1.1 The User Agreement includes: annexes, amendments, agreements and authorisations to be accepted by the Client in relation to the services provided by the Company. The “ User Agreement” defines further interaction between the Broker and the Client, as well as, establishes other rights and obligations of the Parties, which arise in connection with the order of provision and performance of these services.
1.2 In accordance with the provisions of the “ User Agreement” Customer will commence transactions in securities and financial instruments.
1.3. In accordance with the provisions set out in the “ User Agreement” Broker provides the following range of services:
(a) provision of access to trading platforms, namely the software by means of which electronic data transmission is made through a personal desktop, laptop or other device connected to a modem or authorised data transmission network designated by the Company;
(b) provision of access to trading platforms, namely to the software by means of which electronic data transmission is made through a personal desktop, laptop or other device connected to a modem or authorised data transmission network designated by the Company
b) provide access to the necessary interactive programmes and services related to trading on the financial markets offered by the Broker in order to:
- have access to an authorised third party service provider;
- be able to obtain trading information and quotes from a Broker or authorised third party service provider.
1.4. Before commencing cooperation, the Customer undertakes to accept, carefully read and agree to all the terms “ Company's User Agreement ”
1.5 By signing the “ User Agreement” the Client agrees that the Broker may unilaterally make adjustments and changes, also add, rename, or leave unchanged the services provided in accordance with the Agreement. However, the Company will have to notify the Client of the changes as soon as possible as specified in the Agreement.
In accordance with the General Terms and Conditions, any changes, additions or renaming of services shall take effect five working days following notification to the Customer of the changes set out in section 4.
1.6. any financial instruments by means of which the Client trades in accordance with “ User Agreement” are settlement instruments. The Client should note that there is no delivery of the physical currency or asset underlying the contract at the time of execution.
1.7. The Customer undertakes to acknowledge and understand the following:
(a) the Broker shall execute trades and certain additional services as may be agreed between the Client and the Company in writing from time to time;
(a) the Broker shall execute trades and certain additional services as may be agreed between the Client and the Company in writing from time to time
b) The Broker does not provide advice or guidance regarding any transaction entered into under “ User Agreement”.
c) the Broker does not have access to the management and monitoring of the Client's investments;
d) Execution by the Broker of any orders on behalf of the Client does not imply the approval or recommendation of this transaction by the company;
e) the Broker specifies different types of risk disclosure both in the “ User Agreement” and on the online platform;
f) the Broker will not act as a trustee or provide an individual recommendation to the Client in respect of any transaction in securities and financial instruments unless agreed in writing.
g) the Client undertakes to make his own assessment of his transactions, which will be considered in the light of the Client's own objectives and obligations, including consideration of the likely risks and benefits associated with the conclusion of those transactions;
h) The Client must understand that he should not rely on any information, suggestion or notification from the Broker as a recommendation or advice in relation to this transaction.
2. Stages of opening a trading account
2.1. Before opening a trading account, the Client must go through the registration procedure on the Company's official website. For this purpose it is necessary to fill in the registration form for opening a trading account and accept “ User Agreement”.
2.2.2. while going through the registration procedure, the Client has the right to choose one of the offered trading account types. Terms and specifics of service provision for each of the offered trading account types are placed on the Company's official website and are an integral part of the “ User Agreement”.
2.3. The customer must understand that he/she is personally responsible for providing correct data and for all possible consequences resulting from its unreliability or invalidity.
2.4 Upon completion of the registration process and signing of the “ User Agreement” the Client will be provided with a trading account. Afterwards, data generation will take place and the Company will provide access codes (login and password) to the Personal Area and the Trading Terminal. The access codes are necessary for the identification of the Client during trading operations as well as management of the trading account and funds.
The Customer's login is a one-time thing and cannot be changed. The password may be changed at any time at the request of either party. The password may be changed by the Customer at any time but the Customer need not notify the Company.
2.5. The opening and maintenance of the Customer's trading account shall be in Euros.
2.6. The Customer's trading account will be automatically connected to the trading platform.
2.7. When a Customer initially registers, the trading account opened for them will be linked to the trading platform.
2.8 If the Client has unique and super-aggressive trading strategies, he/she must warn the Broker of his/her intention to do so, after which the Company will ask for proof of his/her qualifications as a professional trader or investor. If the Client refuses to provide evidence, the Company reserves the right to refuse further services to the Client and to disable access to the trading account and cancel all trades and their results.
The Client shall not be obliged to provide evidence.
