TERMS AND CONDITIONS
TRADING TERMS AND CONDITIONS
The client is entitled for a full refund on his unused funds, in case the client loose there is no refunds for this funds and the company will not be held responsible. in order to receive the refund the client needs to present with a full KYC documents. after having those documents we will process the request and the company will refund the funds to the same deposit method given by the client at first within 7 days excluding transfer fees etc.
This Agreement will be governed by in accordance with the laws of Marshall Islands without regard to its choice of law principles. Any legal action or proceeding arising in connection with this Agreement will be brought exclusively in courts of Marshall Islands, and the parties irrevocably consent to such personal jurisdiction and venue.
2. Scope and Application
2.1 The Agreement (and any amendments to this Agreement) supersedes any previous agreement between the Company and the Client on the same subject matter and takes effect between the Company and the Client.
2.2 The Agreement sets out the basis on which the Company agrees to provide Investment and Ancillary Services and Financial Instruments. Depending on the service and Financial Instrument, the Company will be subject to, among other things, as relevant, the Regulations, the protection of Personal Data Law and other codes of conduct and/or circulars applicable.
2.3 The Agreement is provided to assist the Client in making an informed decision about the Company, its services and the risks of the provided Financial Instruments.
2.4 The Agreement should be read in its entirety in deciding whether to acquire or to continue to hold any Financial Instrument and/or to be provided by the Company any Investment and/or ancillary service.
2.5 The Agreement governs all investment and/or ancillary services provided by the Company.
3.Provision of Services
3.1 The Investment Services to be provided by the Company to the Client are:
a)Execution of orders on behalf of Clients in relation to the Financial Instruments below:
i.Contracts for Differences on spot FOREX, spot precious metals, futures, shares or any other commodities available for trading
ii.Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivative instruments, financial indices or financial measures which may be settled physically or in cash.
iii.Options, futures, swaps, forward rate agreements and any other derivative contracts relating to commodities that must be settled in cash at the option of one of the parties (otherwise that by reason of a default or other termination event).
3.2 The Company will also provide the following ancillary services:
a)Granting credits or loans to an investor to allow him to carry out a transaction in one or more financial instruments, where the firm granting the credit or loan is involved in the transaction.
b)Foreign Exchange services where these are connected to the provision of Investment Services.
3.3 The services of paragraph 3.1 shall involve transactions in Financial Instruments not admitted to trading in Regulated Markets or an MTF. By accepting this agreement the Client acknowledges, and gives his express consent for executing such transactions.
3.4 The Client acknowledges that the services of paragraph 3.1 do not constitute the provision of investment advice.
4. Acknowledgement of Risks
4.1 Contracts for Differences on spot FOREX, spot precious metals, futures, shares or any other commodities available for trading are leveraged products and involve a high level of risk. It is possible for the Client to lose all his capital invested. Therefore, these products may not be suitable for everyone and the Client should ensure that he understands the risks involved. The Client should seek independent advice if necessary.
4.2 The Client unreservedly acknowledges and accepts that, regardless of any information which may be offered by the Company, the value of any investment in Financial Instruments may increase or decrease and it is even probable that the investment may become of no value.
4.3 The Client unreservedly acknowledges and accepts that he runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any Financial Instrument and the Client accepts and declares that he is willing to undertake this risk.
4.4 Where applicable, any general views expressed to the Client (whether orally or in writing) on economic climate, markets, investment strategies or investments, trading suggestions, research or other such information are not to be viewed as investment advice or Company recommendations and will not give rise to any advisory relationship.
4.5 When the Client makes a decision to trade in any Financial Instrument, the Client should consider the risks inherent in such Financial Instrument and in any strategies related thereto. The Client’s risk assessment should include a consideration of various risks such as credit risk, market risk, liquidity risk, interest rate risk, foreign exchange risk, business, operational and insolvency risk, the risks of “over the counter” (as opposed to on-exchange) trading, etc.
4.6 The preceding paragraph does not constitute investment advice based on the Client’s personal circumstances, nor is it a recommendation to enter into any of the services or invest in any Financial Instrument. Where the Client is unclear as to the meaning of any of the above disclosures or warnings, the Client is strongly recommended to seek independent legal or financial advice.
4.7 The Client acknowledges and accepts that there may be risks other than those mentioned in paragraph 4.
5. Electronic Systems and Trading
5.1 The Company shall provide the Client with access codes for entering into transactions or dealings with the Company. Such access codes can be used to access the Company’s Electronic Systems. Any such dealings will be carried out on the basis set out in this paragraph and on the basis of any additional agreement which the Company may enter into with the Client to regulate such activity.
