Terms of use
These Terms and Conditions (hereinafter referred to as “Terms”) together with the completed registration form constitute the Customer Agreement between Solidary Prime LTD (hereinafter referred to as “the Company” or “we” or “us” or “our”) on the one hand and you (“the Customer” or “you”), who may be an individual or legal entity and has completed the Company’s registration procedure and has been accepted by the Company as its Customer on the other hand.
These Terms and the accompanying documents/policies, as amended from time to time (hereinafter referred to as “the Terms“), set forth the terms and conditions under which the Company will offer its services to the Client and provide the necessary information to the Client prior to making a decision regarding the Company and its services.
By acknowledging the Terms and proceeding to open a trading account with the Company and/or its brands, Customer enters into a legally binding Agreement (the “Agreement“) with the Company and is assured that you understand, agree and accept all terms without modification.
1. INTRODUCTION
- Solidary Prime LTD owns and operates the trademark “Solidary Prime” . Solidary Prime LTD is registered in New Zealand. The Company’s registered office is located at 1st Floor Harvest Court, 218 George Street, Dunedin, 9016 New Zealand. Please refer to the Company’s website for more information.
- Through its electronic system on the Internet (hereinafter the “Trading Platform“) and its official website solidaryprime.trade (hereinafter the “Website“) the Company provides investment services, as defined herein.
2. ACKNOWLEDGMENT
- The Customer acknowledges that he/she is of legal age (over 18 years of age) and is not a U.S. citizen/resident for tax purposes. The Customer further acknowledges that he/she has read, understood and accepted the Customer Agreement consisting of these Terms and Conditions together with the registration form, the Terms and Conditions and the legal documents as amended from time to time and as presented on the Company’s website(s).
- The Client acknowledges and agrees that the Company may operate other websites in addition to the main website mentioned above and these which may contain information about the Company, its services and the legal framework to which the Company is subject, either in the language of the Company or in the language of the country in which the Company operates.
English or in different languages. By continuing to access or use the Company’s websites, you agree to abide by the terms and conditions applicable to you.
- Customer acknowledges that the official language of the Company is English and acceptance of the Terms constitutes a legally binding agreement with the Company.
- The Company presents in this document the terms and conditions of operation that
- It is provided that, given the nature of the business relationship, the Terms will be provided to you in electronic form only. The Client, by entering an e-mail address for the purpose of conducting business with the Company, hereby accepts the suitability of the medium used (i.e. the website) for the provision of information. The Client is hereby informed about the Company’s electronic website (Solidaryprime.trade) to which the Client will always be able to access. The Customer hereby acknowledges that he/she understands and agrees that the Service Agreement will be provided to him/her only electronically.
3. SCOPE AND APPLICATION OF THE TERMS AND CONDITIONS OF OPERATION
- The Terms apply to all actions that are directly related to the investment services provided by the Company.
- The Terms provide the framework for the Client Agreement and the nature of the investment services provided by the Company. They cannot be negotiated or overridden by any prior agreement or arrangement entered into between the Company and the Client.
- The Terms apply to both the Company’s websites and Trading Platforms, as well as the electronic content and/or software currently contained on the Company’s websites that provides the Customer with real-time information on the exchange rate of certain currencies, as well as with the program’s facilities to execute trades in Forex, CFDs and other financial instruments via the web, telephone and any other features, content or services that the Company may add in the future.
- The Terms supersede any prior express or implied agreements, arrangements or representations made by the Company or its employees, affiliates or business introducers. The Terms are effective upon Customer’s acceptance of the Terms and Conditions during the registration process with the Company.
- All words denoting only the singular number shall also include the plural, wherever the definitions apply and vice versa, and words denoting natural persons shall include juridical persons and The words denoting any gender include all genders and whenever reference is made to the terms “Sections” and “Appendices” it refers to paragraphs, sections and appendices.
- Section headings are for ease of reference only and do not affect their interpretation.
4. DEFINITIONS AND INTERPRETATION OF TERMS
- The defined terms included in the Terms shall have the following meaning:
“Access Codes” means the unique codes to be determined by the Client to enable its access to the Company’s trading platform and/or its Trading Account through the Company’s electronic systems.
“Ask” means the highest price in a quotation at which the Client may purchase a financial instrument offered by the Company.
“Authorized Representative” means the natural or legal person authorized by the Client to act on its behalf.
“Agreement” means these Terms and Conditions for the products and services offered by the Company, as amended from time to time and any subsequent Addendum added thereto.
“Applicable Regulations” means legislation, directives, circulars or other FSA regulations issued by the FSA and governing the operations of securities dealers, the Anti-Money Laundering (AML) Act and all other applicable laws and regulations in force and as amended from time to time. Anti-Money Laundering Act 2016, as amended in 2008 and 2011, as well as Anti-Money Laundering and Terrorist Financing Procedures Directions for Reporting Entities in New Zealand.
“Balance” means the total financial result of all completed transactions and any deposits/withdrawals and any charges/expenses collected on the trading account within any period of time.
“Balance currency” means the currency under which the trading account has the reference and with which the Client buys or sells the instruments in question. It should be noted that all charges, including spreads, commissions, fees and swaps, are calculated in the currency of the balance.
“Base currency” means the first currency represented in a currency pair. For example, in the EUR/USD currency pair, the base currency is the EUR.
“Bid” means the lowest price in a Quotation at which the Client may sell any financial instrument offered by the Company.
“Business Day” means all business days, excluding Saturdays and Sundays, and any international banking holidays or any other holidays announced on the Company’s website www.Solidaryprime.trade.
“Charges” means all charges, fees, fees, margins, rebates, swaps or other remuneration payable to the Company in connection with a transaction.
“Customer Bank Account” means an account held in the name of Customers and/or in the name of the Company on behalf of Customers with a bank or other institution or any electronic payment provider or credit card processor.
“Company Website” means the Website and any other website that the Company may own and operate from time to time. The Company will take all reasonable steps to ensure that the information disclosed on its website is current and continuously accessible.
“Contract Specifications” means all necessary operational information regarding payment rates, maturity date, etc., as determined on the Company’s main website www.Solidaryprime.trade.
“Contracts for Difference” means a CFD on spot foreign exchange (“FX”), equities, spot metals, futures or any other CFD-related instrument that is available for trading. A complete list of financial instruments is available online on the Company’s website.
“Corporate action” means any action taken by an issuer, the quoted values of which are associated with financial instruments traded through the Company’s trading platform(s), including, but not limited to instances of: (i) stock splits, (ii) consolidation, (iii) rights issues, (iv) merger and acquisition, and (v) dividends.
“Client” means a natural or legal person, accepted by the Company as its Client and to whom the Company provides its services.
“Client’s trading account” means Client’s individual and personalized trading account and includes all completed transactions, open positions and orders in the Company’s online trading system, and Client’s balance and deposit/withdrawal transactions.
“Client Agreement” means the agreement between the Client and the Company regarding the investment services provided by the Company, which also includes the Company’s policies which can be found on the Company’s website.
“Customer’s trading terminal or platform” means the platform used by the Company or any updated trading platform, or an updated version, plus any web and mobile trader trading platform facilities, used by the Customer to obtain information on underlying markets in real time, to transact, place, remove or modify orders, as well as to receive notifications from the Company and maintain a record of transactions.
“Closed position” means a trade that is no longer active and has been closed by a Client, on which some profit or loss is realized.
“Company’s online trading system” means the software used by the Company, which includes the set of its computing devices, software, databases, telecommunication hardware, a trading platform, all programs and technical facilities providing real-time quotations, which makes it possible for the Client to obtain information on the underlying markets in real time, make technical or any other analysis on the markets, perform transactions, place/delete/modify orders, receive notifications from the Company and keep a record of transactions and calculate all mutual obligations between the Client and the Company. The Company’s online trading system consists of servers and the Client’s terminal.
“Customer Account Currency” means the currency in which the Customer Account is denominated.
“Dormant Account” means Customer’s trading account in which there have been no transactions for a period of 30 calendar days.
“Annual Inactive Account Management Fees” means the fees charged to inactive accounts as explained in detail in Section 23 herein.
“Durable medium” means the medium of electronic communication that is considered acceptable for the provision of information because it allows a Customer to store information personally addressed to that Customer in a manner that is accessible for future reference and for a period of time appropriate for the purposes of the information and that permits unaltered reproduction of the stored information.
“Equity” means Balance plus or minus any floating profit or loss derived from any open position (after deducting all charges and the application of any spread upon closing of a position) and shall be calculated as: Equity= Balance +/-
Floating profit/loss – Charges
“Execution” means the execution of Clients’ orders on the Company’s trading platform, where the Company acts on behalf of Clients to execute their orders/transactions (through the Execution Venue).
“Execution Venue” means the entity before which the Client’s orders, assets or securities are placed and/or to which the Company transmits the Client’s orders for execution.
“FATCA” means the U.S. federal law “Foreign Account Tax Compliance Act.”
“Forex or FX” stands for foreign exchange market (also known as over-the-counter market).
“Financial markets” means international financial markets in which exchange rates for currencies and other financial assets are determined in transaction between multiple parties.
“Financial Instruments” means any of the financial instruments, Forex, CFD and/or any other financial instruments offered by the Company in accordance with its license and under applicable laws or regulations in New Zealand.
“Floating gain/loss” means the unrealized gain/loss from open positions at current prices of the underlying assets/assets.
“Free margin” means client account funds that are available as collateral (to open a position or to maintain an open position) and exceed the margin requirement: Free Margin= Capital – Margin.
“Management Fees” means fees charged by the Company to the Customer’s Trading Account in cases of non-compliance with the Terms and Conditions of Business and are explained in detail in Section 19 of the Terms: “The Company’s Fees, Commissions, Costs and Associated Charges”.
“Introducing Broker” means a third party who introduces prospective Clients to the Company.
“Initial margin” means the necessary margin required by the Company to open a position for each type of financial instrument.
“Limit order” means an order to execute a trade at a specific price or better.
“Lot” means the unit representing the volume of a transaction. It should be noted that, for currency pairs, 1 lot equals 100,000 units of base currency, e.g. 1 lot in EUR/USD equals 100,000 EUR; therefore, 0.1 of a lot is 10,000 units and 0.01 of a lot is 1,000 units of base currency.
“Manifest Error” means a manifest or obvious misquote by the Company, or any market, liquidity provider or official pricing source on which the Company has relied in connection with any transaction, taking into account current market conditions at the time an order is placed as reasonably determined by the Company. In determining whether a situation amounts to a manifest error, the Company may take into account any information in its possession, including information regarding all relevant market conditions and any errors or lack of clarity in any source of information or announcement. The Company, in making a determination as to whether a situation amounts to a manifest error, will act fairly towards the Client.
“Margin” means the required funds that must be available in an account for
operations to open a position and are used to guarantee the Client’s liability for any loss it may incur with respect to any transaction and are determined at the Company’s absolute discretion.
“Margin level” means the ratio of equity to margin calculated as: Margin level = (Equity / Margin) *100: determines the condition of the Clients’ trading account.
“Market Maker/Liquidity Provider” means the firm that provides quotations for the bid and ask price of a financial instrument to the Company.
“Minor” means a person under 18 years of age or under the legal age for trading CFD/FX and/or any other financial instrument.
“Online Application Form” means the electronic registration form available on the Solidary Prime Company’s website that a prospective Customer must complete to become a Customer of the Company.
“Open position” means any long or short position that has not been closed.
“Order/Orders” means the request/instruction given by the Client to the Company and/or the Company’s platform(s) to open or close a position in the Client’s account when the price reaches the predefined order level.
“Company’s trading time” means the period of time within a business week, during which the Company’s trading terminal gives the opportunity to make trading operations. The Company reserves the right to modify this time period as appropriate, upon notice to the Customer through the Company’s website or any other means of written communication.
“Over the Counter (OTC)/Over-the-counter (OTC) means any contract relating to a commodity, security, currency or other financial instrument(s) that is not traded on a regulated stock or commodity exchange, but as an “over-the-counter (OTC) sale.”
“Parties” means the parties, i.e., the Company and the Client.
“Pending Order” means a Customer order that is scheduled to be executed once the price has reached the requested level of the order and may be a buy stop, sell stop, buy limit, sell limit order or limit stop order.
“Politically Exposed Person (“PEP”) means a natural person who is or has been entrusted with prominent public functions in the Republic or in another country, immediate family member of such person, as well as a person known to be a close collaborator of such person:
It is further understood that, for purposes of the definition of person, important public function means any of the following functions:
- heads of state, heads of government, ministers and deputy ministers;
- members of parliament or similar legislative bodies;
- members of the governing bodies of political parties;
- members of supreme courts, constitutional courts or other high-level judicial bodies, whose decisions are not subject to further appeal, except in exceptional circumstances;
- members of courts of auditors or central bank boards;
- ambassadors, chargés d’affaires and high-ranking officers of the armed forces or social security;
- members of administrative, management or supervisory bodies of state-owned companies;
- directors, assistant directors and members of the board of directors or equivalent function of an international organization;
No public function referred to in items (a) through (i) shall include middle or lower ranking officials. It is further understood that close relative of a politically exposed person includes the following:
- the spouse, or person considered equivalent to a spouse, of a politically exposed person;
- children and their spouses or persons considered equivalent to the spouse, of a politically exposed person;
- the parents of a politically active person
A person known to be a “close associate” of a politically exposed person means:
- natural persons who are known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relationship, with a politically exposed person
- natural persons who have sole beneficial ownership of a legal entity or legal arrangements that are known to have been created for the benefit of a politically exposed person’s factor.
“Power of Attorney” means the power of attorney to authorize a third party to act on behalf of the Client in all business dealings with the Company.
“Quotations” means any bid and offer prices transmitted by the Company, subject to instances beyond the Company’s control, through the trading platform(s).
“Quote currency” means the second currency represented in the currency pair that the Client can buy or sell for the base currency; for example, for the GBP/USD currency pair, the quote currency is the U.S. dollar.
“Reference asset” means an asset of any description, including a currency or currency pair or an index, or as a stock or other designated factor in a CFD transaction
which refers to fluctuations in value or price for the purpose of determining profit or loss under the CFD transaction.
“Registration Process” means the online account opening procedure that the Client does to open a trading account with the Company.
“Registration Data” means the information and documents requested by the Client during the registration process to open a trading account with the Company.