2.9. Customer undertakes to accept responsibility for maintaining the confidentiality of the data to access his trading account and for all trading and non-trading operations carried out on the account duly authorised on the trading platform, on the official website using Customer's trading account access data.
2.10. In a situation where the Client loses the password, the Broker is entitled to change the existing password on the Client's application. However, before the procedure of changing the password, the Client must undergo identification, which is carried out by all available means.
3. Rights, guarantees and duties of the parties
3.1. The customer is entitled to:
3.1.1 Communication with a Broker or authorised third party service provider to obtain quotations and information for the purpose of trading the financial markets.
3.1.2. to access trading operations on financial markets through the trading platform provided by the Broker. 3.1.3. receive and request any information regarding the current status of his account at his first request, subject to communication between the Client and the Broker.
3.1.4. The right to dispose of the available funds in the Personal Account at any convenient time.
3.1.5. Ability to give requests, orders and instructions to the Broker for trading on the financial markets exclusively through myAlpari or by telephone.
3.2. For its part, the Customer warrants that:
3.2.1. has full civil legal capacity and capacity.
3.2.2. he is aware that “ User Agreement” does not violate any laws, rights and statutory regulations applicable to the Customer or in the jurisdiction in which the Customer is resident.
3.2.3. Any information provided by the Customer pursuant to “User Agreement” is complete, accurate and truthful, including all related aspects.
3.2.4. The Customer undertakes to accept liability for all probable consequences which may arise as a result of his actions in accordance with “ User Agreement”.
3.2.5. undertakes to be the only authorised person using the Broker's services for the trading account, thereby being responsible for maintaining the confidentiality of personal data and the necessary access codes.
3.2.6. The customer guarantees that the funds are of legal origin and therefore any use of them is lawful
3.2.7. Customer warrants that the funds transferred to his trading account are of legal origin and legal possession and right.
3.3. The Customer undertakes:
3.3.1. to comply with the terms and obligations set out in the “ User Agreement” and in other annexes thereto and other information published on the website.
3.3.2. Make any payments strictly in accordance with the terms and conditions of the “ User Agreement”.
3.3.3 Provide up-to-date identification information and data and notify the Company of any changes thereto without delay. The Customer shall be responsible for all the consequences of failing to notify the Company of any changes.
3.3.4. undertakes not to disclose to any third parties the access codes and other information which is used to identify the Customer during the performance of trading operations and management of the trading account and the funds in it.
3.4. The broker reserves the right:
3.4.1. Require that the Customer duly fulfils the terms “ User Agreement ”.
3.4.2. in order to carry out proper identification, request from the Customer the provision of information and data necessary for the opening of the trading account and for Customer's trading and non-trading operations.
3.4.3 If the Customer refuses to comply with the “ User Agreement” requirements, the Company has the right to unilaterally terminate the Customer's access to the services provided.
3.4.4 In order to prevent fraud, money laundering and other conflict situations, the Broker is entitled at any time to request the Client to confirm his/her identity or registration data of a legal entity. Confirmation of the Client's identity or the legal entity's registration data is performed in accordance with the procedure set forth in Section 7 of the “ User Agreement”.
3.4.5. declare any position (or multiple positions) of Customer void and close it at the current price at any time at its sole discretion, provided that all trading systems employed by Customer are designed to exploit a possible vulnerability in the Company's software.
3.4.6. The Company may prohibit the use of Expert Advisors or prohibit access to trading and the trading account altogether in the event that an unproductive burden of service has been detected on the part of the Client.
3.4.7. Provided that a trade has been adjusted or cancelled by the liquidity provider, the Company has the right to edit or invalidate the trade.
3.4.8. If the Client has had a debt recorded, the Broker is entitled to use the balance available on the
the Customer's trading account.
3.4.9. The Broker has the right to forcibly close (liquidate) Client's open positions without prior notice to the latter if the current status of the trading account «Margin Level» is less than 80% of the required margin to maintain open positions (Margin Call situation). In certain cases open positions can be forcibly closed with obligatory notification to the Customer.
The company is of course obliged to start closing unprofitable trades, provided that the current Margin Level «Margin Level» becomes less than the margin required to maintain open positions («Stop Out» situation). The minimum allowable margin level is 20%.
3.5 The broker guarantees that:
3.5.1 All data provided by the Customer will be protected by the Company in accordance with the privacy and data protection provisions contained in Section 8 of this document;
3.5.2. 24 hours after the Broker has received the relevant request, the Client will be provided with any necessary information regarding the status of his trading account.
3.5.3 The Client must understand that the Broker is not acting as a fiscal agent. This means that the Client is solely responsible for all tasks relating to taxes, fiscal and tax reporting, including, but not limited to, payment of any and all taxes arising from or in connection with any transactions relating to the services provided by the company.
