Acordo de negociação forex

Nosso Acordo de Negociação de Parceiros.
INTRODUÇÃO.
Este é o acordo comercial de troca de câmbio para pessoas físicas (o "Contrato") que regerá qualquer contrato que você entre com a gente como pessoa privada para sua própria conta, em relação a uma transação cambial e / ou serviço de pagamento.
Para seu próprio benefício e proteção, você deve ler o formulário de inscrição (conforme definido abaixo) e este Contrato de negociação cuidadosamente antes de assinar (ou aceitar via internet) o formulário de inscrição, pois sua assinatura e / ou aceitação via internet confirmam que você leu e aceita tudo no Formulário de Inscrição devidamente preenchido e neste Contrato de Negociação e, para estes fins, o Formulário de Inscrição deve fazer parte deste Contrato de Negociação. Se você não entender nada no Formulário de Inscrição ou neste Contrato de Negociação, peça mais informações. Recomendamos que consulte o seu consultor jurídico antes de assinar (ou aceitar via internet) o formulário de inscrição e este Contrato de negociação.
1. DEFINIÇÕES E INTERPRETAÇÕES.
1.1 Neste Contrato de Negociação, os seguintes termos devem ter os seguintes significados:
O "Formulário de Candidatura" significa o nosso formulário de inscrição padrão para clientes particulares que, uma vez que você tenha sido devidamente preenchido e aceito por nós, faz parte deste Contrato de Negociação.
"Dia útil" significa de segunda a sexta-feira, excluindo o banco inglês e feriados e feriados públicos em outras jurisdições relevantes.
O "propósito comercial" tem o significado previsto na cláusula 2.2.
"Contrato" significa um acordo de taxa - por telefone ou por outros meios eletrônicos.
"Contraparte" significa o banco ou instituição financeira com a qual celebramos um contrato de correspondência com o nosso Contrato com você.
"UK", 'CUK', 'nós', 'nós' significa Currency UK Limited - uma empresa incorporada na Inglaterra e no País de Gales (número registrado 04017212), cuja sede social é 28 Battersea Square, Londres, SW11 3RA, Reino Unido.
"Depósito" significa, em relação a um Contrato, um pagamento antecipado do montante que possamos, a nosso exclusivo critério, exigir de tempos em tempos e que, a menos que lhe seja notificado de outra forma, não seja superior a 10% do valor do Contrato. Contrato. Isso é para nos fornecer segurança em relação ao risco que estamos incorrendo em seu Contrato antes de você fazer o pagamento total.
"Evento de Força Maior" significa um evento que está além do controle razoável de uma parte afetada, incluindo sem limitar qualquer Interrupção do Mercado, atos ou restrições de governo (s) ou autoridades públicas, guerra, revolução, greves ou outra ação industrial, fogo, inundação , desastre natural, explosão, ação terrorista, suspensão ou limitação de negociação por qualquer local de execução, ou qualquer quebra, falha, desempenho defeituoso ou mau funcionamento de qualquer liquidação de telecomunicações ou outros equipamentos ou sistemas.
'FCA' significa a Autoridade de Conduta Financeira.
"Ordem Limite" significa uma Ordem onde você nos pede para comprar ou vender moeda estrangeira quando a taxa de câmbio atingir um nível acordado.
"Perda" significa qualquer perda, imposto, custo, despesa (incluindo sem limite de despesas legais incorridas na recuperação de qualquer dinheiro devido a nós), danos ou responsabilidade que possamos incorrer em seu nome com um terceiro em conexão com uma Ordem ou Contrato ou de outra forma como resultado ou em conexão com seu padrão ou sua falha em cumprir os termos deste Contrato de Negociação (incluindo, sem limite, seu incumprimento de suas obrigações nos termos de um Contrato) ou qualquer outro contrato que possamos com você, desde que o mesmo não é o resultado direto de nossa inadimplência ou fraude intencional.
"Erro manifesto" significa uma menção manifesto ou óbvia por parte de nós, baseada em uma fonte de preço publicada sobre a qual confiamos em qualquer transação, tendo em conta as condições atuais do mercado no momento em que uma Ordem é colocada, conforme determinado por nós.