“Regulated Market” means the multilateral system managed or administered by a market operator and which brings together or facilitates the bringing together of multiple third-party buying and/or selling interests in financial instruments – in the system and in accordance with its non-discretionary rules – in a manner that results in a contract, in respect of financial instruments admitted to trading under its rules and/or systems, and which is authorized by a competent authority as such and operates regularly.
“Retail client” means a client who is neither a professional client nor an eligible counterparty.
“Services” means the investment services to be provided by the Company to the Client and governed by the Terms.
“Service Agreement” means the Terms and Conditions and any other relevant information contained on the Company’s website, including but not limited to the information contained in the Legal Documents sections, as amended from time to time and presented on the Company’s websites.
“Swap rate” means a fee by the Company for the interest cost and associated costs (positive or negative) assumed in connection with overnight rollovers of an open position.
“Spread” means the difference between the bid price and the ask price of a quoted bid price for a financial instrument.
“Stop Loss Order” means an order placed to close a position once it reaches a specific price in order to protect against further losses and avoid possible close-outs/stop-outs.
“Stop Out” means an instruction to close the Client’s open position without the Client’s consent or any prior notice in case there were insufficient funds to maintain the open positions.
“Take Profit Order” means an instruction that is attached to an instant execution or pending order to secure profits.
“Trade Confirmation” means a notification from the Company’s trading platform to the Client confirming the Client’s entry into a transaction.
“Hours of Operation” means the period of time during which trading begins and closes, excluding official holidays announced on the Company’s website.
“Trailing Stop” means a type of stop-loss order connected to an open trade, which is triggered once the specified level is reached. The trailing stop moves as the price fluctuates to lock in your potential profits.
“Transaction” means any type of transaction subject to the Terms effected in the Client’s trading account(s), including but not limited to deposits, withdrawals, open trades, closed trades and any other transactions in any financial instrument.
“Underlying asset” means the financial instrument (e.g., stocks, futures, commodities, currencies, indices) on which the price of a derivative is based.
“U.S. reportable account” means a financial account maintained by a New Zealand reporting financial institution and held by one or more specified U.S. persons or by a non-U.S. entity with one or more controlling persons that is a specified U.S. person. Notwithstanding the foregoing, an account will not be treated as a U.S. reportable account if such account is not identified as a U.S. account.
“U.S. Account Holder” means the person listed or identified as the holder of a financial account by the Financial Institution maintaining the account. A person, other than a Financial Institution, who holds an account financial account for the benefit or account of another person as agent, custodian, representative, signatory, investment advisor or intermediary, is not considered an account holder for purposes of these Terms, and such other person is considered an account holder. For purposes of the immediately preceding sentence, the term “Financial Institution” does not include a Financial Institution organized or incorporated in a territory of the United States. In the case of a cash value insurance contract or annuity contract, the account owner is any person entitled to access the cash value or change the beneficiary of the contract. If no person can access the cash value or change the beneficiary, the account owner is any person named as owner on the contract and any person with a vested right to payment under the terms of the contract. Upon maturity of a cash value insurance contract or annuity contract, each person entitled to receive a payment under the contract is treated as the account owner.
“U.S. person” means a U.S. citizen or resident person, a partnership or corporation organized in the United States or under the laws of the United States or any State thereof, a trust if (i) a court within the United States would have authority under applicable law to make orders or judgments concerning substantially all matters relating to the administration of the trust, and (ii) one or more U.S. persons have the authority to control all substantial decisions of the trust, or the estate of a decedent who was a citizen or resident of the United States.
“Written Notice” means an email sent by the Company to the Customer’s registered email address, as indicated on the online registration form, or which the Company has agreed to in writing.
5.RISK RECOGNITION
- Trading in Forex, CFDs and derivative instruments is highly speculative, carries a high level of risk and may not be suitable for everyone. As a Client, you may lose some or all of your invested capital, therefore, you should not speculate with capital that you cannot afford to lose. As a Client, you should be aware of all risks associated with trading Forex, CFDs and any other financial instruments provided by the Company’s platforms. As a Client, you also understand that when you trade Forex/CFD and any other financial instruments provided by the platform, you are trading based on the price performance of an underlying asset and that the trades do not occur in a regulated market but in an over-the-counter (OTC) market. Accordingly, you acknowledge the risks involved in transactions in such instruments as indicated below.
- The Client agrees that he/she has understood and accepted that the value of any investment in any type of financial instrument, including Forex and CFD, may vary upwards or downwards or may result in no The Client is also aware and acknowledges that there is a great risk of having losses and damages of part or all of the initial investment as a result of the investment activity (buying and/or selling of financial instruments/Forex/CFD) through the Company and the Company’s trading platform and agrees that he/she is willing to assume this risk by entering into this trading relationship, including any costs that may be incurred during such relationship with the Company. Customer further acknowledges that margin requirements as such are specified herein.
- The Client acknowledges and agrees that there may be other risks that are not contained in this document and that it has read, accepted and understood all risks involved and, therefore, accepted and understood the Risk Disclosure, a document required for the registration process with the Company to be consulted on the Company’s website.
6. SERVICES
- The Company will offer brokerage and trading services in financial instruments and Forex/CFDS on underlying assets as permitted by applicable law.
7.PROCEDURE FOR OPENING A CUSTOMER ACCOUNT
- The Company welcomes applications to open trading accounts from Clients trading in Forex, CFD or other financial instruments with previous experience or with good faith and effort to acquire knowledge and experience in trading these instruments To use the Company’s services, products and trading platforms, the Client must register with the Company by completing the Company’s online Application Form and providing his/her personal data, financial profile, knowledge and experience, as well as the necessary identification documents requested by the Company as Registration Data.
- When the Customer registers on our website to receive our services, the Company will require the Customer to present certain identification documents based on its internal procedures in order to agree to open and/or continue using a Customer account.
- After each Client completes and submits the Company’s Online Application Form along with all required documentation requested by the Company, the Company will perform all internal checks, such as verification of the Client’s identity, anti-money laundering and customer suitability testing, and will send a notification to the Client informing him/her whether or not he/she has been accepted to continue trading his/her account as a Client of the Company. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients who live in certain countries, while reserving the right to onboard Clients during the establishment of a business relationship. The Company may further exercise its discretion and provide its services to a Client by waiving any request for documentation for a specified period.
- You agree that you must provide us with true, accurate, current and complete information about yourself or your company during the registration process, and you also agree not to misrepresent or conceal your identity from the Company. The Customer also agrees and confirms that he/she will use his/her account in his/her own name and that he/she does not at any time intend to act fraudulently or impersonate any other person for any purpose. The Customer further agrees and undertakes to notify us of any changes to their personal or financial information in writing by emailing us at support@Solidaryprime.trade. If the Company becomes aware of any fraudulent or illegal activity, inaccuracy in registration data or failure to comply with the Company’s due diligence requirements, the Company may suspend the Customer’s account.
- Client acknowledges the imposition of an inactivity fee in accordance with Section 23 below, which on all accounts the Company will charge all clients and prior to approving any requested withdrawals and/or prior to the Company returning any funds received to clients with whom it has terminated its relationship due to their refusal or omission or delay in submitting necessary and/or requested identification documents and/or any other requested information to the Company’s satisfaction.
- During the registration process, the Customer will be given a user name and password that must be used by the Customer only each time the Customer accesses the website to use our services. For your protection, Customer should not share your registration information with any other person or business entity for any purpose whatsoever, including but not limited to facilitating unauthorized access and use of the service. If Customer believes that someone has used or is using its registration information, username or password to access any service without its authorization, Customer must immediately notify the Company’s Back-Office Department in writing at support@Solidaryprime.trade.
- When you register with the Company, you acknowledge your willingness to share with the Company certain private information that the Company uses to confirm your identity and categorize you in accordance with the Company’s Customer Categorization Policy. This information is collected in accordance with the Company’s verification procedures which are
used to deter money laundering activities and to ensure the security of our Client’s business activity and is subject to the Company’s Privacy Policy. By registering with the Company and using the Company’s products and services, the Client confirms and agrees that it consents to the use of all or part of the information it provides about its trading account, the transactions it conducts through it and its dealings with the Company in accordance with the provisions of the Data Protection Act 2002, as amended from time to time. All interactions and dealings the Customer has with the Company will be retained by the Company for record keeping purposes as required by applicable law and may be used by the Company in cases where disputes arise between the Customer and the Company or at the request of any relevant competent authority.
- If the Client registers as a legal entity, it hereby declares that it has the authority to bind that entity to the Terms and Conditions hereof. The Company will treat with care the information entrusted to it by the Client in accordance with the disclosures it makes during the Registration process and the legal documents.
- The Client assumes full responsibility for any investment strategy, transaction or investment, tax costs and any consequences arising from any transaction it enters into and acknowledges and agrees that the Company shall not be liable and agrees that it shall not rely on the Company for the foregoing.
- The Company’s hours of operation are from 06:00 am GMT on Monday until 3:00 pm GMT on Friday, excluding official holidays, as announced from time to time. The Company reserves the right to suspend or modify the hours of operation at its own discretion and in such event its website will be promptly updated so that the Customer is informed accordingly. The Company has the right to refuse to provide any service to the Client, at any time, without being obliged to inform the Client of the reasons in order to protect the legitimate interests of both the Client and the Company. It is further noted that, in the case of existing customers, the Company may proceed to terminate the business relationship with the Customer by giving an explanation at its sole discretion.
- From time to time, the Company may communicate with the Client, either by telephone, email or any other means of communication in order to provide the Client with more information about the Company, FX and CFD trading/financial markets.
- The Company may, in its sole discretion, arrange for a transaction to be conducted with or through the agency of an intermediary broker, who may be an associate of the Company and may not be in Neither the Company nor its respective directors, officers, employees or agents shall be liable to the Client for any act or omission of an intermediary broker or agent. No liability will be accepted for brokers or agents selected by the Client.
- Among the other criteria for accepting a potential Client as a Client of the Company, the potential Client must deposit the minimum initial deposit of USD two hundred and fifty (250.-) or its equivalent or another amount in another currency (according to the account currency).
Customer) as determined by the Company.
- The Client further acknowledges that, regardless of the Client’s choice during the registration process regarding the amount of leverage for his account, the platform and/or the Company will automatically determine it in accordance with the instruments in question, as published by the competent authorities from time to time and/or in accordance with the Company’s policies and procedures. The Company is entitled to assume that it has sufficient knowledge and experience.
- If you choose not to provide the Company with the requested information or if you provide us with insufficient information, the Company will reject your application to open a Trading Account for the provision of services.
- In the case of joint operating accounts of two or more persons who together shall be deemed to be a Customer of the Company, the obligations of the Customer shall be joint and several and any reference in the Agreement to the Customer shall be construed, if any, as a reference to one or more of such persons. Any warning or other notice given to any one of the persons forming the Client shall be deemed to have been given to all the persons forming the Client. Any order given by one of the persons forming the Client shall be deemed to have been given by all persons forming the Client pursuant to the acknowledgment form to be signed between such persons at the request of the Company before proceeding with the examination of a joint account application. The Company reserves the right to request information and/or evidence about the relationship between such persons, as well as to conduct customer identification procedures before approving a joint account. In addition, the Company reserves the right to refuse to provide a joint account if it is not satisfied with the true relationship between the individuals and/or if the individuals refuse to provide identification documentation and/or if the Company has reason to be suspicious and/or or refuse to provide its services.
8. ELIGIBILITY
- Our services are available and may only be used by persons or companies that can enter into legally binding contracts under the law applicable to their country of residence. Without limiting the foregoing, our services and/or use of the trading platform are not available to employees and directors of the Company, to persons who are not of sound mind and/or legal competence and to persons under the age of 18 or otherwise under the age of majority (hereinafter the “Minors“). If you are a Minor, you may not use this service. For the avoidance of doubt, we shall not be liable for any unauthorized use of our services by minors in any way. In addition, our services and/or trading platform are available and may only be used by persons who have sufficient experience and knowledge of financial matters to be able to evaluate the merits and risks of entering into financial contracts through the Company’s websites and have done so without relying on any information contained on the Company’s website.
- The Customer agrees and acknowledges that he/she shall be solely responsible for any decision taken and/or
to be taken by the Client based on the content of the website. Without exception to the above provision, the Company shall not be responsible for the information provided by the Client during the procedure of account opening and suitability assessment. The Company shall not be liable for Clients who, accepting a risk warning given by the Company, wanted to proceed with the activation of the trading account and perform transactions, nor shall the Company be liable for any damages and/or losses incurred by the Client due to and/or related to the website, transactions performed by the Client and/or the use of the services by the Client. The offering of foreign exchange and CFDs on various underlying financial and other assets may not be legal in some jurisdictions. The Client understands and agrees that the Company cannot provide the Client with any legal advice or warranty with respect to its use of the services and the Company makes no representation as to the legality of the services in the Client’s jurisdiction. Our services and/or operating platform are not available where their use is illegal, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion. For the avoidance of doubt, the ability to access our website does not necessarily mean that our services and/or the Client’s activities through it are legal under the relevant laws, regulations or directives of the Client’s country of residence.
9. ELECTRONIC OPERATION AND USE OF THE COMPANY’S OPERATING PLATFORM
- Upon approval of the Client by the Company, the Client may use the Company’s online trading platform, which is available on the Company’s website, and receive access codes that will allow the Client to log in and transact with the Company.
- The Client is responsible for any instructions/transactions received/entered through the trading platform, either directly from the Client or through an authorized representative.
- Customer agrees and consents to use software programs developed by third parties, including, but not limited to the generality of those mentioned above, browser software that supports data security protocols compatible with the protocols used by Company. In addition, Customer agrees to follow the Company’s login procedure that supports such protocols.
- The Company shall not be liable in case of unauthorized access by third parties to information including, but not limited to email addresses and/or personal data, through the exchange of this data between the Client and the Company and/or any other party using the internet or other available electronic network or medium. Customer is solely responsible for ensuring that only he/she has access to his/her account credentials and that no other person has access.
- The Customer acknowledges that the Company has the right, unilaterally and with immediate effect, to suspend, withdraw, restrict, modify or even terminate access to the
Customer to the Company’s electronic systems and/or operating platform if deemed necessary. This measure is in place to ensure the unimpeded operation of the electronic systems to operate and protect the interests of the Customer and the Company and may be applied when the Company deems it necessary or advisable to do so, for example due to the Customer’s failure to comply with applicable Regulations, failure to comply with any of the provisions hereof, in the event of an Event of Default, network problems, power failure, for maintenance or to protect the Customer where there has been a security breach.