3.6. For its part, the Broker undertakes:
3.6.1 Once the Customer has successfully completed the registration process, the Company will open a personal trading account for the Customer and then you can begin to trade.
3.6.2. enable the Customer to carry out trading and non-trading operations on the financial markets on the terms and according to the procedure set out in the “ User Agreement”.
3.6.3. Provide services in accordance with the terms “ User Agreement”.
4. Information exchange
4.1 The broker may communicate with the customer through:
b) the trading platform's internal email;
c) facsimile communication;
4.2 We will use the Client's most recent contact details to contact the Client. The Client shall not be entitled to claim that the information sent to the Broker at the details provided by the Client is incorrect or invalid.
4.3. Documents, announcements, notices, confirmations, requests, reports, communications, correspondence and other will be deemed to have been received by the Customer:
- at the end of the telephone call;
- 7 working days after posting;
- one hour after sending to his e-mail address;
- immediately upon dispatch via the trading platform's internal mail;
- immediately after faxing;
4.5 Upon expiry of three calendar days after the Company has sent the notification via the client terminal's internal mail, the Client agrees that the Broker is entitled to delete messages that have not been received.
4.6. The Client consents that we may keep records of oral and telephone conversations with the Client. Recordings of this type may serve as evidence of requests and instructions given by the Client and other interactions between the Client and the Company, which are the property of the Broker
5. Customer finance: settlements, payments and transfers
5.1 In order to enable trading transactions, the Broker may require the Client to fund the trading account by transferring funds to the Company's accounts using any acceptable method of payment.
5.2. Customer understands that the funds will be credited to the trading account on the date of execution of the terms of the transaction, less any transfer fees or other charges likely to be incurred.
5.3. The client has the right to withdraw the funds available in the trading account at any time and at his own discretion, as long as it is stipulated in the “ User Agreement”. Often, funds can be withdrawn from the trading account by the same payment methods previously used to fund the account and to the same bank account or through the same electronic payment system used to fund the account.
5.4. The Customer may make deposits or withdrawals in one currency only - EUR.
5.5. In the event that the Customer wishes to deposit or withdraw funds from his trading account:
a) the Broker will not accept payments to/from any third party and thus the payer and recipient of the funds must be the same person as the Client;
b) funds may be withdrawn to the same bank account or by the same funding method used to fund the account; where the method used to fund the account cannot be used for withdrawals (e.g. via payment terminals, bank cards etc.), withdrawals may only be made by bank transfer to a bank account opened in Client's name
c) if different methods and currencies are used to fund the account, conclusions shall be drawn on a pro rata basis in respect of each method and currency.
5.6. Within one business day, the funds shall be credited to the Customer's trading account.
5.7. If the amount to be withdrawn, including all charges, exceeds the free margin, the Broker reserves the right to refuse such withdrawal request. As any withdrawal from a trading account which has open positions can only be made within the free margin available on the Client's account.
5.8. Upon receipt of a withdrawal request from the Customer, the Company shall comply with the Customer's request within five working days.
5.9. Any fees, expenses and commissions charged by banks, clearing agents, exchanges, depositories and other entities in relation to the transfer of funds and settlements between the Parties shall be paid by the Customer.
5.10. The Client understands and accepts that when his trading account is funded with a delay caused by a software failure, the Broker may fund the account manually, provided that the Client has notified the Support Team.
5.11. At the Client's sole discretion, the Client may transfer funds to the trading account to replenish it or to maintain an open position. For its part, the Company shall not send to the Client any requirement to maintain the level of necessary margin.
5.12. The broker is entitled to limit the minimum and maximum amounts to be credited and debited, which will be differentiated according to the method of crediting or debiting.
5.13. Subject to the terms specified in the “ User Agreement” to receive commission or other remuneration from the Client for the services provided. In addition, the Client must compensate any costs incurred by the Broker. That is why the necessary amount will be withdrawn from the Client's trading account without acceptance.
5.14. The Broker reserves the right to pay or receive fees, commissions or non-monetary benefits to and/or from its affiliates or third parties as long as this does not go against the law. In addition, the Company may pay a fee or commission to any third party who brings a new (prospective) client to the Company. In return, the Client agrees that it is not obliged to make a separate disclosure of the principal provisions relating to any such fee, non-monetary benefit or commission.
5.15. The Broker reserves the right to block an account that is inactive and remains without a deposit for more than three consecutive months. Trading accounts that have been blocked in this way will be automatically archived, after which the Client will not be able to use the access codes to myAlpari and the trading account.