"Perturbação do mercado" significa qualquer circunstância em que acreditamos razoavelmente no mercado ou troca relevante relativo a um Contrato, o nosso contrato de correspondência com a nossa Contraparte ou qualquer produto relevante relacionado ao câmbio relevante é suspenso, fechado, materialmente prejudicado ou não pode ser invocado.
"Requisitos de lavagem de dinheiro", as leis e regulamentos do Reino Unido para a prevenção do branqueamento de capitais, o financiamento do terrorismo e a prestação de serviços financeiros e outros.
"Pedido" significa um local de encomenda através de um método eletrônico ou telefone, conforme aplicável.
'Libras esterlinas', 'GBP' significa a moeda legal do Reino Unido de tempos em tempos.
"Ordem de Stop Loss" significa uma Ordem onde você nos pede para comprar ou vender moeda estrangeira quando a taxa de câmbio cai para um nível acordado.
'Sistema' significa Currency UK FXnet e quaisquer módulos adicionais do sistema mestre Currency UK FXNet.
"Contrato de negociação" ou "Aplicação da facilidade de negociação" significa o presente contrato e o formulário de inscrição (cada um conforme alterado de tempos em tempos).
'Transação' e / ou 'Comércio' significa uma transação cambial ou uma transferência eletrônica de um tamanho especificado e para uma Data de Valor especificada.
"Data Valor" significa que a data em que um Contrato amadurece e a moeda estrangeira ou libras esterlinas que você compra está pronta para entrega.
'Website' significa currencyuk e / ou currencyuk. co. uk e / ou currencyukfxnet.
2. NOSSO SERVIÇO.
2.1 Você precisa enviar um formulário de inscrição devidamente preenchido e confirmar que você leu e entendeu este Contrato de negociação. Uma vez que possamos verificar a sua identidade e nos certificar de que você tem um objetivo comercial para exigir uma transação, nós o notificaremos se o aceitarmos (a nosso critério absoluto) como um cliente.
2.2 Compramos e vendemos moeda para fins comerciais. Isso significa que não iremos trocar com você, se você estiver buscando entrar em uma transação cambial como um investimento ou para lucrar com pura especulação sobre movimentos cambiais sem ter uma razão comercial genuína para entrar em uma transação cambial, como ( mas não limitado a) a compra de uma propriedade estrangeira ou a remessa de fundos enquanto trabalha no exterior.
2.3 Embora possamos fornecer informações sobre mercados de câmbio e assuntos relacionados, não fornecemos conselhos. Qualquer decisão que você tomar para entrar em uma transação é feita somente em seu julgamento. É sua responsabilidade procurar todos os conselhos necessários e familiarizar-se com os produtos ou serviços de câmbio que você está comprando e assumiremos que você o fez.
2.4 Exceto onde nós acordamos especificamente o contrário por escrito, nada neste Contrato de Negociação deve dar origem a qualquer relacionamento fiduciário, fiduciário, agência, joint venture ou parceria entre qualquer Currency UK Limited, por um lado, e você, por outro.
2.5 Podemos entrar em Transações com você por telefone, via canais eletrônicos ou ambos, conforme possamos concordar com você de tempos em tempos.
2.6 Todas as transações com as quais celebramos ou com você serão baseadas nos termos e condições contidos neste Contrato de Negociação e em outros acordos ou aditamentos relacionados que possamos celebrar com você ou alterar de tempos em tempos.
3. CONCORDANDO UMA TAXA E UM CONTRATO PARA UM COMÉRCIO DE INTERCÂMBIO ESTRANGEIRO.
3.1 Podemos aceitar e agir de acordo com as instruções que acreditamos razoavelmente de boa fé para ser de você ou de uma pessoa autorizada sem a necessidade de fazer qualquer outro inquérito, independentemente de essas instruções serem ou não de você.