- Customer remains fully responsible for any and all positions traded on its account and for any credit card transactions entered on the website for its account. The Client agrees to fully indemnify the Company in respect of all costs and losses the Company may incur as a result, directly or indirectly, of the Client’s failure to make or settle any such transaction. The Client further agrees that in the event that any CFD/Forex and/or other financial instrument is purchased or sold at prices that do not reflect its market prices, or is purchased or sold at an abnormally low level of risk (hereinafter the “pricing anomaly“) due to an undetected programming error, failure, error or failure in the Company’s website software or any other reason resulting in a pricing anomaly (for purposes of this section, the “Error“), the Company reserves the right to cancel such transactions by notifying the Customer of the nature of the computer error that led to the Pricing Anomaly.
- The Client’s access codes, trading activities and all other related information must remain confidential at all times and the Company assumes no responsibility for any financial loss that may arise if the Client discloses his access codes to a third party not The Client is responsible for all acts or omissions occurring in his trading account and/or trading platform through the use of his access codes. Accordingly, the Client shall be responsible for any order received by the Company through its trading account and/or placed on the trading platform using its access codes. Any order received by the Company shall be deemed received from the Client.
- The Customer shall immediately inform the Company in writing in the event that its access codes have been compromised/lost and/or used by another party without its consent.
- In cases where there is an interruption in electronic trading and the Client is unable to access the online trading platform (internet, the electricity or the platform caused delay), the Client must contact the Company by telephone or email to request an approval for placement. of a verbal instruction. The Company may, in certain circumstances, accept instructions by telephone through the Company’s trading room, but the Client understands and agrees that it is in the sole discretion of the Company to accept a transaction over the telephone and that the Company’s decision on this matter is final. The Client also understands that if the instructions are unclear or the Client’s identity cannot be verified or if the transaction is complicated or if the quality of the line of communication is poor, the Company reserves the right to refuse any verbal instructions and/or request the
Customer to give instructions by such other means as the Company deems appropriate. In addition, the Client should recognize that in circumstances of a large flow of transactions (announcement of important market news) there may also be some delay in responding to its request to accept a verbal instruction. The Company is not responsible for any power outages or failures that prevent the use of the Company’s systems and/or trading platform and cannot be held liable for failure to perform any obligations under the Terms due to network or power connection failures.
- The Company shall be responsible for maintaining and updating its electronic systems at all times and, therefore, the Customer must accept the need for periodic maintenance to ensure the effective functioning of the operating platform and that the Company assumes no liability for any loss incurred during maintenance.
- The Company shall not be liable for any loss or damage that the equipment or software may suffer due to viruses, malfunctions or defects in its electronic systems. In addition, the Company shall not be liable for any delays, inaccuracies or possible damages the Customer may suffer as a result of transmission errors, technical failures, malfunctions, illegal intervention in network equipment, network overloads, viruses, system errors, execution delays, malicious blocking of access by third parties, internet malfunctions, outages or other deficiencies by internet service providers or generally for any cause beyond the reasonable control of the Company. The Client acknowledges that access to the electronic systems/trading platforms may be limited or unavailable due to such system errors, and that the Company reserves the right by notifying the Client to suspend access to the electronic systems/trading platforms for these reasons.
10. CUSTOMER INSTRUCTIONS AND ORDERS
- The Client shall give instructions to the Company through the trading platform or other electronic means as determined in the Terms. The Client agrees that the Company has the right to partially execute its
- The Client acknowledges that the Company transacts with the Client as agent, in that the Company will transmit orders to liquidity providers/market makers for execution and/or undertake to act as market maker.
- The Client may open positions and/or close existing positions through the Company’s trading platform and/or place orders with the Company on any type of Forex, CFD or any other financial instrument that the Company
- Customer orders are executed at Bid and Ask prices at the current available market prices offered by the Company through its liquidity providers/market makers. To open a trade, the Customer places his order based on the current prices displayed on his terminal and/or on the
Company’s operations and the execution process is triggered. The Client acknowledges and agrees that due to high market volatility and/or low internet connection between the Client’s terminal and the Company’s server, the prices requested by the Client and the current market price may change in the period between the Client placing his/her order with the Company and the time it is executed. Furthermore, the Client acknowledges that in the event of a communication and/or technical error/failure affecting quoted prices (e.g., prices freeze or stop updating or increase), the Company reserves the right not to execute an order or, in cases where it was executed, to change the opening and/or closing price of a particular order or to cancel such executed order.
- The Company may, in certain circumstances, accept instructions by telephone, provided that it is satisfied, in its sole discretion, as to the identity of the Client and, in addition, is satisfied as to the clarity of the Client’s instructions and that the Company’s decision on this matter is final. To this effect, such calls and instructions shall be recorded at all times, while a designated record shall be maintained by the chief trader as recorded evidence of the receipt and execution of such orders by telephone. In the case of an order received by the Company by any means other than through the trading platform, the Company shall transmit the order to the trading platform and process it as if it had been received through the trading platform.
- It is understood that an order will not be considered until it is actually received by the Company. It is noted that instructions and orders have the same meaning. If the Company wishes to confirm in any way any instruction and/or order and/or communication sent by telephone, it reserves the right to do so. The Client accepts that there is a risk of misinterpretation or error in instructions or orders sent by telephone, regardless of their cause, including but not limited to technical failures. The Customer acknowledges that the Company will maintain recordings of all telephone transactions without any prior written consent to ensure that all relevant information transmitted by telephone is properly recorded. The records retained are the property of the Company and may be used by the Company as it deems appropriate as evidence of the Customer’s instructions and/or transactions.
- In the event of the materialization of a corporate action, the Client agrees that the Company has the right to proceed to alter the value and/or size of a transaction. An alteration would be made to maintain the economic equivalent of the rights and obligations of the parties to that transaction prior to a corporate action. Alterations are conclusive and binding and the Company will adequately and promptly inform the Client.
- Once instructions or orders are received by the Company from the Client, they cannot be revoked except with the written consent of the Company, which may be given in its sole and absolute discretion. The Company reserves the right not to accept the Client’s orders, in its absolute discretion, and in such event the Company shall not be obliged to give a reason, but shall promptly notify the Client accordingly.
- The Company reserves the right of partial execution of orders in cases where the volume of the Client’s order and/or market conditions dictate such action. In the event that any underlying asset of a financial instrument is subject to a specific risk resulting in a financial loss, then the Company has the right to restrict short sales or even remove the aforementioned financial instrument from the trading platform. There may also be restrictions on the number of transactions that the Client may make on any given day and also in terms of the total value of those transactions when using an electronic service. The Client acknowledges that some markets impose restrictions on the types of orders that can be transmitted directly to their electronic trading systems. These types of orders are sometimes described as synthetic orders. The transmission of synthetic orders to the market is dependent upon the accurate and timely receipt of prices or quotes from the relevant market or market data provider. Customer acknowledges that a market may cancel a synthetic order by updating its systems, trading screens may remove the record of such an order and Customer enters such orders at its own risk. The Client should see the Company’s website for details of any restrictions/limits imposed on transactions made through its electronic systems and/or trading platforms.
- The Company has the right to change the spreads of financial instruments according to market conditions and the size of the Client’s order. In addition, the Company has the right to change the level of the swap rate applied to each type of financial instrument at any given time and the Client understands that in such case it will be informed through the Company’s website and/or trading platform. The Client further acknowledges that it is responsible for reviewing the contract specifications located on the Company’s website , where applicable, as well as consulting the trading platform for exact swap rates prior to placing an order with the Company.
- The Company makes all reasonable efforts to promptly execute any order, but by accepting orders from the Client, the Company does not represent or warrant that it will be possible to execute such order or that execution will be possible in accordance with the Client’s instructions. In the event that the Company encounters any significant difficulty in executing an order on behalf of the Client, for example, in the event that the market is closed and/or due to illiquidity of financial instruments and other market conditions, the Company shall promptly notify the Client.
- Orders can be placed, executed, cancelled, renewed or deleted only during the operating (trading) hours and can remain effective during the next trading session or until the Client’s order will be valid and in accordance with the type and time of the given order, as specified.
- The Company may require the Client to limit the number of open positions it may have with the Company at any time and the Company may, at its sole discretion, close any one or more transactions to ensure that such position limits are maintained. Position limits will be notified in advance to the Client either through the Company’s website or trading platforms.
- If any underlying Forex asset, CFD or any other financial instrument becomes subject to a specific risk resulting in an expected fall in value, the Company reserves the right to remove the specific Forex, CFD or financial instrument from the Company’s trading platform.
- The Company has the right to establish control limits on Customer orders at its sole discretion. Such limits may be modified, removed or added and may include, without limitation:
- Controls on the amount and maximum size of the order;
- Controls on electronic systems and/or trading platforms to verify, for example, the identity of the Client during order reception; or
- any other limit, parameter or control that the Company deems necessary to implement in accordance with applicable regulations.
- Confirmations of all transactions that have been executed on the Client’s trading account on a trading day will be available through the Client’s online trading account on the trading platform as soon as the transaction is executed. It is the Client’s responsibility to notify the Company if any confirmation is Confirmations shall, in the absence of manifest error, be conclusive and binding on the Client, unless the Client objects in writing within two (2) days.
- With respect to any manifest error, the Company may (but shall not be obligated to):
- amend the details of each affected transaction to reflect what the Company can reasonably determine to be the correct or fair terms of such transaction in the absence of such manifest error; or
- declare any or all of the affected transactions null and void, in which case all such transactions shall be deemed not to have taken place.
- The Company shall not be liable to the Customer for any loss (including any loss of profit, revenue or opportunity) which the Customer or any other person may suffer or incur as a result of or in connection with any manifest error (including any manifest error on the part of the Company) or the Company’s decision to maintain, modify or declare void any affected transaction, except to the extent such manifest error resulted from the Company’s willful default or fraud, as determined by a court of competent jurisdiction in a final non-appealable judgment.
- The Client acknowledges that all orders are executed by the Company as STP broker and/or market maker on behalf of the Client and that all orders are executed on an unregulated and/or over-the-counter (OTC) market.
- Abusive operations in CFD/Forex trading:
Abusive operations are defined as those strategies that deliberately exploit technical deficiencies in the platform, latencies in the servers or irregularities in liquidity to obtain an unfair advantage over the broker.
This concept includes, but is not limited to:
High frequency scalping – The repeated execution of trades with a duration of less than 60 seconds, when this pattern forms the basis of the strategy and does not occur on an occasional basis.
Technological arbitrage – Any modality that takes advantage of price lags, delays in execution or other anomalies derived from technical limitations.
Exploitative news trading – The systematic exploitation of the delay in the update of quotes during high volatility events (such as macroeconomic publications), trading with public information but before its effective reflection on the platform.
These practices are qualified as abusive because they distort the natural risk balance of the market, artificially shifting operating costs to the broker and compromising its legitimate business model.
If the Company reasonably suspects that the Customer engaged in one or more abusive transactions, it may, in its absolute and sole discretion, at any time and without prior written notice, take one or more of the following actions:
- terminate the business relationship;
- block the Client’s access to the trading platform and/or trading account;
- suspend, prohibit or restrict the Customer’s business activities or any other services;
- close any open positions;
- refuse, decline or refuse to transmit or execute an order from the Customer;
- cancel the client’s orders even if they have already been executed;
- Revert the funds to their source of origin or to the true beneficial owner;
- cancel or reverse the profits obtained through abusive operations;
- take legal action to recover any losses suffered by the Company;
11. OPEN/CLOSE ORDERS/TRANSACTIONS
- To open an FX and/or CFD transaction on the trading platform, you must open a buy or sell order, at the price quoted by the trading platform at the time of the transaction.
- On the trading platform, the Client shall be entitled to make an offer to open a transaction at the best price available on the trading platform (“market order“) at the time such transaction is opened, unless it specifies a particular price at which to make an offer to open a transaction (“limit order“). With respect to a market order or limit order, the price at which a transaction is filled may not always be the exact rate shown when the order is submitted. Customer agrees that its offer to open a market order or limit order may be accepted at a price lower or higher than the price indicated by Customer in its market order or limit order, within a certain range as specified on the trading platform under specific market conditions. At any time prior to the acceptance of an order, the Client may cancel such order without any additional liability. If the Client chooses to open a market or limit order, its bid will be accepted at the best possible price offered on the trading platform.
- Orders may be placed and (if permitted) changed within the trading hours for each type of FX and CFD listed on the Company’s website, as amended by the Company from time to time, at the Company’s discretion. The Client agrees that the order to be opened, if accepted by the Company outside trading hours, may not be able to be executed if the market does not quote at the stipulated price once trading hours commence.
- Pending, unexecuted orders will remain effective until the next trading session (as applicable). All open spot positions will be rolled over to the next business day following the close of trading in the relevant underlying market, subject to the Company’s rights to close the spot position.
- Market orders not executed due to insufficient capital in the trading account will not remain effective and will be cancelled.
- Orders shall be valid according to the type and time of the order given, as specified by the If the time of validity of the order is not specified, the order shall have an indefinite duration. However, the Company may withdraw any or all pending orders if the funds in the trading account are not sufficient to cover the margin requirements.
- Stop Loss and Take Profit orders can be modified, as long as they meet the specified minimum level requirements (keep pending in the trade symbol).
- The Client may change the expiration date of pending orders or delete or modify a pending order before it is executed. To change the expiration date, the Client must cancel the order and place a new order.
- The Client acknowledges and agrees that due to market volatility affecting both price and volumes and factors beyond its control, the Company strives to execute client orders with the best execution reasonably possible under prevailing market conditions; however, the Company cannot guarantee that an order will be executed at the level specified in the Client’s order. In such event, the Company will execute client orders (buy/sell, close at loss, close at profit, Stop Loss, Take Profit, etc.) at the next best available price.
- With respect to a gain close where the price of an underlying asset moves to the benefit of the Client (for example, if the price goes up when the Client buys or the price goes down when the Client sells), the Client agrees that the Company may pass such price improvement on to the Client.
- In the event that the Company is unable to proceed with an order, with respect to price or size or otherwise, the Company will not send a new quotation to the Customer (at the price it is willing to negotiate until the price the Customer requests is available). The order will be rejected and the Customer will be required to place another order.
