funds to your personal Trading Account from bank accounts other than those specified in the Registration Data. The nature of special occasions is guided by us in certain periods of time.
(n) The Client Funds used for trading are not related, either directly or indirectly, to any illegal activity, including the financing of terrorism.
(o) You are not considered to be a Politically Powerful Person and have no relationship (whether family or business) with individuals who have held prominent public positions in the past 12 months. Otherwise, if you have not yet declared this on the Account Invention Application Form, you must notify the Company as soon as possible.
(p) We may occasionally offer you promotions with currency bonuses. The full terms and conditions relating to such prizes are set out on the "Temporary Promotions" page of the Website. They may change over time. You agree to comply with all of their rules in the event of a role in bonus programs. Failure to follow any of the rules delays all prizes and associated trading advantages.
(q) You acknowledge that you have normal Internet access and agree that the Firm provides you with various information via the Website and/or email. Such information may include, but is not limited to, configurations in terms and conditions, costs, commissions, this Agreement, Policies, information about the nature and risks of investments.
28.2. Each failure by you to comply with the statements and promises described in paragraph 27.2 or any other part of the Client Agreements, invalidates any Transaction, or gives us the right, at our sole discretion, to close it at current rates.
29.1. You promise to indemnify us, our partners, employees, agents, and successors from liability, harm, loss, and expense, including attorneys' fees, incurred as a result of your failure to honor your promises under this Client Agreement or any Third Party Licenses, your breach of any promises, statements and understandings with us under the Client Agreement or Third Party Licenses. Without derogating from the foregoing, you agree to be fully and solely responsible for the subsequent processing of all Transactions entered into the Trading Platform with your Account Details, covering all taxes, fees and charges due to any municipal authorities in connection with the Transactions. You agree to fully indemnify us from all direct and indirect liability, costs and damages that we may incur as a result of your failure to comply with or failure to process Transactions, including in relation to Financial Institutions that execute Transactions on your behalf. p>
29.2. You are still liable to promptly indemnify us for all damages and costs, including legal losses that we incur as a result of enforcing any provisions of the Client Agreement. We are also not responsible for all claims and damages resulting from:
(a) any influence or omission by any person accessing your Trading Account or Account Details, beyond your ability to do so;
(b) your delay or failure to follow meaningful instructions received from us;
(c) inaccurate or incomplete execution of instructions purchased by you;
(d) each insertion by you or a third party with access to your Trading Account of each Monetary Data to complete a Transaction on the Trading Platform or any other factor;
provided that we immediately warn you in writing of any such complaint and give you permission to defend yourself against it at your own expense. You will not enter into any settlement agreement or accept any such demand without our written statement.
30.1. We do not guarantee that:
(a) The Trading Platform will meet your personal requirements, as a result, you must ensure that the features and functions of the Trading Platform meet your requirements;
(b) your hardware, software and communication connections will become compatible with the hardware and software we use to provide the Trading Platform;
(c) the implementation of the Trading Platform will be uninterrupted, secure, error-free and you understand that the presence of minor errors and failures is not a violation of the provided Client Agreement;
(d) we must fully prevent third parties from interfering with the operation of the Trading Platform;
(e) errors in the Trading Platform will be eliminated as soon as possible;
(f) we will find every bug in the Trading Platform.
30.2. You understand that we cannot fully control the transmission of data over telecommunications networks, including but not limited to the Internet, and are not responsible for communication failures, refractions and delays in online trading that are not our fault (through Internet or mobile connection).
30.3. You understand that the trades you make on the Trading Platform are not made on a recognized Exchange, but are considered over the counter (OTC).
30.4. We hereby expressly disclaim all liability for loss or damage resulting:
(a) problems with your Internet connection;
(b) errors on the platform or in any other space, and lack of backups;
(c) failures of security systems, wholly or partly resulting from the operation of third-party software, network services, actions or events beyond the reasonable boundaries of our control;
(d) provide security offers that we may voluntarily make outside of the scope of the Client Agreement;
(e) use of the Trading Platform is not in serious agreement with the Client Agreement and all technical documentation that we provide to you or make available to you in any other way, including, but not limited to, on the Website;< /strong>
(f) the inability of the Company to fulfill its own obligations under the Agreement as a result of Force Majeure Events or other reasons arising through no fault of its own;
(g) receipt by any person of your Account Details before the Client notifies the Company thereof;
(h) unauthorized access of third parties to information, covering electronic addresses, electronic correspondence, personal data and Account Details during their transfer between the Parties and any other party using the Internet and any other means of communication, mail, telephone or other electrical devices;
(i) any risks from the risk statements and warnings on the Company Website;
(j) any change in tax rates;
(k) any actions or statements of the Referrer;
(l) the content, correctness, correctness and completeness of each communications distributed as a result of the use of the Trading Platform;
(m) any act or omission (including negligence and fraud) of the Client;
(n) your use of these features like Trailing Stop, Assistant Expert and Stop Loss;
(p) monetary risks.