3.2 Você pode nos telefonar durante o horário comercial para solicitar uma cotação para uma transação. Ao receber o seu pedido, podemos (a nosso critério absoluto) fornecer-lhe qualquer cotação de taxa de câmbio não vinculativa relevante e detalhes de taxas. Você ou uma Pessoa Autorizada podem então usar essas cotações para fazer um pedido conosco para a Transação (uma "Ordem por Telefone"). Podemos (a nosso critério absoluto) aceitar ou rejeitar o Pedido total ou parcial. Se aceitarmos sua Ordem, você não pode (sujeito à cláusula 5.3) cancelar, rescindê-la ou alterá-la sem nosso consentimento expresso por escrito e (sujeito a Manifesto de Erro e cláusula 5.3) será criado um contrato vinculativo entre nós e você para comprar ou vender o seu Pedido. moeda estrangeira relevante no valor relevante à taxa de câmbio cotada para a Data de Valor relevante e sujeita aos termos e condições legais deste Contrato de Negociação.
3.3 Nós, ao tomar uma determinação sobre se uma situação equivale a um erro manifesto, agir de forma justa para você, mas o fato de que você pode ter entrado, ou se absteve de participar, de um compromisso financeiro, contrato ou transação correspondente com base em Uma Ordem colocada conosco (ou que sofreu ou pode sofrer qualquer perda) não será levada em consideração por nós para determinar se houve um erro de Manifesto.
4. INFORMAÇÃO.
4.1 Exceto onde nós acordamos especificamente o contrário por escrito, qualquer informação, incluindo gráficos, gráficos ou notícias de mercado que lhe oferecemos, acredita-se, no melhor de nosso conhecimento e convicção, no momento em que é dado, para ser preciso e confiável . Nenhuma garantia (expressa ou implícita) é ou será feita em relação à precisão, integridade ou pontualidade de qualquer informação que disponibilizemos para você e não comprometemos a atualizar qualquer informação que lhe oferecemos. Não teremos qualquer responsabilidade por qualquer erro ou imprecisão nessas informações. As informações que fornecemos não constituem garantia ou garantia quanto ao resultado esperado de qualquer Contrato. As condições de mercado e os preços podem mudar entre nós fornecendo informações e o momento em que você decide entrar em qualquer Contrato.
4.2 Qualquer informação que lhe fornecemos é confidencial e unicamente para seu uso. A informação continua a ser propriedade da CUK Ltd e deve ser devolvida prontamente mediante solicitação. Pode não ser reproduzido ou redistribuído sem a nossa autorização explícita por escrito. As informações fornecidas por nós sob ou em conexão com este Acordo de Negociação não devem ser invocadas de forma alguma como base de qualquer decisão de investimento.
5. DINHEIRO CLIENTE E DEPÓSITOS PARA CONTRATOS.
5.1 Podemos, a nosso critério absoluto, exigir que você nos forneça um Depósito a qualquer momento, antes ou depois, concordamos em celebrar um Contrato. Onde a nosso critério razoável determinarmos que o nosso risco aumenta em relação a qualquer Contrato celebrado com você, podemos exigir que você nos forneça um Depósito ou aumente o tamanho do Depósito, conforme aplicável. Você concorda que, salvo onde determinamos a nosso critério absoluto de que cometemos um erro, você aceita nossa determinação de nosso risco.
5.2 Onde você nos solicita para "rolar", "Descartar" ou "Trocar" um Contrato (o que significa que você possui uma Data de Valor diferente da originalmente acordada), podemos, a nosso critério absoluto, concordar com tal pedido sujeito a condições como nós podemos, a nosso exclusivo critério, impor (incluindo, sem limite, você fornece um depósito ou um depósito aumentado).
5.3 Nós manteremos qualquer Depósito e qualquer outro dinheiro em conta para você em uma conta de cliente. Isso significa que você ainda é o beneficiário efetivo deste dinheiro até o momento em que incorrermos em Perdas em conexão com ou decorrentes de qualquer Contrato pendente. Então, nos tornaremos o beneficiário efetivo dessa proporção do dinheiro igual a nossas Perdas, sem aviso prévio ou exigir de você. Podemos também compensar qualquer depósito (s) ou outros valores que tenhamos em relação a qualquer (s) Contrato (s) celebrado (s) com você, contra quaisquer Perdas que incorrermos em conexão ou decorrentes de qualquer outro Contrato celebrado com você (incluindo, sem limite, os requisitos de depósito que temos). Não seremos obrigados a pagar juros sobre qualquer Depósito ou qualquer outro dinheiro de cliente que possamos para você.