- The Company may, in its sole discretion, permit the Customer to specify a closing price for a transaction through a “Close at Loss” and “Close at Gain” order, subject always to the terms and any other terms and conditions that the Company may implement from time to time.
- Following Customer’s offer and our acceptance of Customer’s order, Customer hereby authorizes the Company to close the transaction at the “Close at Loss” price or the “Close at Profit” price, as applicable, and as agreed in the order, without further instruction or notice to Customer. We may, in our sole discretion, close the transaction when the price quoted by us on the trading platform equals or exceeds the price accepted by us for such order.
- The Company may, at its sole discretion, allow the Customer to request the opening or closing of the
closing a transaction, including a “close at loss” and “close at gain” order, within a specified period of time determined by the Customer. If the Company has accepted such request, it may, at its sole discretion, close the transaction within such specified time period. The Client acknowledges and agrees that the Company shall not be obligated to close such transaction outside such specific time period or in a manner that does not comply with other agreed upon limitations with respect to such transaction.
- The Company may, in its sole discretion, accept an offer to place a Trailing Stop in connection with a “close with loss”. Customer acknowledges that the original price level set in a “close at loss” may change as the market on the trading platform moves in favor of the While Customer’s Trailing Stop “close at loss” remains in effect, Customer agrees that each change in the market of at least one hundredth of a percentage point (referred to as “Pips” on the trading platform) in its favor will constitute a new offer by Customer to raise the level of its final “close at loss” by one hundredth of a percentage point. Changes in a Pip will be rounded to the nearest absolute value in the Client’s base currency according to the Client’s account type, as will be specified in the trading platform.
- The Client agrees that placing a “Stop Loss” order will not necessarily limit losses to the expected amounts due to prevailing market conditions that may make it impossible to execute such order at the stipulated price and the Company assumes no liability whatsoever.
- The Client agrees that trading operations using additional features of the Client’s trading terminal, such as Trailing Stop and/or expert advisor, are executed entirely under the Client’s responsibility, as they depend directly on his trading terminal and the Company assumes no responsibility. In case of any difficulties with expert advisors, it is suggested to contact the expert advisor providers.
- Swaps
- Any open transactions entered into by the Client at the end of the underlying market’s trading day or over the weekend when the relevant underlying market is closed, will be automatically rolled over to the next business day to avoid an automatic close out and settlement of the transaction. Customer acknowledges that, upon transferring such transactions to the next business day, a swap will be added to or subtracted from its trading account with respect to such transaction (“Rolling“). The amount of the swap is a percentage of the value of the position and is based on a number of factors including, but not limited to, whether the transaction is a purchase or sale, interest rates, underlying asset spreads, daily price fluctuations and other economic and asset-related factors The swap for each asset is displayed on the trading platform and/or the Company’s website and is subject to change. When deciding to open a transaction for an asset
specific, the Client acknowledges that he/she is aware of the swaps displayed on the Company’s website (indicative) and that he/she should consult the trading platform and instrument specifications for the applicable rates/swaps before opening any position.
- It is further acknowledged that in the event of any miscalculation and/or error of a swap rate due to a malfunction of the trading platform and/or failure and/or error of any nature, the Company has the right to update and charge the Client’s account for the exact swap, affected in the Client’s account balance.
- The Company reserves the right, at its discretion, to disable and/or enable trading without a Swap Rate (hereinafter referred to as the “No Swap Trade“) for the Client’s trading account at any given time. Without prejudice to the generality of the foregoing, the imposition of a Swap fee may occur if the Client abuses the Company’s trading conditions/systems or when the Client’s trading strategy imposes a threat to the trading platform or when the Company deems it necessary to protect the proper functioning of its trading platform.
11.1 Maturity transactions
- The Client acknowledges that certain financial instruments have an established maturity date and time.
- If an expiration date is set for a specific underlying asset, it will be displayed on the trading platform/website for each underlying asset. It is the Client’s responsibility to know the expiration date and time.
- If the Client does not close an open transaction with respect to an underlying asset that has an expiration date, prior to such expiration date, the transaction will automatically roll over to the next contract. For more information, please refer to the Rollover section below.
11.2 Spreads
- All FX and other CFDs available with the Company have spreads that appear on the trading platform. Clients should consult daily and before opening any new position the spreads of each instrument. The Company only refers to indicative spreads on its website, so the exact spread can only be calculated by consulting the trading platform. The Company has the right to change its spreads at its discretion from time to time. Such changes will be made on the trading platform and the Client is responsible for checking for updates periodically. Spreads may increase intraday during abnormal and/or other market conditions that affect the trading of certain instruments.
11.3 Corporate actions
- If any financial instrument reference asset that is a security becomes subject to possible adjustment as a result of any of the events mentioned herein, the Company will determine the corresponding 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 taken in order to:
- account for the dilution or concentration effect necessary to preserve the economic equivalent of the parties’ rights and obligations under that transaction immediately prior to that corporate event, and/or
- replicate the effect of the corporate event on someone with an interest in the value of the relevant underlying reference asset, which will be effective as of the date determined by the Company.
- The events referred to herein are any of the following, as stated by the issuer of a security:
- a stock split, consolidation or reclassification of shares, a repurchase or cancellation of shares, or a free distribution of bonus shares to existing shareholders, capitalization or stock split or reverse stock split or similar event;
- a distribution to existing holders of the shares or additional shares, other capital stock or securities, granting the right to the payment of dividends and/or liquidation proceeds of the issuer equally proportionate to such payments to the holders of the underlying shares and securities, or warrants giving the right to receive or purchase shares for less than the current market price per share;
- any other share-related event analogous to any of the above events or otherwise having a dilutive or concentrating effect on the market value of the shares;
- any event analogous to any of the foregoing events or otherwise having a dilutive or concentrating effect on the market value of any non-stock based security;
- any event that is caused by a merger offer made with respect to the Company of the underlying asset;
- advertisements of
- If any financial instrument reference asset that is a security becomes subject to a specific risk resulting in an expected fall in value, the Company reserves the right to restrict short sales or even remove the specific financial instrument from the trading platform.
- Determination of any adjustment or modification to the opening/closing price, size, value, etc.
and/or the amount of the transaction (and/or the level or size of any order) shall be at the sole discretion of the Company and shall be conclusive and binding on the Client. The Company will inform the Client of any adjustment or modification via internal mail as soon as reasonably possible.
- In the event that the Client has open positions on the ex-dividend day for any of the reference assets of financial instruments, 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 internal mail of such adjustment and the consent of the In the event that the Company’s Risk Management believes that the Client is deliberately trying to take advantage of the fact that the shares of a particular spot index are going ex-dividend, the Company reserves the right to apply a dividend adjustment. In the case of short positions, the dividend adjustment will be debited from the Client’s account, where the dividend adjustment will be equal to the declared index dividend x the size of the position in lots.
12. REFUSAL TO EXECUTE ORDERS
- The Client agrees that the Company reserves the right, at any time, to refuse to provide any investment and/or ancillary services, at any time, including but not limited to the execution of instructions to trade any Forex, CFD or any other financial instruments offered by the Company, without prior notice to the Client. The circumstances under which the Company will proceed with the above actions are as follows:
- If the Customer does not have sufficient funds in his account to place the order (together with the respective fees, charges and commissions necessary to carry out the transaction);
- If the order affects, in any way, the reliability, efficiency, good or orderly functioning of the market;
- If the order is intended to manipulate the market of the underlying financial instrument;
- If the order constitutes the exploitation of confidential information;
- If the order affects, in any way, the reliability, efficiency, smooth or orderly functioning of the operating platform; and
- If the order contributes to the legalization of the proceeds of illegal activities such as money laundering, terrorist financing, fraud and/or any other illegal activity.
- If the order is the result of insider trading.
- Internet, connectivity, delays and errors in price display sometimes cause a situation where there is price latency in the electronic systems, so that there is a disparity between the Company’s quoted prices and current market prices during periods of time.
and agrees that it will not execute transactions with the Company that are based on price latency arbitrage opportunities, whether using additional functionality/add-ons or by any other means. If the Customer acts in contravention of this section, the Company is entitled to:
- make corrections or adjustments to the execution prices of relevant transactions to reflect what would have occurred in the absence of price latency arbitrage; and/or
- cancel all relevant transactions; and/or
- cancel without notice the Customer’s account with the Company; and/or
- charge an administration fee equal to 10% of the deposited funds, with the maximum charge set at 200 euros or the equivalent in the currency of deposit. On the condition that a client informs the Company in advance of trading accounts linked to the Company that will be used for a hedging strategy within those accounts (i.e. mirror accounts), the Company will not consider hedging activity in those mirror accounts as an abusive trading strategy.
- The Client understands that any act of refusal by the Company to execute any order shall not affect any obligation of the Client to the Company under the Terms. In the event that the Company refuses to execute an order, such refusal shall not affect any obligation the Client may have to the Company or any rights the Company may have against the Client or its assets. If the order is the result of insider trading, it is understood that any refusal by the Company to execute an order will not affect any obligation the Client may have to the Company or any rights the Company may have against the Client or its The Client also declares that it will not knowingly give any order or instruction to the Company that may instigate the Company to take action.
13. CANCELLATION OF TRANSACTIONS
- The Company has the right to cancel a transaction if it has reason and/or adequate evidence to believe that one of the following has occurred:
- Fraud/illegal actions led to the transaction,
- Orders placed on prices that have been displayed as a result of system errors or malfunctions, either by the Company or its external service providers.
- The Company has not acted in accordance with the Company’s instructions.
- The transaction has been carried out in violation of the provisions of this
- The Company reserves the right to cancel executed transactions if the cancellation provision has been abused or if the transaction has been cancelled.
canceled for every 10 transactions executed. A cancellation rate of more than 1 cancelled transaction for every 10 executed transactions will be considered an abuse of the cancellation service.
14. OUR RIGHT TO FORCE CLOSURE
- Customer acknowledges that the Company has the right, at its sole discretion, to immediately close any of its open transactions, whether at a profit or loss, and liquidate Customer’s trading account in the following circumstances:
- If the quoted prices, as displayed on the trading platform, change such that the total difference payable by the Client, from pursuant to its open transactions, equals or exceeds the total margin required to maintain open transactions.
- If the funds in the Customer’s trading account are equal to or less than the total margin required to maintain the Customer’s open transactions.
- If the Company receives a refund from the issuer of the Customer’s credit card or with respect to any other method of payment, for any reason whatsoever.
- The exercise of our right to force closure will not result in the immediate cancellation of the Client’s trading account, unless the Company notifies the Client in writing.
- Notwithstanding the foregoing, if quoted prices, as displayed on the trading platform, move against the price of your open transactions, we may, without obligation or liability, request the Client to increase the funds in your trading account, within a specified period. of time, to cover the difference and/or meet margin requirements in order to keep a transaction open. If the Customer fails to comply with the Company’s request for additional funds, we may exercise our right to force closure. It is the Customer’s responsibility to monitor, at all times, the amount of funds present in their trading account against the amount of margin required as a result of the Customer’s trading decisions.
- The Client acknowledges that trading in certain financial instruments or underlying assets carries a high degree of risk of becoming volatile very quickly and without notice. The Client hereby agrees that the Company reserves the right to close any or all open transactions in respect of any financial instrument or underlying asset that we determine to be volatile, in our sole discretion, at the then current quoted price without prior notice.
15. ROLLOVER FUNCTION
- Rollover occurs when the CFD/FX/any other financial instrument, subject to expiration, is automatically rolled over to the next expiration date. For specific types of financial instruments, there are expiration times and dates displayed on the trading platform and/or the Company’s website. In such a case, if the Client does not close the transaction before the specified expiration date/time, he/she authorizes
the Company to carry forward the expiring position to the next contract without closing the position. In such a case, a balance adjustment will be applied to the Client’s account to compensate for the price difference between the expiring contract and the next contract. The Company reserves the right to close out positions on expiring contracts if automatic rollover is not available.
16. MARGIN REQUIREMENTS
- To open a transaction for an underlying asset/asset, the Client undertakes to provide the initial margin on his trading account. To keep a transaction open, the Client agrees to ensure that the amount in his/her trading account is equal to the margin required to keep the transaction open. Customer acknowledges that the margin for each underlying asset differs and we may change it at our sole discretion from time to time. Depending on the amount of funds you have in your trading account, we reserve the right to limit the amount and total number of open transactions you currently wish to open or maintain on the trading platform.
- It is understood that each different type of financial instrument we offer has different margin requirements. It is the Client’s responsibility to ensure that he/she understands how margin requirements are calculated.
- Unless a force majeure event has occurred, the Company has the right to change the margin requirements by notifying the Client in writing two (2) business days prior to these The Company has the right to change the margin requirements without prior notice to the Client in the case of a force majeure event. In this situation, the Company has the right to apply new margin requirements to new positions and positions that are already open. All changes will be made on the trading platform and/or the Company’s website and the Client is responsible for reviewing the updates. It is the Client’s responsibility to monitor at all times the amount deposited in their trading account against the amount of any required margin and any additional margin that may be required.
- You acknowledge that we may, in our sole discretion, require you to take certain actions in your Trading Account pursuant to a margin call. A margin call may be based on a number of factors, including, without limitation, Customer’s overall position with us, the size/type of your account, the number of open transactions you have, volume traded, trading history and market conditions.
- The Company shall have no obligation to make any margin adjustment to the Customer, but in the event that it does, or in the event that the trading platform warns the Customer that it reached a certain percentage of the margin in the trading account, the Customer must take any of the following measures to deal with the situation:
- Limiting your exposure (closing operations); or
- Depositing sufficient funds in your trading account to achieve margin
- If the existing or deposited Margin in the Customer’s account is not sufficient to meet the required margin rates, as determined by the Company, the Customer’s transactions will not be executed. Without prejudice to the generality of the foregoing, the Customer’s open positions will be automatically closed from the least profitable and/or loss-making positions, when the margin in the Customer’s account is less than 5% of the margin level. This includes positions with a guaranteed stop loss order or limited risk protection. The Company may give prior notice to the Client, but shall not be liable for any consequences if such prior notice is not given.
- Failure to meet the margin requirement at any time or failure to pay margin when due may result in the forced closure of the Customer’s open positions without prior notice to the Customer. Margin will be paid in monetary funds in the currency of the Customer’s account balance.