30.5. With respect to any monetary or other information that we or third party offer providers provide to you in connection with your use of the Trading Platform:
(a) we and other suppliers are not responsible for information that is inaccurate or incomplete in any respect;
(b) we and other suppliers are not liable for any action you take or do not take based on this data or information;
(c) you will use this data and information only in accordance with the Client Agreements and for the purposes described therein;
(d) this data and information belongs to us and other providers, and you agree not to broadcast, distribute, publish, disclose or display this data and information, in whole or in part, to third parties, except as specified applicable standards;
(e) you will use this data and information in accordance with all generally recognized laws and regulations.
Limits of liability.
31.1. Subject to paragraphs 31.2-31.5 of this Client Agreement, our total obligation to you with respect to any complaints arising in connection with this Client Agreement (collectively, but not limited to, as a result of violations of contract criteria, negligence, tortious acts or in force of law) is limited to the total amount of deposits minus withdrawals in your Trading Account.
31.2. Subject to paragraphs 31.2 and 31.5 of this Client Agreement, you are responsible to us for:
(a) any loss (whether direct or indirect) of proceeds or profits;
(b) any loss (direct or indirect) of expected savings;
(c) any loss (whether direct or indirect) of intangible assets or reputational damage;
(d) any loss (whether direct or indirect) of business opportunities, including due to disruptions in business operations;
(e) any loss (whether direct or indirect) or breach of data integrity;
(f) incidental, consequential, consequential, punitive or specific loss or damage arising in connection with the Client Agreements, including but not limited to breach of contract, negligence, tort or by operation of law, and regardless of whether each party knew or had the opportunity to know about the likelihood of such loss or damage.
31.3. Nothing in the Client Agreements eliminates, limits or prohibits your liability for death or personal injury due to the negligence of you (or your representative) or any incident in relation to which liability cannot be limited by applicable law.
31.4. Nothing in paragraph 31 eliminates, limits or prohibits your liability for fraud or misrepresentation on your part (or on the part of your representative).
31.5. Based on the terms of paragraph 31.1-31.4 of this Client Agreement, our liability in cases permitted by law for violations of the intellectual property rights of third parties is limited by the laws of the United Kingdom of Great Britain and Northern Ireland.
31.6. The Client Agreements outline the range of our obligations and responsibilities in relation to the provision of the Trading Platform. There are no express conditions, pledges, representations or other terms that impose liability on us, other than those expressly set forth in the Client Agreements. Each condition, pledge, assertion and other concept in terms of the provision of the Trading Platform, which may be referred to or implied in the Client Agreements, as well as any additional contract, whether by operation of law, joint law or regulation, is truly excluded to the extent permitted by law .
32.1. By true, you authorize us to execute any instruction provided (or appearing to be given) by you on the Trading Platform.
32.2. We have the right, by virtue of the opportunities acquired from you, to act on the basis of any oral, electronic and written communication and information received from you. You agree that:
(a) in the event that you have entered the Trading Platform with Account Details, we are entitled to work in accordance with your instructions without additional questions about the validity of these instructions, considering them to be equivalent to your written orders; p>
(b) in case you are logged into the Trading Platform, nothing in the paragraph provided obliges us to inspect the eligibility of any memo or signature before each trade;
(c) all risk for all instructions, whether authorized, unauthorized, improper, fraudulent or not authorized by you, rests solely with you. You release us from any loss, cost, commission, damage, injury, complaint, demand or liability that we may incur or that may be brought against us in connection with our action, delay in action or waiver of action in connection with these instructions or the same information.