In order to restore access to the trading account, the Client must send a request to Customer Services. After three working days following the request, the Client's account will be unblocked and the Client will receive a notification to his e-mail address.
5.16. Trading accounts that remain inactive for more than three months may be deleted and can no longer be reinstated.
5.17. If the trading account remains inactive for a period of three months, but there is a deposit in the account, the Broker reserves the right to charge and debit an annual account maintenance fee of €20 to keep the trading account open.
5.17.1 Attractive bonus is triggered with every deposit, allowing you to automatically receive additional funds and trade up to 2x the deposit amount. In order to make a withdrawal, you need to make a transaction amount equivalent to the bonus within 100 days. If the required volume is reached within 100 days, the trader can withdraw the full amount of funds immediately.
5.18. Clients are strictly forbidden to use such trading strategies, the purpose of which is to gain profit by deliberately creating situations, based on which one of the Client's accounts or a group of Clients gets into negative balance zone, including when these accounts are registered to different persons, knowingly being a part of one trading strategy. If the specialists of the Company become aware that the Client prefers to use this type of trading strategy, the Company reserves the right to restore the negative balance on one of the Client's accounts at the expense of funds on another account.
5.19. If there are objective reasons, the Broker may recognise transactions on the trading server as non-marketable.
5.20. In the event of situations involving a significant reduction in liquidity, the Broker reserves the right to close trading on one or more instruments, or to allow trading on them only in the exceptional “Closing” mode.
6. Anti-money laundering policy
6.1 You can read more about this document by going to link
7. Identification of the Client
7.1 Based on the requirements associated with the KYC procedure, the main part of the anti-money laundering programme indicates that the Company is required to carry out identification of any Client with whom it enters into a business relationship. In addition, the monitoring of customer relationships will be replicated on an ongoing basis.
7.2 During the identity verification procedure, as an individual, the Broker will pay attention to the following indicators:
- valid passports;
- identity cards;
- current (valid) driving licence
7.3 During the identity verification procedure, as an individual, the Broker will pay attention to the following indicators:
- the last utility bill issued;
- recent bank or credit card statements;
- last bank recommendation.
The “Latest”refers to a bank recommendation that has been issued no later than the last 3 months.
7.4. The Broker will verify the Client's identity before processing the Client's request to withdraw any significant amount from his trading account.
7.5. Subject to paragraphs 7.2 and 7.3, the Broker reserves the right to require certain documents from the Client, on a case-by-case basis and on the basis of an anti-money laundering programme.
7.6. In a situation where a company must rely on KYC documents which are not originals, they must be duly certified as true copies of the original. These copies may be certified by a solicitor, actuary, accountant or any other person of recognised professional qualification or a member of the judiciary or a senior government official.
The Company must also ensure that the copies are authentic.
7.7 If the Customer provides KYC documents which are in languages which are not the working languages of the company, the Customer shall provide a certified translation of the document into English. In addition, the translation must be typed, signed by the translator and attached to the certified copy or original document.
7.8. The Broker shall send a request to the Client, whereupon within thirty (30) calendar days from the date of the request, the Client shall provide the original KYC documents.
7.9. While waiting for KYC documents, the Broker reserves the right to suspend the execution of non-trading operations on the Client's account, including withdrawals.
7.10. If Client fails to submit documents within 30 calendar days, Broker reserves the right to freeze any trading and non-trading operations on Client's account as well as, close all open positions at current market quotations and block the funds placed on the trading account without Client's consent.
7.11. Based on KYC policy, the following documents may be requested from an entity (Customer):
(a) Constituent documents and documents of incorporation of the legal person which have been issued by authorised bodies. b) a bank statement or bank statement showing that the legal entity has a bank account.
c) A power of attorney for an individual authorized to manage the Client's trading account, with mandatory indication in the text of the power of attorney of all necessary details of the Client and data of the identification document of the individual, as well as the authority of this individual to manage funds, perform trading and non-trading operations on the Client's trading account and interact with the Broker on all issues on behalf of the Client. The power of attorney must be signed by the head of the Client – of the legal entity and sealed.
d) the decision of the competent authority appointing the head of the legal person.
e) e) Copy of an identification document issued by the authorities of the Client's jurisdiction, with a photograph of the natural person (passport, driving licence, identity card) authorised to operate the Client's trading account – legal person.
f) Where documents are submitted in copies and/or require translation, the certification and/or translation requirements must be complied with, along the lines set out in paragraphs 7.4 and 7.7 above.