5.2 The Client acknowledges and accepts that the Company has the right to restrict any access to its Electronic Systems where it deems appropriate, for the smooth operation of its Electronic Systems as well as to protect other client’s interest and its own. The Client will only be entitled to access the Company’s Electronic Systems and enter into dealings for his own internal business use on a non-exclusive, non-transferable basis.
5.3 All rights and interests and all intellectual property rights (including, without limitation, all trademarks and trade names in or relating to the Company) are owned by the Company or Company’s suppliers and will remain our property or that of our suppliers at all times. The Client will have no right or interest in those intellectual property rights other than the right to access the Company’s electronic systems.
5.4 The Client acknowledges that in the case of any electronic communication that can cause a delay and/or disruption, including internet or trading platform or electricity. The Client acknowledges and accepts that the Company has the right not to accept any verbal instruction in case theCompany’s personnel are not satisfied of the caller’s/Client’s identity or in case the caller/Client does not provide clear instructions to the Company. The Client acknowledges that verbal instructions will be treated on a first come, first served basis and the Company bears no responsibility of possible delays on placing the verbal instruction to the Dealing desk.
5.5 The Client undertakes the necessary precautions to ensure the confidentiality of all information, including, but not limited to, the access codes of the Company’s Electronic Systems, transaction activities, account balances, as well as all other information and all orders.The Client acknowledges that the Company bears no responsibility in the case that the access codes are used unauthorised by any third party. The Client is strongly advised not to use any public computer to login with his access codes. The Client should always logout from the Company’s Electronic Systems.
5.6 The Client undertakes to notify the Company immediately if it comes to his attention that the Client’s Electronic System access codes are being used unauthorised.
5.7 To the extent permitted by the applicable Law:
a)the Company will not be liable for any loss, liability or cost (including consequential loss) suffered or incurred by the Client as a result of instructions given, or any other communications being made, via the internet;
b)the Client will be solely responsible for all orders, and the accuracy of all information, sent via the internet using access codes; and
c)the Company is not liable for any loss or damages that may be caused to any equipment or software due to any viruses, defects or malfunctions in connection with the access to, or use of, the Company’s Electronic Systems.
6. Client Instructions and Orders
6.1 The Client understands and acknowledges that all orders executed between the Client and the Company are orders executed outside a Regulated Market or MTF.
6.2 The Client can open and close a position via its Company’s Trading Platform and add or modify orders by placing Buy Limit, Buy Stop, Sell Limit, Sell Stop, Stop Loss and/or Take Profit on any Financial Instrument.
6.3 The Client’s orders are executed at the Bid and Ask prices that are offered by the Company. The Client places his instant execution request at the prices he sees on his client terminal and the execution process is initiated. Due to the high volatility of the market as well as the internet connectivity between the Client terminal and the server, the prices requested by the Client and the current market price may change, during this process. In this event, the Company has the right to decline the Client’s requested price and offer a new quote to the Client which he can either accept or reject.
6.4 The Client has the right to use a Power of Attorney to authorise a third person (representative) to act on behalf of the Client in all business relationships with the Company as defined in this Agreement. The Power of Attorney should be provided tothe Company accompanied by all identification documents of the representative. If there is no expiry date, the Power of Attorney will be considered valid until the written termination by the Client.
6.5 The Company shall record telephone conversations, without any prior warning (unless required to do so by Applicable Regulations), to ensure that the material terms of a Transaction and/or order placed by the Client and/or any other material information relating to a Transaction are properly recorded. Such records will be the Company’s property and will be accepted by the Client as evidence of his orders or instructions. The Company may use recordings and/or transcripts thereof for any purpose which it deems desirable.
6.6 The Client acknowledges that the Company has the right to refuse accepting orders and/or instructions by the Client when they are not clear or during the following cases: opening a position, closing a position, modifying or removing orders.
6.7 If any underlying asset of the Financial Instrument becomes subject to possible adjustments as a result of any of the events set out in sub-clause 6.8 (referred to as "Corporate Event"), the Company will determine the appropriate adjustment, if any, to be made to the opening/closing price, size, value and/or quantity of the corresponding transaction (and also the level or size of the corresponding orders). This action is made in order to (i) account for the diluting or concentrating effect necessary to preserve the economic equivalent of the rights and obligations of the parties under that transaction immediately prior to that Corporate Event, and/or (ii) replicate the effect of the Corporate Event upon someone with an interest in the relevant underlying security, to be effective from the date determined by the Company.