32.3. Without prejudice to the foregoing, we must not work in accordance with the instructions if there are reasonable grounds for thinking that:
(a) the person giving leadership exceeds his own authority;
(b) following the instructions constitutes non-compliance with the law, criteria or provisions of the Client Agreements;
(c) in the event that we have received an offer to execute a Transaction, but later began to suspect that it satisfies paragraphs (a) and (b) above, we may, at our sole discretion, close the Transaction at the current for that period the value shown in the Trading Platform, or accept the Transaction as invalid at the beginning.
Nothing in the provided paragraph obliges us to investigate the capabilities of any person who claims to represent you
32.4. Each offer to open or close a Transaction (including an Order) must be made by you only through the Trading Platform. Written offers to open or close a Transaction, by fax, email or SMS, will not be accepted.
32.5. In the event that we receive an offer to open or close a Transaction that does not comply with paragraph 32.4, we may, at our sole discretion, execute it, however, we will not be liable for any losses, damages and expenses that you may incur in connection with any error, delay, omission on our part, or failure to comply with this offer.
Case of the Parties.
33.1. By disclosing any Transaction with us, you are acting as a specific member of the contract and not as an agent of anyone. This means that, unless otherwise expressly discussed in writing, we will treat you as our Customer in all respects, and you will be personally and directly responsible for meeting your obligations under any Transaction you make. In the event that you act with or on behalf of another person, whether or not known to us, we will not consider him as our own Client and will not be liable to him, unless otherwise discussed in a written communication.< /strong>
33.2. Relations with you are executed by us only on an executive basis in accordance with our policy of preserving the interests of the Client.
Communication and written notices.
34.1. Unless otherwise set forth in this Agreement, every notice, request and other form of communication initiated by the Client in relation to the Company under this Agreement must be sent to the Firm's address indicated below (or to any other address that the Firm may from time to time issue Customer for a specific transaction) via email, fax, mail, airmail, or paid courier service. The notice will be considered received only when it is actually received by the Company at the contact details indicated on the first page.
34.2. The Firm has the ability to communicate with the Client by any of the following methods: e-mail, internal mail of the Platform, facsimile, telephone, post, paid courier service, air mail or the Firm's Website.
34.3. The Firm will contact the Client using the contact details in his Registration Data. Therefore, the Client must immediately notify the Company of any change in their own contact details.
34.4. Proper means of communication are listed as Written Notice from the Company to the Client: email, Platform internal mail, facsimile, mail, commercial courier service, airmail, Company Website. The following methods of communication are considered Written Notice from the Company's Client: e-mail, facsimile notice, mail, paid courier service, air mail or paid delivery.
34.5. All kinds of messages sent to the Client (documents, notifications, confirmations, statements, reports, etc.) are considered delivered:
(a) if sent by e-mail, within 60 minutes after sending and thereafter that the notice has been sent from the point of view of the Company;
(b) if sent by the Platform's internal mail, immediately after posting;
(c) when sent by facsimile, when received by the recipient on his fax machine and proof of this precedent by the recipient's machine;
(d) when sent by telephone, when a telephone conversation ends;
(e) if mailed, 7 days after posting;
(f) when sent by a paid courier service - on the day of signing the receipt notice;
(g) if sent by airmail, 8 Business Days after dispatch;
(h) when posted on the Company Website, one hour after posting.
35.1. The client agreement outlines the entirety of the contract and all agreements between the parties in relation to the topics described in it. They put aside all sorts of past agreements and arrangements between you and us on these topics.
35.2. You agree that by entering into this Client Agreement, you will not apply any representations, promises and warranties (including those made in ignorance) of 3 persons (whether included or not included in the Client Agreements), other than those that are actually specified in the Client Agreement.
Divisibility of positions.
36.1. In the event that any portion of this Agreement shall be deemed by any Court or competent authority to be non-binding, illegal, or contrary to a particular rule, regulation or law of the Market or supervisory authority, such portion shall be deemed excluded from the true Agreement from the outset and the Agreement will be interpreted and performed as if this share had never been included in it, while the legality, eligibility and obligation to comply with other provisions of the Agreement, as well as the provided part in each other jurisdictions, shall remain in force.
37.1. Each non-observance or delay in exercising the right or the means of protection given by the Client Agreement does not constitute a waiver of such right or means of protection, or any other rights and remedies. Waiver of the right to demand elimination of any non-compliance with the criteria of the Client Contract is not a waiver of the right to request the elimination of any other violation and does not affect other circumstances of the Client Agreement.
37.2. The rights and remedies under the true Client Agreement are in addition to a friend of a friend and (unless otherwise provided in the Client Agreement) are not exclusive to any rights and remedies at law.