8. Privacy and data protection
8.1. The Company undertakes to maintain the confidentiality of Customer Data and not to disclose it to any third party, except:
- to the extent necessary under any applicable law or regulation;
- where there is an obligation to publish data;
- if the Broker's legitimate business interests require disclosure;
- at the Customer's request or with the consent of the Customer or the persons described in Section 8.
8.2 The Broker reserves the right to disclose the Client's personal data to those agents who provide the Company with a range of additional services. In addition, the Broker may transfer or offer to transfer any of its rights or obligations to any person based on the “User Agreement” and licensed credit agencies or other entities which assist the Broker and others:
- act in accordance with the laws;
- make credit decisions;
- reduce the likelihood of fraud during identification, fraud prevention through credit control checks. The broker reserves the right to transfer Customer data to other branches for business purposes, such as servicing customer accounts and informing customers about new products and services, as permitted by applicable law.
8.3. The Broker grants the Client access rights to some or all of the personal data that the Company collects or holds at the time of the request or to correct inaccurate information, applying the Data Protection Act. In order to exercise his requirements, the Client must apply in writing and the Client may then be asked to provide additional information to assist with the necessary request.
8.4. The Broker reserves the right to record or monitor telephone conversations as well as electronic and other correspondence between the Client and the Company to ensure security, compliance with the law, educational purposes and to improve the quality of services.
Cookies – are part of the data stored on the Client's computer containing information about the Client relating to the use of the trading system. IP addresses can be linked to the Client's Personal Data and by tracking these addresses, the Broker will receive personal data. For its part, the Company grants access to trading once the Client agrees to grant permission for cookies and IP address tracking devices. The Client, on his part, understands that he has given permission for access to a wide range of cookies and IP tracking devices.
8.6. Any services provided through the trading system include transmissions over the Internet, for his part, the Client must be aware that such transmissions are subject to a certain risk. The broker shall take all possible precautions. The client should be aware that when trading online, he may be exposed to unauthorised programmes transmitted by third parties, the electronic disruption or failure of information and data to reach intended destinations or the erroneous receipt or misdirection of such information. The technical equipment ensures the confidentiality and security of the data, but the Company cannot guarantee the elimination of possible risks. Due to this, any transmission through the trading system cannot be considered as guaranteed confidential. The Broker will not be liable for any breach of confidence arising from such events.
9.1. The Client agrees that any trading system shall be provided by the Broker in its original form and without warranty of any kind, including:
- commercial suitability or fitness for a particular use, purpose or application;
- no interruptions or results to be obtained by the customer or anyone else when using the trading system.
For its part, the Broker shall not be liable for any loss or damage suffered by the Client or any third party in connection with the provision of any services to which the “User Agreement”applies, unless such loss or damage is directly caused by fraud, gross negligence or malice on the part of the Broker.
9.2 Any loss or damage caused, directly or indirectly, by any event, act or omission beyond its control including, without limitation, loss or damage resulting, directly or indirectly, from any delay or inaccuracy in the transmission of orders or information due to the failure, delay or malfunction of any transmission, communications or computing facilities shall not be liable.
9.3 In the event of a quotation or execution error, the Broker reserves the right to make any necessary corrections or adjustments to the account involved. Any disputes arising from such quoting, execution or other errors will be resolved by the Company after its sole discretion and analysis.
9.4 The reasons related to delays in internet connection and quotation submission periodically create a situation where the prices displayed on the trading platform do not accurately reflect market quotations. The Broker prohibits the use of latent arbitrage practices that benefit from these Internet delays. If the Company detects that the Client uses latent arbitrage during trading, the transactions carried out using this technology will be annulled. The broker reserves the right to make necessary adjustments or corrections on the account involved, at its sole and absolute discretion.
9.5 The Client is required to be aware that in highly volatile market conditions, such as the announcement of key (crucial) news, may expose the Client to additional risks. There is a possibility that the Client may not be able to obtain the price he or she is requesting. In turn, the Broker cannot guarantee price stability in times of high market volatility.
9.6 The Client is required to agree to indemnify and hold Broker harmless from any likely liabilities, damages, costs and expenses, including legal fees and expenses, incurred by Broker in connection with the provision of services to the Client pursuant to “User Agreement”. In addition, the Client should note that any such circumstances, losses, costs and expenses have not arisen due to fraud, gross negligence or wilful misconduct on the part of the Company.