6.8 The events to which sub-clause 6.7 refers to are any of the following, by the declaration of the issuer of a security:
a)a subdivision, consolidation or reclassification of shares, a share buy-back or cancellation, or a free distribution of bonus shares to existing shareholders, capitalisation or share split or reverse share split or similar event;
b)a distribution to existing holders of the underlying shares or additional shares, other share capital or securities, granting the right to payment of dividends and/or proceeds from the liquidation of the issuer equally proportionate to such payments to holders of the underlying shares, securities, or warrants granting the right to receive or purchase shares for less than the current market price per share;
c)any other event regarding shares analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of shares; or
d)any event analogous to any of the above events or otherwise having a diluting or concentrating effect on the market value of any security not based on shares.
e)any event that is caused by a merger offer made regarding the company of the underlying asset.
6.9 If any underlying asset of the Financial Instrument becomes subject to a specific risk resulting in a predicted fall in value, the Company reserves the right to restrict shortselling or even withdraw the specific Financial Instrument from the Company’s trading Platform.
6.10 Determination of any adjustment or amendment to the opening/closing price, size, value and/or quantity of the Transaction (and/or the level or size of any order) shall be at the Company’s sole discretion and shall be conclusive and binding upon the Client. The Company shall inform the Client of any adjustment or amendment via its internal mail as soon as is reasonably practicable.
6.11 In the case where the Client has any open positions on the ex-dividend day for any of the underlying assets of the Financial Instrument, the Company has the right to close such positions at the last price of the previous trading day and open the equivalent volume of the underlying Financial Instrument at the first available price on the ex-dividend day. In this case, the Company will inform the Client via the internal mail of the said adjustment and no Client consent will be required.
6.12 The Company shall not be liable for any loss, expense, cost or liability (including consequential loss) suffered or incurred by the Client as a result of instructions being given, or any other communication being made via the internet or other electronic media. The Client will be solely responsible for all orders, and for the accuracy of all information, sent via such electronic media. The Company shall not be held responsible for delays or inaccuracies in the transmission of any instruction, information or the execution of orders due to any cause beyond the reasonable control of the Company.
6.13 The Company shall not be liable for any delays or other errors caused during the transmission of the Client’s order via the Company’s trading platforms. The delay can be caused by various reasons depending on the current market conditions (e.g. high market volatility) as well as having a slow / weak internet connection between the Client’s terminal or any other trading platform offered by the Company and the Company’s server.
6.14 Client’s orders such as Buy Limit, Buy Stop, Sell Limit, Sell Stop, Stop Loss and/or Take Profit on any Financial Instrument shall be executed by the Company at the Client’s requested prices. However, in the case of any communication or technical failure as well as any incorrect reflection on the quotes feed (i.e. prices to freeze/stop updating or price spikes), the Company reserves the right not to execute an order or in case in which the order was executed to change the opening and/or closing price of a particular order or to cancel the said executed order.
6.15 Considering the levels of volatility affecting both price and volume, the Company is constantly seeking to provide client orders with the best execution reasonably possible under the prevailing market conditions. Client’s orders (Buy Limit, Buy Stop, Sell Limit, Sell Stop, Stop Loss and/or Take Profit) are executed at the requested/declared price. However, during periods of volatile market conditions, during news announcements, on opening gaps (trading session starts), or on possible gaps where the underlying instrument has been suspended or restricted on a particular market, Buy/Sell Stop and Stop Loss orders may not be filled at requested/declared price but instead at the next best available price. Same execution policy applies when a trading strategy is deemed as abusive, aiming towards potential riskless profit. Thus, by placing a stop loss order will not necessarily limit the Client’s losses at the intended amount.
6.16 Considering the volume of the Client’s order and the current market conditions, the Company has the right to proceed with partial execution.
6.17 The Company has the right at its discretion to increase or decrease spreads of Financial Instruments depending on the current market conditions as well as the size of the Client’s order.
6.18 The swap rate is mainly dependant on the level of interest rates as well as the Company’s fee for having an open position overnight. The Company has the discretion to change the level of the swap rate on each Financial Instrument at any given time and the Client acknowledges that he will be informed by the Company’s Main Website. The Client further acknowledges that he is responsible for reviewing the contracts specifications located on the Company’s Main Website for being updated on the level of swap rate prior to placing any order with the Company. In addition, the Company reserves the right to amend the swap values of a specific Client in case of any suspect of a trading abuse.