6.1 Depois de ter recebido os fundos cancelados de você para a liquidação de um Contrato (incluindo qualquer saldo a pagar por um Contrato relativamente ao qual você pagou um Depósito), a moeda que você comprou será enviada por transferência eletrônica para o destino que você especificar . Será sua responsabilidade garantir que nos forneçam instruções de pagamento em tempo útil antes da data do valor. Faremos todos os esforços para afetar o seu pagamento no momento em que você especifica, mas não garantimos o momento de qualquer pagamento.
6.2 Você concorda em nos enviar o pagamento total em ou antes da data do valor. É sua responsabilidade fazer esse pagamento para nós e você deve garantir que você possa fazer o pagamento antes de entrar em um Contrato. Os tempos de corte variam dependendo da moeda comprada, portanto, você deve contatar-nos para informar sobre os horários de corte.
6.3 Com o seu pedido, forneceremos um documento confirmando os detalhes de qualquer pagamento eletrônico feito por nós de acordo com um Contrato por correio, e-mail ou fax.
6.4 Exceto onde nós acordamos especificamente o contrário por escrito, todos os valores que devemos a nós de acordo com esta cláusula, devem ser pagos em libras esterlinas, ou qualquer outra moeda especificada por nós, por transferência eletrônica, como BACS / FPS / CHAPS / SWIFT. Sob nenhuma circunstância, os pagamentos em dinheiro serão aceitos.
6.5 Você concorda em notificar-nos imediatamente (verbalmente ou por escrito) se tiver conhecimento de que um pagamento não autorizado ou incorreto foi feito por nós e, o mais tardar, no prazo de 13 meses após a data do pagamento.
6.6 O não cumprimento do prazo especificado na cláusula 6.5 significa que você considerará que renunciou a qualquer direito de fazer uma reclamação contra a Moeda no Reino Unido em relação a qualquer pagamento não autorizado ou incorreto.
6.7 Se você deseja cancelar uma instrução de pagamento, você deve nos notificar e devemos confirmar expressamente o seu aviso de cancelamento até o final do dia útil antes da data em que o pagamento devia ser feito - como previamente recomendado por você . Somente para os fins desta sub-cláusula, o "dia útil" deve ser concluído às 16h30 (hora do Reino Unido) e a referência a "feriados públicos em outras jurisdições relevantes", conforme previsto na definição na cláusula 1, não se aplica .
Você é responsável por todos os impostos (Reino Unido ou estrangeiro) que possam surgir como resultado ou em conexão com uma transação sob este Contrato de Negociação, seja em lei ou prática atual ou alterada. Não teremos responsabilidade por nenhuma das suas obrigações tributárias, nem por fornecer informações ou aconselhamento sobre tais passivos e não seremos responsáveis ​​por notificá-lo de uma alteração na legislação ou prática fiscal.
8. CUSTOS E DESPESAS.
8.1 Não cobramos nenhuma comissão. Podemos cobrar um mark-up ou mark-down (a diferença entre o preço que concordamos com a nossa Contraparte e o preço de execução da Transação citado para você).
8.2 Nós cobraremos por quaisquer taxas de transferência, impostos ou outros custos ou despesas de desembolso razoáveis ​​(incluindo, sem limitar, uma taxa de movimentação, se aceitarmos, a nosso critério, os pagamentos com cartão) que possamos incorrer em conexão com um Contrato ( 'Despesas'). Podemos deduzir nossas despesas de qualquer Depósito ou dinheiro que estamos transferindo ou segurando para você. Se você paga usando um cartão de pagamento, você pode incorrer em uma taxa do provedor do cartão.