9.7 In the situation where the Company finds that the Client is in breach of any “ User Agreement which has resulted in any damage, loss, expense, charge or expense, the Company reserves the right, at its sole and absolute discretion and without the Client's consent, to debit his trading account(s) with an amount sufficient to fully cover such damage, loss, expense, charge or expense. If there are insufficient funds in the Client's account(s), the Company will require the Client to replenish the account in an amount that can satisfy the Broker's claims.
9.8. Once the Broker notifies the Client of a loss, the claims must be settled by the Client within ten working days of the notification.
9.9 Payment for inactivity
9.9.1 If during the last 365 calendar days no trades have been detected in Customer's trading account and all positions have been closed, from the first day of the next calendar month onwards a maintenance fee of 10 EUR (ten euro) per month shall be deducted from the inactive trading account.
9.9.2 The fee will be charged solely from Customer's personal funds. In addition, funds that have been credited to Customer as part of one or more bonus programmes or other promotions cannot be used for the maintenance of the trading account.
9.9.3. If there are insufficient funds on the Client's Personal Account, the Broker is entitled to debit the missing funds from any other trading or personal account of the Client. The amount to be debited is recalculated at the Broker's internal current exchange rate.
9.9.4 After 365 calendar days the inactive trading account will automatically be moved to the archive and may be reactivated upon Customer's request to the Support Team, subject, however, to the payment of any outstanding fees owed by Customer in respect of this or other inactive trading accounts.
10. Force majeure
10.1 Both parties are released from liability for failure to fulfil or improper fulfilment of their obligations under “ User Agreement” if this is due to unforeseeable circumstances in which both parties could not have foreseen or avoided. Such circumstances include: fires, floods, epidemics, power and communications disruptions, earthquakes, tsunamis, other natural disasters, man-made disasters, terrorist acts, riots, acts and actions of authorities, embargoes, war and armed conflicts, or other circumstances beyond the control of the Parties, except to the extent that the defaulting Party is guilty of failure to prevent, or itself causes, such default or delay and provided that such failure or delay cannot be prevented
10.2 Exclusion of liability under “ User Agreement” also includes unlawful acts against the Company, its employees or its property, including hacking and other unlawful acts against the servers.
Force majeure in accordance with the “ User Agreement” also includes the suspension, liquidation or closure of any market, or the absence of any event on the basis of which the Broker bases the quotes or imposes restrictions or special or non-standard trading conditions on or in respect of any such market.
10.3. In the event of the occurrence of force majeure, excluding liability, the Broker shall be entitled to take any or more of the following actions without prior notice to the Client:
- increase margin requirements;
- close any trading position(s) of the Client at a price the Broker considers fair;
- limit or amend one or more clauses of the “ User Agreement” and its annexes until such time as the exclusion of liability has ceased to apply;
10.4 The party for which the non-performance or improper performance of obligations under “ User Agreement” was caused by force majeure circumstances shall notify the other party of such circumstances within twenty calendar days from the beginning of their effect. The party that fails to notify the counterparty of the occurrence of circumstances precluding liability within the specified period shall not be entitled to refer to them as circumstances precluding liability.
11. Claims and complaints
11.1. If the Client has any complaints about the performance of services by the Broker based on the “ User Agreement”, the Client should send a complaint to the Helpdesk, who will investigate the nature of the complaint and try to resolve the problem.
11.2. All claims and complaints against the Broker shall be made within the following time limits:
- three (3) days shall be allowed for the submission of a claim which is based on the relationship between the parties regarding the performance of trades on the financial markets.
- twenty (20) calendar days are allocated to a claim that relates to non-trading transactions and other grounds.
Particular attention should be paid to the fact that if the Client refuses to submit a claim within the specified time frame, it constitutes proof of acceptance of the Broker's actions and the absence of any dispute or disagreement.
11.3. The claim must include the following details:
(a) the Client's first and last name;
b) login to the trading platform;
c) a description of the situation.
11.4 Claims related to trading on the financial markets shall include the following:
(a) the date and time of the problem situation (based on trading platform time);
b) the ticker of the disputed position or pending order.
11.5. The claim must not include:
a) the emotional colouring of the dispute;
b) abusive language about the Company and its employees;
11.6 The Company shall have the right to reject a complaint from the Customer if the conditions for making and sending a complaint specified in clauses 11.2, 11.3, 11.4, 11.5 and 11.8 of the User Agreement have not been complied with. 11.2, 11.3, 11.4, 11.5 and 11.8 of the “ User Agreement.
11.7. If the claim has been accepted by the Company, the Company shall consider the claim and make a decision on the disputed situation as soon as possible.
11.8 In the event that the Company has to ask the Customer for additional information or documents in order to review the claim, the beginning of the time for review of the claim shall be the moment the Company receives all the requested information or documents from the Customer.