38.1. You may not assign or transfer any of your own rights or delegate any of your own obligations under the Client Agreement to a third party without our express written permission, whether by force of law or otherwise, on a permanent or temporary basis.
38.2. You agree that we may assign our own rights or direct obligations under the Client Agreements or the entire Agreement to a successor of all or a significant part of our business and assets without written permission, however, with a preparatory Written Notice a certain number of Business Days in advance. The Firm has the ability to sell, transfer or otherwise assign all of its own assets or interest in them, including your Registration Data, proprietary information, Protocol Information, in connection with a merger, purchase, reorganization or sale of all or a significant portion of its assets and promotions, and in our bankruptcy. The Client's money still has every chance of being transferred for these reasons.
39.1. In situations where the Client is introduced to the Company by a third party, such as a business referrer or network partner, who will implement the Company's marketing (both referred to as the "Introducer"), the Client accepts that the Firm is not responsible and is not responsible for the conduct and statements made by the Introducer and has no connection with separate agreements that are concluded between the Client and the Introducer.
39.2. The Client accepts and approves that his agreements or dealings with the Introducer have a chance to entail additional expenses due to the fact that the Firm is forced to pay commissions or payments to the Introducer. In this case, the Client will be informed about them within the limits of the measures used.
Complaints and disputes.
40.1. If the Client wishes to file a complaint, he is obliged to send a message to the e-mail of the Support Service. Within ten (10) Business Days of receiving the complaint, the Firm will send a personal response. In the event that a claim requires an appeal and the Firm is unable to resolve it within 10 Business Days, the Firm will send a pending request. Sending it will mean that the Firm will contact the Client at a later date (within eight weeks of receipt of the Complaint).
40.2. When a situation arises that is not explicitly described in this Agreement, the Parties undertake to try to take measures to resolve it on the basis of good-natured will, fairness and market practice.
40.3. The Client has the right to send a complaint by mail in writing to the place of registration of the Company. In this case, the date of receipt of the claim will be the date prescribed in the postal notice of delivery of the postal item.
40.4. The Client's right to bring legal action is not precluded by the existence or implementation of any of the above complaints and claims procedures.
Governing law and jurisdiction.
41.1. The interpretation, explanation, effect and enforcement of the Client Agreements shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland. You and we agree to resolve disputes only in the courts of the United Kingdom of Great Britain and Northern Ireland. You agree that all Transactions on the Trading Platform are governed by the Laws of the United Kingdom of Great Britain and Northern Ireland, regardless of the location of the Registered User.
41.2. All transactions on behalf of the Client shall be subject to applicable rules and other regulations governing the work of investment organizations of the United Kingdom of Great Britain and Northern Ireland, subject to periodic changes and additions. The firm has the right to do or not to do all kinds of measures that it considers important to comply with generally accepted norms and market rules. All these measures oblige the Client.
Multiple account holders.
42.2. In the event that the Client includes 2 or more persons, the direct obligations under the Agreement are considered general. All possible warnings and notices for one person who is part of the Client are treated as such and for all other persons who are part of the Client. Any Order given by one of the individuals within the Client shall be treated as such by all persons within the Client.
42.3. In the event of the death or incapacity due to a mental disorder of one of the individuals who are part of the Client, all funds of the Company or its Holder will remain in the order of another person (persons) and all direct obligations to the Company will be assigned to this person (persons).
Bonus political activity.
43.1. Bonus — auxiliary currencies credited by the Company to the individual commercial account of the Client.
43.2. The decision to issue a bonus to the customer's account, and the amount of bonus funds provided, is guided by the personal decision of the company. The bonus is accrued only with the consent of the client, and the Firm strongly recommends that you familiarize yourself with the criteria below.
43.3. Definition of a Trading Bonus: A Commercial Bonus is the amount of Company funds deposited into your Trading Account for the purpose of securing an account. With bonus funds, you have the opportunity to use cryptocurrency. The bonus can be provided both one-time and repeatedly, depending on personal agreements with the client and promotions held by the Company.
43.4. Benefit acquired from trades not closed with bonus funds is considered to be the real funds of the client, subject to the execution of the size of the trades.
As part of the political activities of combating money laundering by the exchange trading method, the smallest trading size has been set.
Trading size is the total amount of the price of all open trades (regardless of whether there was a profit on these trades).