- If you have more than one trading account with us, each trading account will be treated separately and therefore any credit to one trading account (including amounts deposited as margin) will not release the Customer’s obligations in respect of any other trading account. It is your responsibility to ensure that the required level of margin is set for each trading account separately.
- The Client acknowledges that the margin call is set at 75% and the Stop Out at 5%. The Client further acknowledges that the Company may change at its discretion the margin call, Stop Out according to regulation and/or in accordance with the Company’s Policies and Procedures, and that this may take place from time to time.
17. SETTLEMENT OF TRANSACTIONS
- The Company will proceed to settlement of all transactions upon execution of such transactions. The purchase of a Forex, CFD or other financial instruments is completed when the Forex, CFD or financial instrument payment has been verified and the corresponding swap and other fees have been calculated.
- The Client agrees to be fully and personally responsible for the due settlement of each transaction made on its trading account with the Company. Any confirmation or proof of an act or statement or certification issued by the Company in connection with a transaction or other matter shall be final and binding on the Client, unless the Client has any objection to such statement or certification and such objection is communicated in writing and received by the Company within two calendar days from the estimated date of receipt of a statement or certification.
18. HANDLING OF CLIENT FUNDS
- When holding Client funds, the Company will place Client funds in one or more bank accounts and will take all possible steps to ensure that Client funds are protected. Such funds will be held in designated bank accounts and the Company will maintain separate accounting records of Client funds and its own funds and will be able to promptly distinguish funds held for different Clients of the Company. In addition to the Terms, the Client acknowledges and agrees that it has read, understood and agreed to the Company’s policies, which can be found on the Company’s website.
- Funds belonging to the Customer and to be used for business purposes shall be held in an account at any bank or financial institution authorized to accept funds which the Company shall from time to time specify to the Customer and shall be held in the name of the Company in a bank account duly indicated as the Customer’s bank account. The Company shall not be liable for the insolvency, acts or omissions of any third party referred to in this paragraph.
- Requests for funds transfer from the client will be made from the Company’s official website. Funds transfer requests are processed within the time period specified on the Company’s official website. The Company accepts no responsibility for bank charges and/or clearing costs by payment service providers (PSPs) and/or The Client acknowledges and agrees that the Company will credit the Client’s trading account only the net amount received in the Company’s bank accounts maintained for the Clients and any charges/fees from PSPs and banks will be paid by the Client. The Client acknowledges that the Company’s website may review the charges, fees and costs for transferring funds to its account and the Company will use its best efforts to notify Clients prior to any request for transfer of funds, of all charges, fees and costs for such transfer of funds. Any charges imposed by the bank or payment service providers shall be borne by the Customer. The Company may, at its discretion, charge a fee of 3% plus 0.25 cents per deposit which includes the service provider fee and handling fees to be paid by the Customer in addition to the amount deposited. For bank deposits, the Company will consider as deposit the net amount received in its bank accounts, subject to applicable bank fees/charges/costs. In case of a withdrawal, the Company will deduct the applicable bank fees/fees/costs/PSP before returning the Client’s balance to his/her account. The Company will use its best efforts to update the fees and charges imposed by third party providers on its website in a timely manner; however, it shall not be responsible for any subsequent changes and/or inaccuracies by third parties, such as PSPs and banks, beyond its control.
- The Client acknowledges and agrees that the Company reserves the right to set off and may, at its discretion, from time to time and without the Client’s authorization, set off any amounts held on behalf of and/or in favor of the Client against the Client’s obligation to the Company, including, without limitation, charges, fees, expenses and management fees collected or incurred by the Company on behalf of the Client.
- Unless otherwise agreed in writing between the Company and the Client, the Terms shall not give rise to any credit facility rights. The Client is entitled to withdraw only funds that are not used for hedging/margin requirement and are free of any obligation to the Company.
- The Client agrees to clearly indicate all required information on any payment documents that the Company may request at its own discretion (funds/deposit/withdrawal/transfer/additional identification documents and proof of residence) from time to time to verify the source of funds and to comply with international anti-fraud and anti-money laundering regulations and the applicable legislative and regulatory framework as may be amended from time to time. Such documents may include, but are not limited to, copies of credit cards, bank statements/International Bank Account Number (IBAN)/SWIFT/SEPA copies for wire transfers, written confirmations from banks and card issuers that the customer is the true owner of the credit/debit/other card used and/or any other documentation in furtherance of such purpose. The Company may not approve and reasonably withhold any withdrawal request unless the Customer provides all requested documents and information to its complete satisfaction.
- The Client agrees that any amount of funds transferred by the Client from his/her bank account/credit and/or debit card/other card/e-wallet will be deposited into his/her trading account on the value date of the payment received in the Client’s account from the Company. Any fees/fees/costs charged by the bank account or other payment service providers and/or any other intermediary bank/financial institution involved in the processing of your transaction/ remittance shall be paid by the Client. To this effect, the customer shall pay any fees/charges/costs that may be imposed as a result of the transfer of funds. In order for the Company to accept any deposit from the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the If these conditions are not met, the Company reserves the right to refund the amount deposited through the method used by the sender less any applicable fees/charges/costs imposed by the bank or payment service provider, as applicable.
- The Company reserves the right to refuse a transfer of funds by or on behalf of the Client and not to credit the Client’s trading account in the following cases:
- If the Company has reasonable suspicion that the person transferring the funds is not properly authorized;
- If the funds are not transferred directly by the Client and a third party is involved;
- If the transfer violates the laws of
- If the sender’s identification is not verified and if the Company is not sure that the person depositing the funds is the Client.
In any of the above cases, the Company will return the funds received to the sender by the same method they were received and the Client shall bear all relevant bank charges created by the above transaction.
- In any of the cases mentioned herein, the Company will return any funds received to the sender by the same method as they were received, and the Customer will be charged the relevant bank or payment service provider fees and charges. Any charges/fees/fees imposed by the payment service providers will be deducted and the Company will return the remaining balance to the Customer’s account.
- In the event that a sum received in the bank accounts is reversed by the bank account or supplier at any time and for any reason, the Company will immediately reverse the affected deposit from the Client’s trading account and further reserves the right to reverse any other transactions made after the date of the affected deposit. It is understood that these actions may result in a negative balance in any or all of Customer’s trading accounts.
- The Client agrees to waive any of its rights to receive any profit or interest earned on funds held in the bank account where the Client’s funds are held and/or on deposited funds held by the Company on behalf of the Client, and further acknowledges that the Company shall be entitled to act as beneficiary of such interest.
- Customer shall have the right to withdraw from its account any available funds not used for other obligations or charges or any amount requiring the fulfillment of conditions. The Company reserves the right to reject a withdrawal request if the request does not comply with certain conditions mentioned in the Terms or to delay the processing of the request if it is not satisfied with the “Know Your Customer” (KYC) or other documentation provided by the The Client acknowledges and agrees that any banking/trading fees incurred will be paid by him in case of withdrawals of funds from his trading account to credit his designated bank account. The Client is fully responsible for the payment details provided to the Company and the Company accepts no liability if the Client provided false or inaccurate bank / supplier details.
- Withdrawals must be made using the same method that the Client used to fund his trading account and with the same sender. The Company reserves the right to refuse a withdrawal with a specific payment method and suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not completely satisfied with the documentation provided in connection with a withdrawal request, the Company may request additional documentation and, if the request is not satisfied, the Company may reverse the withdrawal request and deposit the funds back into the Client’s trading account Funds transfer requests are processed by the Company on the same day the withdrawal request is made, or the next business day if the Client’s request is received outside of normal business hours. However, it should be noted that delays may occur in the processing of such requests, as specified on the Company’s website. The provision of documentation or other authentication from the Client from time to time as required by anti-money laundering (AML) regulations, the
credit card companies and the Company, is a prerequisite prior to the execution of any withdrawal order.
- The Client acknowledges that in the event that the Client’s bank account maintained with the Company is frozen for any period and for any reason, the Company assumes no liability and the Client’s funds will also be frozen. In addition, the Client acknowledges that he/she has read and understood the additional information provided on each payment method available on the Company’s website.
- When the Client is depositing funds into his account with the Company by wire transfer, as required by anti-money laundering regulations, the Client is required to use only one bank account, which must be in his country of residence and in his name. An authentic SWIFT confirmation or wire confirmation showing the origin of the funds must be sent to the Company. Any withdrawal of funds from the Client’s trading account to a bank account can only be refunded to the same bank account from which the funds were originally received.
- The Customer acknowledges that the Company may, from time to time, decide to offer various base currencies. Currently, the Company offers three base currencies, which are USD, GBP and EUR. Therefore, all deposits made in any other currency that the Company chooses to accept will be converted to USD, GBP or EUR at the Client’s choice at the standard exchange rate on the day of conversion. The Customer shall bear all conversion charges/fees for not depositing funds in the base currencies offered by the Company and acknowledges that his deposit may be debited amounts which, due to exchange rate fluctuations and credit card company fees, may vary slightly from the initial amount deposited by the Customer in the base currency of the Client’s The Customer hereby agrees that such variations may occur, and hereby affirms that he will not attempt to object or reverse the charge. When the base currency of the account is USD, GBP or EUR and the currency of the Customer’s credit/debit card is the same, the above differences/charges are generally avoided.
- Credit/debit card deposits may, according to the regulations/terms and conditions of the credit/debit card companies, be returned to the same credit card when a withdrawal is made. A withdrawal to credit a bank account where initial deposits have been made with a credit card will be executed back to the credit card or bank account only at the Company’s discretion, but in such case, a withdrawal to credit a bank account may take a longer period, due to additional security procedures and documentation that will be requested from the Client. The Client acknowledges that for withdrawals through a payment service provider there are two base currencies (EUR/USD), therefore, all withdrawals made in other currencies will be converted to EUR/USD at the Client’s choice at the standard exchange rate of the day of conversion. All conversion charges are to be borne by the Client.
withdrawals through a credit institution there are three base currencies available (EUR/USD/GBP) and the Client shall pay any applicable fees/charges/costs. The Client will be charged any fees/costs/charges related to withdrawals either through a bank or a payment service provider and will be entitled to pay any conversion charges, if applicable.
19. FEES, COMMISSIONS AND OTHER ASSOCIATED CHARGES/COSTS
- Before trading in Forex, CFDs or any other financial instruments offered by the Company, the Client should consider any applicable charges, commissions, swaps and associated fees. The provision of services is subject to the payment of charges, commissions, swaps and management fees that the Company is entitled to receive from the Client for the services provided as described in the Terms and Conditions, the contract specifications and on the Company’s website. The Company is also entitled to receive compensation for the expenses it incurs for the obligations it will assume during the provision of the aforementioned investment services, in addition to the costs, other commissions, management fees and charges that the Client is required to pay directly to The Client is obliged to pay all these costs. The Company reserves the right to change, from time to time, the size, amounts and percentage rates of its fees by providing the Client with the respective notice two (2) days prior to the implementation of such changes. Notification may also be made through the Company’s website and/or a relevant notification to the Client’s email address provided to the Company during the registration process.
- The Client should note that not all charges are represented in monetary terms. Certain types of costs may appear as a percentage of the value of a Forex, CFD, or type of financial instrument, therefore, it is the Client’s responsibility to understand how charges, management fees and any relevant costs are calculated and collected.
- In providing a service to a Client, the Company may pay or receive fees, commissions or other non-monetary benefits from third parties or introducing brokers to the extent permitted by applicable regulations. In any event, the Company shall not deduct any fees from the Client’s balance to pay any commissions and/or fees to any affiliate and/or introducing broker and/or introducing broker of It is provided that the Company shall not pay any fees and/or commissions to any of the third parties based on the Client’s profits/losses. To the extent required by law and/or the Client, the Company will provide information about such benefits to the Client upon the Client’s request.
- Details of any tax liabilities that the Company is liable to pay on behalf of the Client will be communicated to the Client. The Client is also liable for other taxes that are not levied by the Company, and the Client should seek independent expert advice if in any doubt as to whether any additional tax liabilities may be incurred. Tax laws are subject to change from time to time. The Company is fully entitled to debit the Client’s account with the outstanding amount to be settled (excluding taxes payable by the Company in connection with the Company’s income or profits). In general, the Company does not
collects taxes on behalf of any authority in any form or manner. Without limiting the foregoing, it is the Client’s sole obligation to calculate and pay all taxes applicable in its country of residence, or arising as a result of its business activity using the Company’s services. Without limiting its sole and entire responsibility for making tax payments, the Client agrees that the Company may deduct taxes, as required by applicable law, but is not obligated to do so, from the results of doing business with the Company. Customer understands that any amounts that it may withdraw from its account are “gross amounts” from which the Company may deduct such taxes, and Customer shall have no claim against the Company with respect to such deductions.
- Customer is solely responsible for all filings, tax returns and reports on any transaction to be made to any relevant authority, governmental or otherwise, and for the payment of all taxes (including, without limitation, transfer taxes or value added tax), arising out of or relating to any transaction.
- The Company may change its costs from time to time. The Company will periodically send a notice to the Customer informing the Customer of any such change before they enter into The Company will give the Customer at least two business days’ notice prior to such modification, except where such modification is based on a change in interest rates or tax treatment, or where it is otherwise impractical for the Company to do so.
- Application review fees of 50 EURO/USD/GBP apply to all new applications due to the administrative costs incurred by the Company in reviewing applications from new applicants. Application review fees will be applicable at the sole discretion of the Company and may be waived for any new application.
- Client acknowledges the imposition of an inactivity fee in accordance with Section 23 to be charged to all accounts by the Company and prior to approving any requested withdrawals and/or prior to the Company returning any funds received to clients whose relationship was terminated due to their refusal, omission or delay in submitting the necessary and/or requested identification documents and/or any other information requested to the satisfaction of the Company. For more information on applicable dormancy fees, please also refer to section 23 below.
- In addition, the Company has the discretion to impose chargeback fees, where applicable under the provisions detailed below.
- Any fees/charges/costs of banking or payment service providers, or conversion charges related to the Customer’s deposits and/or withdrawals through the selected payment method, shall be paid exclusively by the Customer. Any fees/charges imposed by the bank or payment service providers shall be paid by the Customer. Any fees/charges/costs imposed by payment service providers will be deducted and the Company will refund the remaining balance to the Customer.