11.9. If the Client's claim concerns a trading operation, the server log file and is the only source of information when considering a disputable situation related to the Client's trading operations on financial markets, the Client acknowledges and understands this. The information contained in the server log file shall have unconditional priority over other arguments when considering a dispute, including the information contained in the Client's terminal log file.
11.10. If due to maintenance work on the servers, of which the Customer has been notified in advance, the Customer's order has not been executed, no claims will be accepted in respect of such orders.
11.11. If the situation is deemed justified, the settlement takes place in the form of a compensation payment credited to the Client's trading account within one business day. The Company shall not compensate the Client for any profit lost, even if the Client had the intention to do something, but failed to do it for any reason. In addition, the Company will not indemnify any consequential or non-pecuniary loss.
11.12. The company reserves the right to refer to quotes, prices, rates and other information from any other broker or market maker for comparison at the time the claim is decided.
12. Applicable law and jurisdiction
12.1. The “ User Agreement” is drawn up and governed by the laws of the Marshall Islands.
12.2 Both parties (i.e. the Company and the Customer) shall attempt to resolve disputes or disagreements arising in connection with the “ User Agreement” through negotiations. If the negotiations are unsuccessful, the main claims and disputes will be referred to the Marshall Islands Courts for resolution.
12.3 The parties irrevocably submit to the exclusive jurisdiction of the Marshall Islands Courts to resolve any claim, action or other matter relating to the “ User Agreement”. Nothing in the “ User Agreement” shall prevent the Company from bringing an action against the Customer in any jurisdiction.
12.4. Each Party irrevocably waives any objection that may arise:
- at the seat of any proceedings of the Marshall Islands judiciary;
- that the proceedings are conducted at a place of inconvenience to the Client; that the Marshall Islands' judicial authorities have no jurisdiction over either Party.
13. Duration, termination of the Agreement
13.1. “ User Agreement” will not become a binding contract between the Customer and the Company until the Customer's trading account has been opened and approved.
13.2. “ User Agreement” will continue in force until termination.
13.3. The “ User Agreement” may be terminated by the Customer upon fifteen (15) calendar days written notice provided that the Customer has no open positions, outstanding obligations or debts to the Company. The Customer acknowledges that such termination shall not relieve the Customer of any obligations arising from previous transactions entered into in connection with the “ User Agreement”.
13.4 If at the time of termination of the “ User Agreement” the Client has open trading positions, the Company reserves the right to close the open positions at the current market price without notice to the Client. If there is a balance in the Customer's account after closing the positions, such funds shall be sent to the Customer if the Customer has no other existing obligations towards the Company.
13.5. The Company reserves the right to terminate “ User Agreement” by notifying the Customer in writing fifteen (15) calendar days prior to termination.
13.6. Reasons and conditions for termination:
13.6.1 The Company may terminate “ User Agreement” without notice to the Customer, only if the Customer breaches any of the terms “ User Agreement”.
13.6.2 The Company has the exclusive right to protect its interests. As a consequence, the Company will take all reasonable measures against individual Clients who act against the interests of the Company by using the services provided to them in bad faith. The broker reserves the right to unilaterally terminate the contractual relationship with such Client and is not obliged to disclose the reasons for its decision to the Client. The decision shall take effect immediately and without prior notice to the Client.
13.6.3 The Broker has the right to block the Client's trading account without prior notice and to conduct internal checks and investigations. The reason for this may be suspicious trading operations and actions on the part of the Client that violate the provisions of “ User Agreement” and may be illegal.
Unlawful acts are understood to be attempts to make a profit for the customer at the expense of:
– exploiting a possible software vulnerability;
– unfair use of bonuses received;– unfair use of affiliate programmes,
– acting in bad faith as a PAMM/RAMM account manager,
– arbitrage trading,
– trading on the news by engaging in multi-directional transactions in two or more accounts held with one or more brokers, as well as other actions and transactions that violate generally accepted market norms and practices.
If the Company detects any of the above actions by the Customer, it has the right to terminate the “ User Agreement”, block the method of receiving funds, close the Customer's account (or all accounts) and return the balance not exceeding the initial deposit.
13.6.4 As an official warning of suspicions, the Broker may (but is not obliged to) express his suspicions to the Client by e-mail or phone. If after a warning the Client continues to use an illegal trading style, the Broker reserves the right to close all or some of the Client's open positions, debit the results of any trading operations that the Company believes are related to unethical or questionable trading styles and also to terminate the “ User Agreement”, close the Client's account (or all accounts) and return the Client the balance up to the original deposit amount.