43.5. The accrual of the bonus strongly requires compliance with the important size of the trades. By accepting bonuses, the Client agrees to the terms of the necessary trading turnover.
43.6. Bonus methods are considered personal methods of the company, and have no chance of being withdrawn. Profit acquired from trades not closed with bonus funds is considered to be the real funds of the buyer and, subject to the fulfillment of the size of the trades, is subject to withdrawal together with the client's funds on the personal account.
43.7. Subsequently, such as the bonus was credited to the commercial account, it cannot be changed or deleted by the client offline.
43.8. The Firm has the right to cancel or change the bonus before the period of its crediting to the Client's Trading Account.
43.9. The firm is not responsible for the loss of the bonus by the client, in case of incorrect trading.
43.10. For an inactive commercial account, within 30 calendar days from the stage of the last closed transaction, the client may be required to pay a commission for the service of the trading account in the amount of 2% of the account amount per day.
Appendix 1: TERMS OF TRADE.
1.1. This Appendix 1 applies to Clients who trade cryptocurrencies.
Inventing and Closing Orders/Transactions
2.1. In order to open a Cryptocurrency Transaction on the Trading Platform, you must find a Buy or Sell at the price indicated on the Trading Platform during the period of the Transaction. In order to close a Transaction, you must offer to either sell (in the case of a Buy) or buy (in the case of a Sell) the Underlying Asset of the disclosed Transaction at the price listed in the Trading Platform at the time of the closing offer.
2.2. The Trading Platform provides the Buy and Close prices for each Underlying asset traded on the Trading Platform. You understand that when opening a Buy or closing a Sell, this can only be arranged at the purchase price of that Underlying Asset listed on the Trading Platform. You further acknowledge that when opening a Sale or closing a Purchase, this can only be done at the acquisition cost of the provided Underlying Asset, which is displayed on the Trading Platform.
2.3. On the Trading Platform, you may make an offer to invent a Transaction at the best possible price (“Market Order”) at the time the Transaction is opened, unless you have specified a specific price of the offer to open a Transaction (“Restrictive Order”). With respect to a “Market Order”, the value at which the Transaction ends may be different from what was indicated when the order was placed. You agree that your offer to create a Market Order has the possibility of being accepted at a lower or higher value than that which you have indicated in the Market Order, within the range that is periodically indicated in the Trading Platform. In the event that you decide to open a Market Order, your offer will be accepted at the best possible price available on the Trading Platform.
2.4. With regard to the Limit Order, the price at which the Transaction ends may be different from what was shown when the order was placed. You agree that your offer to create a Limit Order may be accepted at a price lower (if buying) or higher (if selling) than that which you enter in your own Limit Order, within a range as specified from time to time. in the Trading Platform. If you decide to open a Market Order, your offer may be accepted at the price you specified in your offer. At any time prior to accepting a Restricted Order, you may cancel it without detriment to yourself. If you choose to open a Limit Order, your offer will be accepted at the best possible price available on the Trading Platform.
2.5. Orders can be placed and (if possible) changed in the direction of the Exchange session for any type of currency and cryptocurrency in accordance with the information published by the Company on the Website with periodic changes. The Client agrees that the Orders for the invention of a position, if accepted by the Company outside the Exchange session, have every chance of not being executed if the market is not traded at the price that was at the beginning of the Exchange session.
2.6. Unfilled Pending Orders, if not met, will remain in effect until the due trading session (if applicable). At the close of trading, all open positions in the respective Underlying Market will be rolled over to the coming Business Day in accordance with the Company's right to close the disclosed urgent transaction.
2.7. Market orders that are not filled due to insufficient size to fill them will lose their validity and become pending.
2.8. The type and validity of the Order are specified by the Client. If the time and validity of the Order are not specified, it functions indefinitely. However, the Firm has the option to remove one or more pending orders if the Trading Account Index is zero.
2.9. Prior to execution Orders may be deleted by the Client.
2.10. I have the ability to change orders for limiting loss and fixing profit, while they are present far from a specific value (depending on the trading sign).
2.11. The Client has the opportunity to change the expiration date of the Pending Orders or delete or change the Pending Order before it is executed. To configure the expiration date, the Client must cancel the Order and place a new one.