- Withdrawal requests will be processed Monday through Friday between 8 am and 13:00GMT.
All requests received before 10:00 GMT will be processed within the same day and requests received after 10:00 GMT will be processed the next business day. Once the Company has approved the request, the Client must wait an additional 5 to 7 days before their funds will show in the Client’s account due to delays caused by banks and other payment providers.
- By accepting the Company’s Terms and Conditions of Business and opening a trading account, the Client has read, understood and accepted the information presented on the Company’s website which is publicly available to all Clients, where all information relating to commissions, fees and costs, as well as management fees and The Company may modify from time to time in its sole discretion all such commissions, costs, management fees and funding. The Company will notify the Client by email at least 24 hours in advance, with respect to updated fees and commissions. By providing the email, the Client is deemed to have viewed, reviewed and considered the Company’s commissions, charges, costs and financing fees and any changes the Company may make from time to time.
- The Company shall not be liable for any agreements that may exist between the Client and the introducing or affiliated broker or referring agents, nor for any additional costs that may arise as a result of the Terms and Conditions.
20. PRICES
- The Company will quote the prices at which it is willing to execute for the Except in cases where:
- The Company exercises any of its rights to close a transaction; or
- A transaction is automatically closed; it is the Client’s responsibility to decide whether or not to carry out the transaction at the price quoted by the Company.
- The Company’s prices are determined based on prices received from its liquidity providers/market makers in the manner set forth in the attached terms. Each price will be effective and may be used in a trade instruction prior to the expiration of its time or before the Company withdraws it, if applicable. After that time, a price may not be used in a trade instruction. Each price will be available for use in a trade instruction for a transaction with a principal amount not exceeding a maximum amount determined by the Company. The Client acknowledges that these prices and maximum amounts may differ from the prices and maximum amounts offered to other Clients of the Company and may be withdrawn or changed without prior notice The Company may, in its sole discretion and without prior notice to the Client, immediately cease the provision of prices in some or all currency pairs or other financial instruments and for some or all value dates at any time. When the Company quotes a price, market conditions may change between the time the Company submits the quote and the time the Client’s order is executed. Such movement may be in favor of or against the Customer. Prices that may be quoted and/or traded, from time to time, by others may be quoted and/or traded by the Company.
market makers or third parties, shall not apply to transactions between the Company and the Client.
21. DEPOSIT AND WITHDRAWAL POLICY
Deposits
- The Client may deposit funds into his/her trading account at any time during the course of the Terms, once the Client’s trading account has been verified in accordance with the Company’s policies. Deposits will be accepted by wire transfer, SWIFT, e-wallet, debit/credit card or any other method of electronic money transfer (where the sender is the Client) acceptable to the Company The Company, at its discretion, may charge a fee of 3% plus 0.25 cents per deposit, which includes payment service provider fees and handling costs, which will be paid by the Client in addition to the amount deposited. For bank deposits, the Company will consider the net amount received in its bank accounts as the deposit, subject to any applicable bank fees/fees/cost. The Company does not accept cash deposits.
- The Company accepts payments of third party or anonymous funds into the Client’s account. The Client agrees that funds will be deposited into the Client’s trading account only if the Company is satisfied that the sender of the funds is the Client or the Client’s authorized representative (unless legally consented to, inter alia, trustee, attorney-in-fact or guardian). If the Company is not satisfied with the above, then the Company has the right to reject the funds and return them to the sender net of any transfer fees or other charges incurred by the Company, using the same transfer method that was originally used to receive the funds.
- The Company reserves the right to request the Client, at any time, to provide additional information and/or documentation to confirm the origin and/or source of funds, including copies of credit/debit cards, copies of SWIFT, SEPA transfers and, in cases of anonymous cards, proof of ownership of the bank/issuer The Company shall have the right to refuse a deposit if it is not duly satisfied as to the legality of the source of funds.
- The Company reserves the right to set a minimum or maximum amount of deposits. Relevant information can be found in the Company’s Terms and Conditions of Business and/or in the service contract and/or on the Company’s official website.
- Unless otherwise stated, interest derived from the bank account of the Clients’ funds will not be paid to the Clients and may be used by the Company for its own The Clients are informed accordingly, as evidenced by their acceptance of the Company’s Terms and Conditions of Business/Client Agreement.
Retreats
- To enhance the safety and security of our Clients’ funds, the Client must submit a withdrawal instruction from his/her trading account through the Company’s online trading system or by sending the withdrawal request by email to the Company’s Client service department at support@Solidaryprime.trade. The Client shall pay any fees/costs/charges related to withdrawals, either through the bank or payment service provider, and will have to pay any conversion charges, if applicable.
- Clients must ensure that a withdrawal request includes all necessary information/documentation, and are obligated to provide the Company with any documents that may be requested to facilitate the processing of the requested withdrawal. Such documents include, but are not limited to:
- Copies of the credit/credit card used for the deposit.
- Bank statement/IBAN/SWIFT copies, SEPA for wire transfers
- In cases of anonymous cards, a letter of confirmation that the card belongs to the Client.
- Any other documentation that may be deemed necessary at the Company’s discretion in the process of verifying the Client’s source of funds prior to returning monies to the Client as set forth in the applicable anti-money laundering (AML) legislative and regulatory framework, as may be amended from time to time.
Before proceeding with a withdrawal, the Company must:
- Confirm that the Client’s account number, name and bank details match the details given in the account opening process and that the withdrawal request contains all the information necessary for The Client accepts that, if he/she has provided the Company with incorrect instructions and/or information for the withdrawal request, the Company may not be able to correct the error and the Client may have to bear the loss.
- Confirm whether the Client is eligible to proceed with a withdrawal in accordance with the Company’s legal documentation during the provision of any investment service.
- Confirm the amount available (balance) for withdrawal along with the item.
- Confirm that the Client has provided all KYC and other documents requested by the Company, including, valid passport, identity card, proof of address, copies of credit/debit cards, IBAN certificate, bank statements/cards, copies of SWIFT, SEPA transfers.
- Send the payment instruction to the bank / service provider and follow up to receive the necessary bank confirmation for the outgoing transfer / credit.
- In case the client has open positions, the following parameters must be met:
- The margin level after processing the withdrawal should always be above the margin level.
of 100%;
- The free margin level must be greater than 100% for the client to be able to submit the withdrawal request.
- Once the Company receives an instruction from the Client to withdraw funds from the Client’s account, the Client’s withdrawal request will be processed within three business days and provided that the following requirements are met (notwithstanding the provisions of this article, the actual receipt of funds depends on the Client’s method of payment):
- The instruction is to make a bank transfer of funds to the Client’s account;
- At the time of payment, the Client’s available funds for withdrawal exceed or equal the amount specified in the withdrawal instruction after deducting all payment charges;
- At the time of payment, all management fees, charges and/or other applicable expenses according to the Terms and Conditions of Operation and the service agreement were deducted from the trading account.
- For funds to be credited to the Client’s account, it may take up to five (5) business days for the funds to be credited to the Client’s account.
(5) to seven (7) additional business days, depending on the credit institution selected by the Customer and/or the withdrawal method chosen; the Company has no influence over the time required for funds to reach the Customer’s account and, as such, assumes no liability in the event of processing delays by the credit institution, processing company or payment service provider.
- In the event that the Client requests that his funds be withdrawn from his account and transferred to a bank account that has not been notified to the Company in the past, then the Company must perform the KYC procedures again – on the same Client – to ensure that the beneficial owner of both bank accounts is the same person and then the Company can proceed with the transfer of funds.
- The Company reserves the right to refuse a withdrawal request from a Customer requesting a specific transfer method, and the Company has the right to suggest an alternative transfer method.
- The Company reserves the right to reject/cancel a Client’s withdrawal request during the process of its examination in cases where a Client, after having submitted such request, continues to trade and the level of free margin in the Client’s trading account falls below 100%, resulting in the inability to meet the margin requirements as specified in the Company’s Terms and Conditions, in order to cover the margin requirements and maintain the open position(s).
- Withdrawals will only be made to the Client. The Company will not make withdrawals to any other third party or anonymous account.
- The Company reserves the right to request additional information and/or documentation to ensure that the request is legitimate. In addition, the Company reserves the right to refuse such an application if it considers that it may not be legitimate. The Client acknowledges and agrees that in such circumstances there may be a delay in processing the request, and agrees to provide such additional information as the Company may request to facilitate the requested withdrawal. The Company shall not be liable for any undue delays caused in respect of the withdrawal arising on the part of the Client.
- All payment and transfer charges/fees shall be borne by the Customer and the Company shall debit these charges from the Customer’s account. Any charges imposed by the bank or payment service providers shall be borne by the Customer. All charges/fees/fees imposed by the payment service providers/bank will be deducted and the Company will return the balance to the Customer’s account.
- The Company shall be responsible for responding to any request for information on the status of the Customer’s order received by telephone at any time within a reasonable period of time. The Client using the Internet may obtain information on the status of its order within a reasonable period of time through the Company’s trading system. Order status information must be provided to the Customer within no more than two business days. When such telephone calls are received, they must be recorded in the Company’s software, including the date and time of the call made by the Client.
- Customer requests will be received electronically. In the event that a Client does not have access to the electronic platform, the Company may, at its discretion, accept instructions by email, provided that the Client’s signature is verified and the transfer/withdrawal form is duly completed and all checks and verifications required by the Company have been met.
- For all transactions described above, the Company will record the transactions in the Company’s cash account ledger and file documentation for each transaction recorded after referencing in the ledger and in the Client’s file.
22.INACTIVE ACCOUNT PROCEDURES AND MANAGEMENT FEES
- Customer accounts in which no transactions have been made for a period of more than 30 calendar days shall be considered by the Company as inactive accounts. Such 30-day period shall commence on the first day following the expiration of the 30-day period in which no transactions were made. Any new trading account for which the customer requests a withdrawal prior to the first 30 calendar days will be considered by the Company as an inactive account and will be subject to an inactivity fee according to the following table:
Period of Inactivity | Inactivity fees (EUR) |
1 – 30 | Free |
31 – 60 | 30 |
61 – 90 | 50 |
91 – 120 | 150 |
121 – 150 | 250 |
151 – 180 | 300 |
> 181 | 500 |
- The Company will not charge fees to zero balance trading accounts and, consequently, all zero balance accounts can be closed by the Company and Clients can be informed through the platform and/or by email.
- Due to the administrative effort and expense incurred by the Company in receiving and verifying new applications and first deposits, the Company will charge an “application review fee” to all new customers.
23 CUSTOMER COMPLAINT POLICY
- The Company classifies as a complaint any objection and/or dissatisfaction that the Client may have with respect to the provision of services rendered by the Company. A complainant is defined as any person, natural or legal, who has read, agreed and accepted all of the Company’s Terms and Conditions which are contained in the Client’s agreement and without modification, has opened a trading account with the Company and has submitted a complaint by completing the complaint form. A claim form is attached at the end of this policy.
- Before filing an official complaint, it is recommended that you first contact our customer service department by email at support@Solidaryprime.trade, by telephone or any other method of communication made available by the Company, as most problems can be resolved at this level. Our customer service department will attempt to resolve the problem immediately.
- If you are not satisfied with the response and explanation provided by our Customer Service Department and wish to file an official complaint, you may complete the attached official complaint form and send it electronically to support@solidaryprime.trade. The Company will not accept any complaints through other means or channels.
- Please submit the claim form found on the website if you wish to
submit your claim to the Company. If you need assistance in completing the form, please contact support@solidaryprime.trade. The Company will only accept claims submitted through this procedure, while reserving the right to request any additional documentation as part of the evaluation process.
- The Company will acknowledge receipt of your claim within seven (7) business days of receipt of your claim. Once we receive acknowledgment of receipt of your claim, the Company will carefully review it, investigate the circumstances surrounding your claim and attempt to resolve it without undue delay.
- Claim investigation is subject to the claimant providing the information All information requested on the online claim form (along with any other information requested by the Company) must be provided to allow investigation of the claim.
- The Company will thoroughly examine any claim as necessary (taking into account any information contained in the Company’s books and records, including but not limited to the Client’s trading account journal) to arrive at a fair result. The result of the investigation will be communicated to the claimant within two (2) months from the date of receipt of the claim.
- If we are unable to provide you with a final response within the above time period, an interim response (in writing or other durable medium) will be issued informing you of the reason(s) for the delay and the period of time needed to complete the investigation. This time period will not exceed four (4) months from the filing of the complaint.
- During the investigation process, we will keep you informed of the progress of the handling of your One of our representatives may communicate directly with you (including communication by email or telephone) to obtain further clarification and information related to your complaint. We will require your full cooperation to expedite the investigation and possible resolution of your claim.
- If the Company’s final decision on the claim does not fully satisfy the claimant’s claims, the Company will notify the claimant in writing with a detailed explanation of its position on the claim and state the claimant’s option to maintain the claim.
24. PERSONAL DATA AND CONFIDENTIALITY
- The Company may collect Customer information directly from the Customer (through the completed online application form or other means) or from others, including, for example, credit reference agencies, fraud prevention agencies and public record providers.
- The Company will use, store, process and handle personal information provided by the Customer (in the case of an individual) in connection with the provision of the Company’s services and in accordance with the Data Protection Act 2002, as amended.
- The Company will treat as confidential any Client information in its possession, and this information will be used only in connection with the provision of the Company’s services. Information which is already in the public domain or which has previously been held by the Company without the obligation of confidentiality shall not be considered as such.
- The Company has the right to disclose Customer information, including recordings and documents of a private nature, in the following circumstances:
- when required by applicable law or by a court of competent jurisdiction;
- when requested by the FSA or any other regulatory authority having control or jurisdiction over the Company or the Client or its associates, or in whose territory the Company has Clients;
- when required by the relevant authorities to investigate or prevent fraud, money laundering or any other illegal activity;
- when necessary for the Company to defend or exercise its legal rights;
- to the Company’s professional advisors, provided that in each case the relevant party is duly informed of the confidential nature of such information and agrees to comply with the confidentiality obligations set forth herein;
- to credit reference and fraud prevention agencies, as well as to other financial institutions for credit checks, fraud prevention, anti-money laundering purposes, identification or Customer due diligence;
- at the Customer’s request or with the Customer’s consent;
- The Customer further acknowledges that he/she consents to the processing/transmission of personal data to third parties/associates of the Company in the context of business performance in accordance with the Company’s privacy policy. Therefore, the Customer is further informed that third parties may have a legitimate interest in the processing of personal data of customers as controllers.