13.7. The Customer agrees that the Company reserves the right, however with advance notice, to suspend or partially or completely terminate the Customer's access to the services in accordance with “ User Agreement”. In this situation, the Customer's agreement with the Company is considered suspended or completely terminated. In the event of termination of the “ User Agreement” the balance of the Customer's trading account, subject to the conditions contained in this Section 13, will be returned to the Customer.
13.8. Termination or termination of the “ User Agreement” shall not affect any previously completed transactions or prejudice any previously acquired rights and obligations of either Party.
13.9. Any provisions of the “ User Agreement” relating to the Customer's risks, obligations and liabilities, disclosure of warranty, limitations of liability, compensation, confidentiality and data protection, intellectual property rights, notices, claims and complaints shall survive termination of the “ User Agreement” for any reason.
14. Waiver of performance
14.1. Failure to comply includes the following circumstances:
- the client refuses to pay any amount due and to fulfil any obligation to the broker;
- the client refuses to pay any amount due.
- the initiation by a third party of bankruptcy proceedings against the Customer or the entry by the Customer into an agreement with its creditors for the settlement of its debt or the initiation of any other similar procedure against the Customer;
- if the Customer is a legal entity: initiation of proceedings for the appointment of a liquidator or the appointment of a receiver or bankruptcy trustee in relation to the Customer or the Customer's assets (if the Customer is a legal entity);
- any representation or warranty made by the Customer proves or becomes false;
- The Company has reasonable grounds to believe that the Client has engaged in abusive trading practices, including the use of Sniping, Scalping, «Pipsing», Hedging, placing stop orders to buy or sell prior to the release of financial information, arbitrage, manipulation, use of « fast»/» slow» quotations, etc.;
- the Company has reasonable grounds to believe that the Customer's Account has been opened fraudulently;
- the Company has reasonable grounds to believe that the Customer has committed forgery or used a stolen bank card to fund their Customer Account
- In the event of the Client's death or legal incompetence;
- Any other circumstance that the Broker reasonably considers to be an event of default.
14.2. In the event of default by the Customer, the Company reserves the right, without prior written notice, to take one or more of the following steps:
- close all open positions of the Client at the current quotes;
- close the customer's account(s);
- prohibit the creation of new accounts for the customer;
- write off from the Client's account the amounts owed by the Client to the Broker.
15.1. “ User Agreement” has been translated from English. The text of the Agreement in English shall prevail in all cases.
15.2. The Company may change this “User Agreement” at its sole discretion, but with notice to the Customer, any changes will take effect on the next calendar day after the day of notice unless otherwise specified in the notice or changes.
15.3. Broker may reassign and transfer, in whole or in part, its rights and obligations under this Agreement without Client's consent, provided that the person to whom the rights are transferred consents to such assignment. The Broker shall notify the Client in writing of such reassignment at least fifteen (15) calendar days in advance.
15.4 In the event that Broker ceases to provide any services under this Agreement, Client shall notify Broker in writing at least fifteen (15) calendar days prior to termination of the service. Any funds remaining on the Client's trading account shall be returned to the Client after all positions have been closed and subject to all other provisions contained in this Agreement.
15.5. This Agreement shall be binding upon and for the benefit of the legal successors and heirs of each party. The Client may not, without the prior written consent of the Broker, transfer, assign in whole or in part, the rights, obligations and/or liabilities under this Agreement, whether by operation of law, by merger or otherwise, to any third party. Any attempt to do so without prior written consent shall be null and void and of no force or effect.
15.6. in the event of Customer's death, the right to claim the funds held in his trading account shall belong to his legal heirs, trustees and legal successors, excluding the right to perform trading operations on Customer's trading account.
15.7. The Broker shall be entitled to suspend service to the Client at any time for any reason deemed sufficient by the Broker without prior notice to the Client.
15.8. In the “ User Agreement”:
- words used in the singular include the plural and vice versa;
- words denoting the masculine gender include the feminine and middle gender;
- words denoting persons include companies, associations and groups of persons, corporate or not;
- the words “ may” must be interpreted as permissive; “ shall” or “ will” must be interpreted as imperative;
- expressions relating to writing or similar shall be construed to include facsimile printing, lithography, photography, electronic mail and other means of presenting words in a visible form;
- “ trading” means transactions in securities and financial instruments;
- the phrase “ non-trading operations” means depositing or withdrawing funds from the trading account;
- “ business day” or “ business day” means a day that is not a Saturday, Sunday or public holiday in the country where the Broker's servers are located.