2.12. Cryptocurrency orders are generated as follows:
orders to take profits are executed at the specified prices;
Loss limit orders are executed at the rates of the first market;
Loss limit orders in blocked positions are carried out at the rates of the first market;
Limit orders are executed at designated prices;
Loss limit buy and resell orders to open a position are executed at first market rates;
2.13. The Client accepts and agrees that due to constant market volatility and factors beyond the control of the Company, the Firm cannot guarantee that the Order will be executed at the level indicated in the Client's Order. For example, an Order has the ability to be closed at a lower cost than the one originally placed for it by the Client. In this case, the Firm will close the Transaction at the appropriate best value. For example, in the case of a Buy-Loss Closing, the Instrument price of such an Order has the ability to quickly exceed the Loss-Closing price without even reaching it first. When Selling at Loss, the value of the Instrument of such an Order has the risk of rapidly falling below the Close value without even reaching it at first.
2.14. Speaking of Close at Profit, if the value of the Underlying moves in a favorable direction for the Client (for example, the value goes down when the Client buys, or increases when it sells), the Client agrees that the Firm has the ability to shift the value improvement to the Client .
2.15. In the event that the Firm is unable to process an Order due to cost, volume, or any other reason, the Firm will not re-quote the Client (at a price that it considers optimal, subject to the availability of the price requested by the Client). The Order will be rejected and the Client will need to place another Order.
Restrictions and limits.
3.1. We may, at our sole discretion, allow a closing cost for a Transaction that supports Close at Loss and Close at Profit orders, subject to the terms of the Client Agreements and other criteria and provisions that we sometimes enforce. p>
3.2. Subsequent to your placing and acceptance by us of the Order, you authorize us to close the Transaction at the "Close at Loss" or "Close at Profit" cost, in accordance with the Order, without further instructions from you or notice to you. We may, at our sole discretion, close a Transaction when the value quoted by us on the Trading Platform equals or exceeds the value we accept for the submitted Order. You understand that we must not close any Transaction if you do not comply with the rules of paragraph 15.14.
3.3. We may, in our sole discretion, allow you to request the opening or closing of a Transaction, covering either Close at Loss or Close at Profit Orders, in the direction of a specific time period specified by you. In the event that we receive such a request, we may, at our sole discretion, close the Transaction at that time. You understand that we have no obligation to close such a Transaction outside the discussed period and in violation of any other restrictions regarding the Transaction.
3.4. We may, at our sole discretion, accept the offer to publish a trailing stop in relation to the Close at Loss. You understand that the initial value placed at the Close at a loss may be changed when the market moves in your favor on the Trading Platform. As long as the slide in the “Close at a Loss” offer lasts, you agree that any change in the market as a minimum amount per one hundredth of a percentage point (on the Trading Platform - “basis point”) in your favor gives you an offer from your side to raise the level sliding "Closing at a loss" by one hundredth of a percentage point. The configurations in the Basis Point will be rounded to a close unconditional value of the base currency of your country of origin, according to the Trading Platform.
3.5. You agree that due to market volatility and circumstances beyond our control, we cannot guarantee that the Order will be executed at the value indicated in it. For example, an Order has the ability to close at a worse price than the one you specified in that Order. In this case, we will close the Transaction at the appropriate next value. For example, in the case of a Close at a Loss when Buying, the value of the Underlying Asset of such an Order may quickly drop below the Close at a Loss value before even reaching its start. When Selling, the price of the Underlying Asset of such an Order may sharply exceed the Close price at a loss, without even reaching it beforehand.
3.6. Speaking of Close at a Loss, if the value of the Underlying moves in a favorable direction for you (for example, the value is understood when you buy, or increases when you sell), you agree that we can (but are not required to) move the value improvement to you. For example, when Buying the price of the Underlying Asset, such an Order can quickly increase the cost of the Close at a loss, without even reaching it at first. When Selling, the value of the Underlying Asset of such an Order has the ability to rapidly drop below the Closing price at a loss, without even reaching it at the very beginning.
3.7. The Client agrees that a Stop Loss Order does not necessarily limit the loss to the desired value, as due to market criteria it may not be possible to execute such an Order at a given value, and the Firm shall not be liable for this.
3.8. The Firm may, in its sole discretion, accept the Client's offer to place a Guaranteed Stop Order at a fixed price determined by the Client. Guaranteed Stop orders are only available for certain Underlying Assets as indicated on the details tab for that Underlying Asset. In the event that the Firm accepts a Guaranteed Stop on a new Order, it guarantees that when the quoted price of the order or offer reaches or exceeds the closing cost at a loss set by the Client, the Firm will cover the Client's open position at exactly the same price that the Client set in Guaranteed Stop Order. An open position may well be closed in harmony with the Client Agreements before the value of the Guaranteed Stop Order is reached.