- By accepting the Terms, the Customer agrees that the transmission of his or her personal data will be
shall be in accordance with the provisions of the Data Protection Act 2002, as amended.
- Telephone conversations between the Client and the Company are recorded and retained by the Company, and such recordings shall be the exclusive property of the Company and shall be retained for the period of time determined by the regulatory framework (i.e. five years and/or where requested by New Zealand for a period of seven years). The Client agrees to such recordings as conclusive evidence of orders/instructions/requests or conversations so The recordings and/or transcripts may be used for any purpose deemed necessary, such as in the resolution of any complaints and/or claims you may have against the Company. The Client agrees and consents to the use of the telephone records in the resolution of any complaint and/or settlement and/or their admission as evidence in any legal or regulatory proceeding. Recordings of such conversations and communications with the Client will be available upon request for a period of five years.
- The Customer agrees that the Company may, from time to time, establish direct contact with the Customer by telephone, facsimile or otherwise.
- In accordance with applicable regulations, the Company will maintain records containing the Customer’s personal data, business information, account opening documents, communications and anything else that relates to the Customer for at least five years.
(5) years up to seven (7) years after the termination of the business relationship or a transaction, in accordance with applicable regulations.
25. AMENDMENT AND TERMINATION
- The Company reserves the right to amend, modify, update and change any of the Terms and Conditions, from time to time, and to notify the Customer by email of any such amendment, modification or change by posting the new version of the Terms on the relevant page of the Company’s websites. Any amended version of the Terms shall become effective five (5) calendar days after its posting on the website and Customer’s continued use of the Services or Software after such five calendar days shall be deemed to be Customer’s acceptance of the changes to these Terms. Customer agrees and acknowledges that it is responsible for ensuring that it is aware of the correct and current Terms, and is encouraged to check for updates on a regular basis. The Customer also agrees and acknowledges that a variation made to reflect a change in law or regulation may, if necessary, take effect immediately. The Company, for the protection of the rights and interests of its Customers, has the right to notify them of changes to the provisions of the Terms by other means in addition to its websites, such as: by email, telephone, fax and/or other means, as the effective date of certain terms may be reduced.
- The Client and the Company shall each have the right to terminate the business relationship with immediate effect by giving the other party at least five (5) calendar days’ written notice.
- The Company may terminate the business relationship immediately without notice in the following cases:
- Death of the
- In the event that a decision of bankruptcy or liquidation of the Client is made through a meeting or the filing of a petition for the aforementioned.
- Termination is required by any regulatory authority or regulatory body.
- The Customer violates any provision hereof and, in the opinion of the Company, the terms cannot be enforced.
- Customer is in violation of any law or regulation to which it is subject, including, but not limited to, laws and regulations relating to exchange control and registration requirements
- The Customer engages the Company directly or indirectly in some type of
- An event of
- An event of default is defined below:
- Customer’s failure to observe or comply with any other provision set forth herein, such failure continues for one business day after Company has notified Customer of the failure.
- The Client takes advantage of price delays and places orders at out-of-date prices, trades at off-market and/or after-hours prices, and takes any other action that constitutes improper trading.
- Any representation or warranty made or given, or deemed made or given by Customer, proves to be false or misleading in any material respect at the time it was made or given or deemed made or given.
- Any other situation in which the Company deems reasonably necessary or desirable for its own protection, or any action is taken or event occurs that the Company believes could have a material adverse effect on the Customer’s ability to perform any of its obligations under the Terms.
- Termination by either party shall not affect any obligation already incurred by either party with respect to any open position or any legal rights or obligations that may have already arisen under the Terms or any transaction and deposit/withdrawal transaction made thereunder.
- Upon termination of the Terms, all amounts payable by Customer to Company shall become immediately due and payable, including (but not limited to):
- all outstanding costs, fees, management fees and any other amounts payable to the Company;
- the funds necessary to close open positions on the Client’s account;
- any operating expenses incurred upon termination of the business relationship and charges incurred for transferring the Client’s investments to another investment firm;
- any losses and expenses incurred in settling any transaction or settling or concluding outstanding obligations incurred by the Company on behalf of the Client;
- any additional charges and expenses incurred or to be incurred by the Company as a result of the termination of these Terms;
- any damages and losses arising during the arrangement or settlement of outstanding obligations;
- bank fees/charges for transfer of Client’s funds;
- any other outstanding obligations of the Customer under the Terms.
25.7 Upon termination, the Company reserves the right to take the following actions, without prior notice to the Customer:
- Maintain the necessary funds of the Client to settle all outstanding obligations;
- Combine any Client accounts, consolidate the balances in those Client accounts and offset those balances;
- Close the customer’s trading account;
- Cease giving access to the Company’s electronic systems to the Client;
- Convert any currency;
- Suspend, freeze or close any open positions or reject orders;
25.8 Upon termination, if the balance in the Client’s account is positive, the Company shall pay the amount of the balance after deducting any bank/transfer fees/charges to the Client as soon as reasonably practicable and shall present to the Client a statement showing how the balance has been calculated.
26. CONFLICTS OF INTEREST
- The Company will take all reasonable steps to prevent or manage conflicts of interest between the Company’s officers and employees, including its managers, employees and related agents, or any person directly or indirectly related to it by control, and its Customers or between a Company’s Customers and its Customers or between a Company’s Customers and its Customers or between a Company’s Customers and its Customers.
27.ANTI-MONEY LAUNDERING PROVISIONS
- The Company is legally bound by local authorities and regulation to take all necessary measures for the prevention and suppression of money laundering activities. The Client shall understand from the above that the Company will request and obtain certain verification documents from the Client in order to comply legally.
- In the event that the Client fails to provide the Company with the necessary information with respect to the above, the Company reserves the right not to execute orders on behalf of the Client. Any delay that may arise with respect to the Client’s verification documents is not the responsibility of the Company.
28. FORCE MAJEURE
- A force majeure event includes, but is not limited to, each of the following:
- Governmental action, outbreak of war or hostilities, threat of war, acts of terrorism, national emergency, civil disturbance, sabotage, requisition or any other international calamity, economic or political crisis.
- Acts of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster.
- Labor disputes and lock-outs
- Suspension of operations on a market, or the setting of minimum or maximum prices for trading on a market, a regulatory ban on the activities of any party (unless the Company has caused such a ban), decisions of state authorities, self-regulatory bodies, decisions of governing bodies of organized trading platforms.
- Declaration of moratorium on financial services by the appropriate regulatory authorities or any other act or regulation of any regulatory body or authority, governmental or supranational.
- Crash, failure or malfunction of any electronic, network and communication lines (other than due to the Company’s bad faith or willful default).
- Any event, act or circumstance that is not reasonably within the Company’s control and the effect of which is such that the Company cannot take any reasonable action to remedy the breach.
- The suspension, liquidation or closing of any market or the abandonment or failure of any event to which the Company relates its quotations, or the imposition of special or unusual limits or terms on trading in any market or any such event.
- If the Company determines the existence of a force majeure event (without prejudice to other rights), the Company may, without notice and at any time, take any or all of the following actions:
- increase the margin requirements of the Client’s accounts;
- close any or all open positions at such prices as the Company deems appropriate in good faith;
- suspend or modify the application of any or all of the terms to the extent that the force majeure event makes it impossible or impractical for the Company to comply with them;
- take or omit to take all other actions that the Company reasonably considers appropriate in the circumstances with respect to the position of the Company, the Customer and other Customers;
- increase spreads;
- decrease any level of
- As set forth in the Terms, the Company shall not be responsible or liable for any loss or damage of any kind arising out of any failure,
interruption or delay in the performance of its obligations when such failure, interruption or delay is due to a force majeure event.
29. PRESENTATION OF THE CLIENT BY A PRESENTING BROKER
- Where the Client becomes aware of the Company through an introducing broker, the Client acknowledges that the Company is not responsible for the conduct, representations or inducements of the introducing broker and the Company is not bound by any separate agreement entered into between the Client and the introducing broker.
30. THIRD PARTY AUTHORIZATION
- The Client has the right to authorize a third person (i.e. nominate a representative) to act on behalf of the Client in all business dealings with the Company, such as: giving instructions and/or orders to the Company or handling any other matters related to the Client’s account and/or this agreement, provided that the Client notifies the Company in writing, and in case of exercising such right, the following conditions are met:
- The Client must provide the Company with a power of attorney accompanied by all identification documents of the authorized representative;
- The authorized representative must be approved by the Company; and
- Must comply with all Company specifications, including any information for money laundering prevention purposes.
- The power of attorney must specify the duration of time for which it is valid. If there is no expiration date, the power of attorney shall be considered valid until the Company receives written notice from the Client of the termination of the person’s authorization as described in paragraph 33.1. It is the Client’s responsibility to notify the Company of the termination of the authorization. In any other case, the Company shall assume that the authorization is ongoing and shall continue to accept instructions and/or orders and/or other instructions related to the Client’s account given by the authorized person on behalf of the Client, and the Client shall recognize such orders as valid.
- Written notice for termination of third party authorization must be received by the Company at least 5 business days prior to the date of termination of the authorization.
- It is further noted that the Company, acting at its discretion and after performing the necessary verifications of identification of its client, as well as assessing whether the authorized person is not involved in the provision of unauthorized investment services, may reject such application and/or terminate the provision of services at any
31. COMMUNICATIONS AND WRITTEN NOTIFICATIONS
- Unless otherwise specified herein, any notice, instruction, request or other communication to be given to the Company by the Customer under the Terms shall be in writing and shall be sent to the Company’s address below (or such other address as the Company may specify to the Customer for this purpose) by email, facsimile, post if sent in New Zealand, or airmail if sent outside New Zealand, or commercial courier service, and shall be deemed delivered only when actually received by the Company at:
Postal address: Solidary Prime LTD, 1st Floor Harvest Court, 218 George Street, Dunedin, 9016 New Zealand
E-mail: support@solidaryprime.trade
- To communicate with the Customer, the Company may use any of the following methods: e-mail; internal mail from the Company’s online operating system; facsimile transmission; telephone; postal mail; commercial courier service; airmail; or the Company’s website. The methods of communication specified in this section are also considered written notice from the Company.
- The language of communication will be in English and therefore all information, documents and support you receive from us will be in English. However, where appropriate and for your convenience, the Company may communicate with you in your native language or any other language in which you are fluent. In case of translation of any document/information/material on the Company’s website or any communication with the customer, the English language shall prevail in case of any
32.LIABILITY AND INDEMNIFICATION
- In the event that the Company provides information, news, transaction related information, market commentary and any other information to be provided within the limits of the Company’s authorization to the Client (or in newsletters which it may publish on its website or deliver to subscribers through its website or otherwise), the Company shall not be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or error in such information provided. Subject to the Company’s right to void or close any transaction in the specific circumstances set forth in the Terms, any transaction subsequent to such inaccuracy or error shall remain valid and binding in all respects on both the Company and the Customer.
- The Company shall not be liable for any loss, damage or expense incurred by the Customer in connection with, or arising directly or indirectly from, but not limited to:
- any error or malfunction in the operation of the Company’s online trading system;
- any delay caused by the Customer’s terminal;
- transactions made through the Customer’s terminal;
- any failure by the Company to perform any of its obligations as a result of a force majeure event or other cause beyond its control;
- acts, omissions or negligence of any third party;
- any person who obtains the Customer’s access codes that the Company has issued to the Customer prior to the Customer informing the Company of the misuse of the Customer’s access codes;
- all orders given through and under the Customer’s access codes;
- unauthorized third parties having access to the information, including electronic addresses, electronic communication, personal data and access codes, when the above are transmitted between the parties or any other party, using the internet or other network communication means, mail, telephone or any other electronic means;
- a delay in the transmission of any order for its execution;
- currency risk;
- slippage;
- any changes in tax rates;
- any action or representation of the presenting broker;
- If the Company incurs any claims, damages, liabilities, costs or expenses, which may arise in connection with the performance or as a result of the performance of the Terms and/or in connection with the provision of the Services and/or in connection with any order, it is understood that the Company has no liability whatsoever and it is the Client’s responsibility to indemnify the Company.
- In no event shall the Company be liable to the Customer for any significant or indirect loss, damage, loss of profit, loss of opportunity (including in relation to subsequent market movements), significant or indirect costs or expenses which the Customer may suffer in connection with these Terms.
32. WARRANTIES ON BEHALF OF THE CUSTOMER
- The Client represents, confirms and warrants that any money delivered to the Company for any purpose belongs exclusively to the Client and is free of any lien, charge, pledge or other encumbrance. Furthermore, any money delivered by the Client to the Company is in no way the direct or indirect proceeds of any illegal act or omission or the proceeds of any criminal activity.
- The Client acts on its own behalf and not as representative or trustee of any third party, unless it has presented, to the Company’s satisfaction, a document and/or power of attorney allowing it to act as representative and/or trustee of a third party.
- The Customer agrees and understands that if the Company has adequate evidence to indicate that certain amounts received by the Customer are the proceeds of illegal acts or the proceeds of any criminal activity and/or belong to a third party, the Company shall be liable to the Company for any damages incurred as a result of the receipt of such amounts.
reserves the right to refund these amounts to the sender, either the Client or a beneficiary. In addition, the Client also agrees and understands that the Company may reverse any transactions made on the Client’s trading account and may terminate the business relationship. The Company reserves the right to take any legal action against the Client to cover and indemnify itself in the event of such an event and may claim any damages caused to the Company by the Client as a result of such an event.
- The Client understands and agrees that all transactions related to the trading of a financial instrument will be conducted only through the trading platform(s) provided by the Company and the financial instruments are not transferable to any other trading platform whatsoever.
- The Client guarantees the authenticity and validity of any document delivered by the Client to the Company.
33. CHARGEBACK POLICY
- The Company reserves the right to charge the Customer an administrative processing and investigation fee, depending on the payment service provider’s fees/charges, if the Customer makes a chargeback to its credit card company (whether intentionally or unintentionally) for any deposit made to the Company’s trading account. This fee will be used to cover all investigation costs to prove that the deposit was made by the Customer upon receipt of the chargeback from the Company’s merchant provider/payment service provider.