6.19 The Company reserves the right to disable and/or enable swap free trading for Client’s trading account at any given time. This can occur at times where the Client abuses the Company’s trading conditions/systems or where the Client’s trading strategy imposes a threat to the Company’s trading facility or where the Company deems necessary in order to protect the smooth operation of its trading facility.
6.20 All orders are placed in lot sizes. A lot is a unit measuring the transaction amount and is different per each Financial Instrument. The minimum volume size for all Financial Instruments is 0.10 lot for premium and 0.01 for standard accounts, except for Contract For Differences on US and UK shares which is 10 lots. The Client further acknowledges that he is responsible for reviewing the contract specifications located on the Company’s Main Website for being updated on the level of swap rate prior to placing any order with the Company.
6.21 The Client can request to change his account leverage at any time by contacting the Company. The Client acknowledges that the Company has the discretion to change the Client’s trading account leverage at any given time, without the Client’s consent, either on a permanent basis or for a limited period of time. Such an event will be disclosed to the Client by the Company via its internal mail or by email. On every Friday and between the hours of 21:00 till 24:00, the Company maintains a maximum leverage of 1:100 for any new positions opened during the said specified period.
6.22 By accepting this Agreement the Client has read, understood and accepted the “Leverage Levels” as these are uploaded in the Company’s Main Website, in which Client Account’s leverage may be changed by the Company based on his deposit amount as well as on the exposure on a single instrument.
6.23 The Company bears no responsibility when the Client uses additional functionalities / plug-ins such as Expert Adviser or Trailing Stop since they depend on the Client terminal. In case where the Company suspects that a Client is using additional functionalities /plug-ins where it affects the reliability and/or smooth operation and/or orderly of the Company’s Trading Platform the Company has the right to activate any clause specifically under clause 24, including sub-clause 24.4.
6.24 The Company shall have the right to start closing Client’s positions starting from the most unprofitable, when the margin level is less than 40%. In the case where the margin level is equal to or less than 20%, then Client’s positions are automatically closed, starting from the most unprofitable, at the market price.
6.25 The Client acknowledges that he is responsible for reviewing the difference between the standard and premium accounts located on the Company’s Main Website prior of opening an account and/or placing any order with the Company.
6.26 The Company reserves the right to change the Client’s trading account type from Premium to Standard and vice versa based on the total deposits made on the Client’s account as well as based on the Client’s trading account current balance.
6.27 In case where a Client is trading in a way that aims to take advantage of price disparities resulting from rare/occasional price latencies with the purpose of benefiting from a possible pricing arbitrage to the Company’s detriment, either by using additional functionalities/plug-ins (i.e. Expert Adviser, etc.) or by any other means, then the Company has the right to activate any clause specifically under clause 24, including sub-clause 24.4.
7. Refusal to Execute Orders
7.1 The Company has the right to refuse to execute an order without any given notice and/or explanation to the Client. Among the cases that the Company is entitled to do so are the following (this list is not exhaustive):
a)If the Client does not have the required funds deposited in the Company’s Client trading account;
b)If the order violates the smooth operation or the reliability of the Company’s Trading Platform;
c)If the order aims at manipulating the market of the specific Financial Instrument;
d)If the order is a result of the use of inside confidential information (insider trading);
e)If the order aims to legalise the proceeds from illegal acts or activities (money laundering).
7.2 It is understood that any refusal by the Company to execute any Order shall not affect any obligation which the Client may have towards the Company or any right which the Company may have against the Client or his assets.
8. Settlement of Transactions
8.1 The Company shall proceed to a settlement of all transactions upon execution of such transactions. Unless otherwise agreed, the settlement of Transactions shall be in accordance with the normal practice for the Financial Instrument or market concerned.
8.2 A statement of Account will be provided by the Company to the Client on a monthly basis, within five (5) business days from the end of the previous month. In the case where no transactions were concluded in the past month, then no statement of Account will be provided. A statement of Account or any certification or any confirmation issued by the Company in relation to any transaction or other matter shall be final and binding to the Client, unless the Client files in writing his objection within four (4) business days from the receipt of the said statement of Account, certification or confirmation.
8.3 The Company is considering fulfilling its obligation under paragraph 8.2, since the Client can obtain a statement of his Accounts as well as confirmation of any transaction via the Company’s Trading Platform. Any objection of the Client with regards to his executed transactions will be valid only if the Company receives the objection in writing within four (4) business days from the date of the said transactions.