3.9. The Guaranteed Stop order is subject to the following additional conditions:
(a) A Guaranteed Stop Order can only be requested for a new Order and is only available on loss closing criteria;
(b) A Guaranteed Stop Order can only be activated or changed during trading and if the relevant Underlying Asset exists on the Trading Platform;
(c) If the Guaranteed Stop Order is accepted by the Company, it can no longer be deleted, however, a change in value is allowed;
(d) A Guaranteed Stop Order must be posted at a minimum distance (determined by the Company) away from the current value of the Underlying Asset as quoted by the Company;
(e) The Firm warrants that when a Guaranteed Stop Order is placed, the strike price and spread are adjusted based on the additional fee. The adjusted spread is reflected when a Guaranteed Stop Order is placed in the Underlying Asset tab for any Underlying Asset.
3.10. The Client agrees that trading operations using additional functions of the Client's trading terminal, such as Trailing Stop and Assistant Expert, are executed under the full responsibility of the Client, since they are directly dependent on his trading terminal, and the Firm does not bear any responsibility in connection with with data.
Premium (or swaps).
4.1. Each disclosed Transaction that you hold at the end of the trading day for the Underlying Asset or roll over through the weekend when the relevant Underlying Market is closed will be mechanically rolled over to the next business day to prevent the Transaction from automatically closing and actually delivering. You acknowledge that when such Transactions are rolled over to the next business day, Premium may be added to or deducted from your account in relation to such Transaction ("Rolling"). The Premium amount is constant and expressed as a percentage of the value of the position, based on a number of reasons: whether a Transaction is considered a Buy or a Sell, interest rates, Underlying Asset differentials, daily price fluctuations and other financial and market reasons. Premium for any Underlying Asset is described under the "details" link for any Underlying Asset of the Trading Platform.
4.2. By deciding to open a Transaction for a particular Underlying Asset, you understand that you are aware of the Premium.
4.3. By true, you authorize us to credit or deduct Premium in your Trading Account for all disclosed Accumulated Premium Transactions, subject to the applicable rate, any day during accrual, as prescribed on the Trading Platform for any Underlying Asset.
Transaction expiration date.
5.1. We may, at our sole discretion, set an Expiration Date and Time for specific Instruments.
5.2. If we have set an Expiration Date for a particular Underlying Asset, it will be reflected in the Trading Platform under the “details” link for any Underlying Asset. You must watch the Expiration Date and Period.
5.3. If you have not closed an open Transaction for an Underlying Asset with an Expiration Date before this date, the Transaction will be mechanically closed on that date. The transaction will be closed at the value of the last quote on the Trading Platform just before the respective Date and Expiration Period.
6.1. All cryptocurrencies held by the Company contain spreads that are displayed on the Trading Platform and/or the Website. The firm may change the spreads from time to time at its sole discretion. These configurations will become reflected on the Trading Platform and/or the Website and the Client shall periodically check for updates.
Swap Free Client Accounts (Islamic).
7.1. When trading cryptocurrencies, the Firm has the option of issuing Accounts without Swaps (usually for Muslim Clients). They are determined by the internal criteria of the Company and additionally discussed by the parties.
7.2. Clients who wish to switch from a regular Trading Account to a Trading Account without Swaps are required to close all their own personal positions at the beginning.
7.3. All terms and conditions of the provided Agreement, excluding Swaps, apply to Client Accounts without Swaps.
7.4. If the Client has a Client Account without Swaps, no Swaps and rollovers will be applied to his trading positions at the end of the working day. All payments used to Swap Free Client Accounts are shown on the Trading Platform or the Company Website.
7.5. A Client with a Swap Free Client Account has the right not to hold floating positions for an extended period of time. In such a situation, the Client is obliged to close the floating positions, and the Swaps will be used retroactively.
7.6. Hedging of positions under the relevant agreement in Accounts without Swaps is prohibited. In such a situation, the Client is obliged to immediately close all hedges, and the Swaps will be used retroactively.
7.7. All Opened Positions in the Non-Swap Account are closed on Friday one hour before market close. Later, the Client may resume them again.