- The Company will not accept any fraud, including credit card fraud, and, as such, will be thoroughly investigated and prosecuted to the fullest extent of the law. Any losses resulting on our behalf will be pursued to the fullest extent through a civil lawsuit to reclaim any losses incurred.
- Any chargeback made to the Company will be considered fraudulent if the Customer makes no attempt to help resolve any problems related to a deposit. All unnecessary chargebacks result in costs to our Company and as such:
- When the Company detects suspicious activity related to any deposit, the respective deposit will be placed as “pending” and fraud detection checks will be performed during this time. Access to the Client’s trading account will also be temporarily prohibited in order to reduce the Company’s exposure to risk.
- All reviews are generally completed within twenty-four (24) hours; however, it may take longer for those deposits that represent a potentially higher risk, as the Company will perform more extensive fraud detection checks.
- The Client acknowledges and agrees that the Company may contact the Client directly regarding transactions/claims received.
- Depending on the specific case and the reason for the chargeback, the deposit will be
will remain “pending” until the investigation is completed and/or the claim is closed; or the deposit will be cancelled and the funds will be refunded to the credit card used to make the deposit. In addition, the Company has the sole discretion to close any (and all) Client trading accounts with us in such cases. Any active order will also be cancelled immediately if associated with the same fraudulent credit card and/or account.
- The Client has fifteen (15) calendar days to cancel the chargeback or to reimburse the amount to the Company through a bank transfer.
- Any case of chargeback made against the Company and which is unsuccessful will result in the sum being refunded to the Company together with the charges for any investigation, administration and prosecution carried out.
- If the Customer reimburses the Company the disputed amount through a bank transfer or if the Customer cancels the chargeback, and the cancellation has been officially confirmed to the Company by the payment service provider or the bank, then the Company will not charge any fees.
- In addition, in case of chargeback, dispute, recovery or any type of fraudulent transaction, regardless of the outcome of the case of chargeback, the Company reserves the right to block the Client’s online trading platform and/or not to reactivate it and/or close its account with us. Consequently, any profit or income may be confiscated, and we reserve the right to inform any third party. We are continuously developing tools to monitor any fraudulent activity and any case arising from such activity will be decided by ourselves and any decision taken will be final and non-negotiable.
- The Company reserves the right to deduct the disputed amount pending completion of any investigation on our part.
34. INTELLECTUAL PROPERTY
- Customer acknowledges that all content, trademarks, service marks, trade names, logos and icons and generally all intellectual property rights in the Company’s website are the property of the Company or its affiliates or agents and are protected by copyright laws and treaties and provisions.
- Customer agrees not to remove any copyright notices or other indications of protected intellectual property rights from materials Customer prints or downloads from the Site Customer shall not obtain any intellectual property rights, or any rights or licenses to use such materials or the Site, except as set forth herein.
- Customer also agrees not to copy, record, edit, alter or remove any of the materials on the Company’s website. This shall include, but not be limited to, not removing, editing or otherwise interfering (or attempting to remove, edit or otherwise interfere) with any name, mark or logo on the Company’s website.
- The Customer also agrees not to copy, record, edit, alter or delete any of the
materials on the Company’s website. This shall include, but not be limited to, not removing, editing or otherwise interfering (or attempting to remove, edit or otherwise interfere) with any name, mark or logo on the Company’s website.
- Unless expressly stated otherwise, materials and/or messages delivered by the Company, including ideas, know-how, techniques, marketing plans, information, questions, answers, suggestions, emails and comments, are not confidential nor shall the Client have any intellectual property rights therein. Customer’s consent to the Terms shall be deemed to be authorization for the Company to use any Customer Data (excluding Customer’s personally identifiable data). Such use does not require additional approvals by the Client and/or will not be billed separately.
35. GENERAL PROVISIONS
- The Client acknowledges that no representations were made to it by or on behalf of the Company that in any way prompted or persuaded it to accept the Terms.
- In the case of joint trading accounts for two or more persons who shall jointly be deemed to be a Client of the Company, the obligations of the Client under the Terms shall be joined and several and any reference in the Terms to the Client shall be construed, as applicable, as a reference to one or more of such persons. Any warning or other notice given to any one of the persons comprising the Client shall be deemed to have been given to all persons comprising the Client. Any order given by any one of the persons comprising the Client shall be deemed to have been given by all of the persons comprising the Client.
- In the event that any provision herein shall at any time be or become illegal, void or unenforceable in any respect under any law and/or regulation of any jurisdiction, the legality, validity or enforceability of the remaining provisions of the Terms or the legality, validity or enforceability of this provision under the law and/or regulation of any other jurisdiction shall not be affected.
- The Client shall take all reasonably necessary measures (including, without prejudice to the generality of the foregoing, the execution of all necessary documents) to enable the Company to properly perform its obligations in accordance with the Terms set forth herein. The location of detailed information on the execution and conditions for investment transactions in financial instruments carried out by the Company and other information on the Company’s activity are accessible and addressed to any natural and legal person on the Company’s website via the Internet.
35. APPLICABLE LAW AND REGULATIONS
- The commercial relationship and the agreement are governed by the laws of the Republic of
35.2 . Notwithstanding any other provision of the Terms, in providing Services to the Customer, the Company shall be entitled to take any action it deems necessary in its absolute discretion to ensure compliance with relevant market rules or practices and all other applicable laws.
- All transactions on behalf of the Client shall be subject to the applicable laws, regulations, directives, circulars and customs of the FSA. The Company shall be entitled to take or omit to take any action it deems appropriate to comply with the applicable regulations in force from time to time. Any such measures taken and the applicable regulations in force from time to time shall be binding on the Client.
- 4Square (CY) Ltd, registered in Cyprus with registration number HE404118 and registered office at Laerti 1, Office 2, 3065, Limassol, Cyprus, acts as a payment agent for the purpose of facilitating payment services to the Company.
37. COMMON REPORTING STANDARDS
- The Company is also required to identify, maintain and report information on individuals and entities tax resident in another jurisdiction for whom it maintains financial accounts and to report it to the New Zealand Tax Department to the extent reportable under applicable law.
38. BONUS AGREEMENT
- The Company reserves the right to grant Bonuses and/or Promotions to its customers as will be communicated on its website. To this effect, Customers are advised to consult the Company’s website for the latest bonuses.
- The Company reserves the right to refuse and/or decline and/or cancel a customer’s eligibility for a bonus if there is any suspicion of manipulation and/or fraud and/or illegal trading activities under these Terms.
- These Terms shall be read in conjunction with the Bonus Agreement, which is published by the Company, and which may be amended from time to time at the Company’s discretion.
- Customers agree to consult the Bonus Agreement and understand the consequences before subscribing to the Bonus Agreement. For more information, please refer to the Bonus Agreement on the Company’s website.
Eligibility conditions
- Eligible to apply for and/or accept this Bonus Offer (the “Offer”) are those persons who can enter into legally binding contracts under the applicable laws in their country of residence. Notwithstanding the foregoing, persons under the age of 18 or otherwise minors in their country of residence (“Minors”) are not permitted to participate in the Offer.
- The Offer is available to customers who have opened or maintain a trading account with the Company during the Offer period, as announced from time to time by the Company and/or its officers. Upon acceptance of this Offer, customers must present their current and/or valid “know your customer” documentation (i.e., proof of identity, proof of address) and/or any other documents as requested by the Company and current due diligence procedures, as amended from time to time at the sole discretion of the Company.
- It is further acknowledged that the Company reserves the right to promote and/or publish subsequent Offers and/or Bonuses and/or Promotions subject hereto and/or with different Terms and Conditions. To this effect, the Company will explicitly inform Clients of the duration of each Bonus Offer and the features applicable to the Clients must remain informed of the Company’s communications and/or announcements related to this matter and accept the offer in the form of a bonus on their trading account(s).
- Employees and their family members, partners or presenters of the Company, or any person associated with the Company may not participate in this Offering.
Specific bonus terms
- For every 1000 USD given as a bonus to the Client, he is subject to a turnover of 200 lots minimum trading volume and/or as agreed with the Company. While each billing of 1 lot is considered equivalent to the standard size of a trading operation of 100,000 USD.
- In case the Client requests a withdrawal before completing the minimum trading volume, according to the bonus provided, the Company reserves the right to apply a penalty waiving any profit accrued since the bonus was granted to such trading account.
- It is recognized that when a client trades a bonus and an interruption occurs, any additional bonus credited to the account after the interruption is subject to an additional trading volume as described For these purposes, the calculation of the trading volume will start again on the date of payment of the additional bonus and any previous volume will be disregarded for the calculation of the trading volume.
- It is further acknowledged that clients may proceed with a request for withdrawal of the bonus and/or any part of the profits obtained by trading a bonus, once they have completed the verification and due diligence procedure and have complied with the minimum trading volume as described above. It is clarified that any profit obtained by trading with a bonus means profit on trades that were opened or closed while any amount of the bonus was present in the account and/or where the bonus has prevented stop positions.
- If the account becomes inactive in accordance with the provisions of the Terms and Conditions, without obtaining the minimum trading volume, the Company reserves the right to forfeit the accrued winnings associated with the bonus.
General Terms
- It is hereby acknowledged that customers are required to wait 24 hours before the addition of
any bonus to the trading account of eligible customers.
- The Company reserves the right, in its reasonable discretion, to decline/reject and/or refuse participation by any customer and/or discontinue this Offer to any of its customers, without cause. Such customers will be notified via email.
- The Company reserves the right to alter, amend or cancel this Offer at its sole and absolute discretion by notifying the The notification of any alterations will be sent via email to the official email address provided by the customer. It should be noted that participation in this Offer constitutes acceptance of and agreement to comply with such alterations, amendments and/or changes, while customers remain responsible for being informed of any subsequent amendments thereto.
- Any indication or suspicion, in the Company’s sole discretion, of any form of arbitrage (including, without limitation, riskless profits), participation in illegal trading and/or illegal activity, abuse (including, without limitation, patterns of trading activity by the participant indicating that the participant is solely seeking to benefit financially from the credit trading bonus without actually being interested in trading the markets and/or assuming market risk), fraud, manipulation, cash back arbitrage related to a trading bonus, or any other form of deception or fraudulent activity, shall void all trading bonuses previously credited to the Client’s trading accounts with the Company and/or any and all transactions made and/or profits or losses realized on the In these circumstances, the Company reserves the right, at its sole discretion, to close/suspend (either temporarily or permanently) all trading accounts of the Client with the Company, cancel all orders and void all profits of such participant. In such circumstances, the Company shall not be liable for the consequences of the cancellation of the trading bonus, including, but not limited to, the closing of orders due to Stop Out.
39. INTERNATIONAL ACCOUNTS WITHOUT SWAP
- The Company may, at its own discretion, offer swap-free foreign exchange trading accounts to certain international customers with a minimum deposit determined from time to time.
- International non-swap accounts are free of overnight charges for the first 5 days a position is opened. The Company may, at its discretion, impose on the sixth day a storage fee of 10 USD/lot per night. Clients are advised to manage their open orders and note that the amount charged will triple in the event that the overnight order falls on an end-of-day. The Client hereby confirms and/or agrees and/or declares that all open trades will expire and will be automatically closed by the system after three (3) months, including hedging and limit positions. Trades will expire without prior notice.
- Any customer who abuses the non-swap facilities for profit and/or abuses the rights conferred by the classification of the account as an international non-swap trading account, the Company has the right, without prior notice, to proceed with the following:
- The Company may add commissions on any and all transactions executed on the Islamic account; and/or the Company may cancel the rights and/or special conditions of the Islamic account.
vested in the account due to its classification as an international non-swap account; b. to recover the Account’s designation as an international non-swap account and convert it to a regular trading Account; and/or c. the Company may restrict and/or prohibit the customer from hedging its positions; and/or d. the Company may, in its sole discretion, close any open positions and restore them to the then current actual market price.
- Customer hereby acknowledges that it shall bear all costs arising from the aforementioned action(s), including, but not limited to, the cost of the change of
40. ACCOUNTS WITHOUT SWAP
- The Company offers swap-free Forex trading accounts, also known as Islamic currency accounts. These accounts comply with Islamic religious beliefs and are offered exclusively to Muslim clients upon presentation of proof of religion.
- Since the Islamic religion prohibits any business transaction in which one party must pay or receive any interest from another party (i.e., exchanges), any customer who gives sufficient proof of his religion will be granted an Islamic currency account.
- Non-Muslim forex traders are not eligible for Islamic forex accounts.
- Islamic accounts are free of overnight charges for the first 5 days a position is opened. The Company may, at its discretion, impose a storage fee of 10 USD/lot per night on the sixth day. Clients are advised to manage their open orders and keep in mind at that the amount charged will triple in case the overnight order falls on a weekend day. The Client hereby confirms and/or agrees and/or declares that all open trades will expire and will be automatically closed by the system after three (3) months, including hedging and limit positions. Trades will expire without prior notice.
- Any customer who misuses the non-swap facilities for profit and/or abuses the rights conferred by the account’s classification as an Islamic account, the Company has the right, without prior notice, to proceed with one or more of the following:
- the Company may add commissions on any and all transactions executed on the Islamic account; and/or the Company may cancel the special rights and/or conditions conferred to the account by its classification as an Islamic account;
- de-designating the account as an Islamic account and converting it to a regular trading account; and/or
- the Company may restrict and/or prohibit the customer from hedging its positions; and/or
- the Company may, at its sole discretion, close any open positions and reset them to the then current market price.
Customer hereby acknowledges that it shall bear all costs arising from the action(s), including, but not limited to, the cost of the spread change.
Swap-free accounts for Islamic clients will have the following characteristics:
STANDARD | |
Platform | Trade using the popular MT5 platform |
Spread | Tight spreads: starts from as low as 3.2 points |
Commission | Forex, metals, energy, commodities, indices, stocks: no commissions |
Minimum contract size | 0.01 |
Minimum deposit | 250$ |
Maximum leverage | Up to 1:200 |
Stop-out level | 5% |
Mobile application | √ |
Web Operator | √ |
SWAP | No overnight swaps (terms and conditions apply) |
EA Support | √ |
Hedging | Allowed |
Support 24/5 | Superior customer service: dedicated live support 24 hours a day, 5 days a week |
Account Manager | √ |
Assets traded | More than 170 currency pairs, CFDs, indices, metals, commodities and shares |
Education | Educational materials and daily analysis. |
Account currency | USD or EUR or GBP |