9. Order Execution Policy
9.1 The Company takes all reasonable steps to obtain the best possible results for its Clients, either when executing client orders or receiving and transmitting orders for execution in relation to financial instruments. The Company’s Order Execution Policy sets out a general overview on how orders are executed as well as several other factors that can affect the execution of a financial instrument.
9.2 The Client acknowledges and accepts that he has read and understood the “Order Execution Policy” document, which was provided to him during the registration process and which is uploaded on the Company’s Main Website.
9.3 Likewise and further to the above, the Client shall be deemed to have given his consent to the Company to execute or receive and transmit an order for execution outside a regulated market or an MTF.
10. Client’s Account
10.1 The Client shall open an account with the Company in order to conclude any Transaction as specified in this Agreement. This Agreement shall be considered effective upon the first funding of the Client’s Account, provided that the Company has sent the Client written confirmation for his acceptance.
10.2 The Client does not intend to use his Account for payment to third parties.
10.3 If the Client has opened more than one Account, the Company shall be authorised to consider and treat these different Accounts as a single unit. Among other rights that the Company has in the way of handling these accounts is the transferring of fundsbetween accounts to cover possible negative balances, without this affecting in any way the other rights of the Company.
10.4 Any funds received in a currency for which the Client does not hold an Account shall be converted by the Company into the Client’s base currency. The conversion shall be made at the exchange rate applied on the day and at the time when the relevant funds are at the disposal of the Company.
11. Safeguarding of Client’s Funds
11.1 When holding Client’s funds the Company shall take every possible measure to safeguard the funds against the use of Client funds for its own account.
11.2 Client’s funds will be held in any Client’s Bank Account which the Company may specify from time to time.
11.3 The Company will maintain separate records in the accounting system of its own funds/assets and the funds/assets kept on behalf of the Clients so as at any time and without delay to distinguish funds held for one Client from funds held by any other Client, and from its own funds/assets.
12. Transfer of Funds
12.1 The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorism financing, on the payment document. It is the Company’s policy not to accept payments from third parties to be credited to the Client’s Account.
12.2 Any amounts transferred by the Client to the Client’s Bank Account will be deposited in the Client’s Account at the “value date” of the received payment and net of any deduction/charges by the Client’s Bank Account providers.
12.3 The Company has the right to refuse a Client’s transferred funds in any of the following cases (this list is not exhaustive):
a)If the funds are transferred by a third party;
b)If the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorised person;
c)If the transfer violates Marshall Islands legislation.
12.4 In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the Client will suffer the relevant Client’s Bank Account provider charges.
12.5 By signing this Agreement the Client gives his consent and authorises the Company to make deposits and withdrawals from the Client’s Bank Account on the Client’s behalf, including but not limited to, the settlement of Transactions performed by or on behalf of the Client, for payment of all amounts due by or on behalf of the Client to the Company or any other person.
12.6 The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations (i.e. Free Margin) from the Client’s Account without closing the said account.
12.7 Unless the Parties otherwise agree, in writing, any amount payable by the Company to the Client, shall be transferred directly to the Client’s personal account. Fund transfer requests are processed by the Company within the time period specified on the Company’s Main Website and the time needed for crediting into the Client’s personal account will depend on the Client’s Bank Account provider.
12.8 Client’s withdrawals should be made using the same method used by the Client to fund his Client Account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and will suggest another payment method where the Client needs to proceed with a new withdrawal request, or request further documentation while processing the withdrawal request. Where applicable, the Company reserves the right to send Client’s funds only in the currency as these funds were deposited. Where applicable, if the Company is not satisfied with any documentation provided by the Client, then we will reverse the withdrawal transaction and deposit the amount back to the Client’s Account net of any charges / fees charged by the Client’s Bank Account providers.
12.9 Client fund transfer requests will be performed from the Company’s Client portal located on its Main Website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer.
12.10 The Client acknowledges that in case where a Client’s Bank Account is freezed for any given period and for any given reason the Company assumes no responsibility and Client’s funds will also be freezed. Furthermore, the Client acknowledges that he has read and understood the additional information provided on each payment method available on the Company’s Client portal.
12.11 By accepting this Agreement the Client gives his consent and authorises the Company, where applicable, to transfer/hold his funds to another EU member state authorised broker in which the Client’s funds will be located on a segregated client’s bank account. The Client also consents that his funds, where applicable, can be deposited in an omnibus account.
13. Company Fees
13.1 For any services provided to the Client as presented under this Agreement, the Company is entitled to receive fees from the Client as well as compensation for the expenses