8.3 Podemos compartilhar nossa receita com um terceiro e, quando apropriado, forneceremos detalhes relevantes de tais acordos ou mediante solicitação.
9. CONHECENDO-LHE.
9.1 Os Requisitos de Lavagem de Dinheiro exigem que implementemos determinados procedimentos de due diligence em relação à identidade de cada cliente, a natureza do negócio de cada cliente e outros detalhes relacionados às Transações (denominado "Conhecer seu Cliente" ("KYC") ou " Customer Due Diligence '). Você concorda em fornecer-nos todas as informações que precisamos como parte de nossos procedimentos KYC.
9.2 Quando fazemos negócios com você, confiamos nas seguintes declarações, declarações e garantias e consideraremos que você estará repetindo todas as vezes que você nos entregar uma Ordem ou celebrar um Contrato:
9.2.1 Você está agindo em sua própria conta, para fins comerciais.
9.2.2 A moeda ou libras esterlinas que você deseja vender é legal e benéficamente sua e não foi obtida por qualquer meio ilegal.
9.2.3 Todas as informações que você nos forneceu são precisas e não são enganosas e você não reteve nenhuma informação relevante de nós.
9.2.4 Nos forneceu os seus detalhes de contato atualizados e atualizados.
9.2.5 Você tem e manterá em vigor todos os consentimentos, autorizações e aprovações necessários para celebrar um Contrato.
9.2.6 A pessoa ou as pessoas que entraram em cada Transação em seu nome foram ou foram devidamente autorizadas a fazê-lo.
9.2.7 Ao nos entregar uma Ordem ou celebrar um Contrato, você não violará nenhuma lei ou regulamento em qualquer jurisdição relevante.
9.2.8 Você não confia em nenhuma comunicação (escrita ou verbal) da Moeda do Reino Unido como conselho de investimento ou como recomendação para celebrar um Contrato, entendendo-se que as informações e explicações relacionadas aos termos e condições de um Contrato não serão Considerou um conselho de investimento ou uma recomendação para celebrar um Contrato.
9.2.9 (i) Você não recebeu de nós nenhuma garantia ou garantia quanto aos resultados esperados do Contrato; (ii) você é capaz de avaliar e entender (em seu próprio nome ou através de um conselho profissional independente) e entender e aceitar os termos, condições e riscos de um Contrato; e (iii) não estamos agindo como um fiduciário ou um conselheiro para você em relação a um Contrato.
9.2.10 Você alcançou suas próprias conclusões sobre o Contrato e as conseqüências legais, regulamentares, fiscais, contábeis ou econômicas decorrentes do Contrato e concluiu que o Contrato é adequado à luz de seus próprios objetivos de investimento, capacidades financeiras e experiência.
9.2.11 Você revisou os termos e disposições específicas do Contrato em relação à prática vigente da indústria e concluiu que tais termos e disposições e os direitos, deveres e obrigações impostas a seguir são comercialmente razoáveis ​​como um assunto geral e especificamente à luz de prática da indústria.
10. GRAVANDO CONVERSAÇÕES TELEFÓNICAS.
Podemos gravar conversas telefônicas com ou sem uso de um tom de advertência e podemos usar essas gravações como evidência de contratos celebrados ou em relação a disputas, bem como para o nosso programa contínuo de controle de qualidade e treinamento. Também podemos manter um registro de todos os e-mails enviados por ou para nós. Todas essas gravações e registros serão mantidos a nosso critério absoluto e são nossa propriedade e podem ser usados ​​por nós em caso de disputa. Não garantimos que manteremos tais gravações ou registros ou poderemos disponibilizá-los.
11. CONTRATOS DE TERMINAÇÃO.
11.1 Podemos encerrar ou fechar qualquer Contrato se:
11.1.1 Você não nos fornece informações materiais quando necessário ou as informações que você fornece são em nossa determinação razoável materialmente incorreta ou enganosa;
11.1.2 Você não efetua o pagamento quando for devido;
11.1.3 Você não fornece um depósito suficiente quando for devido;
11.1.4 Você violou este Contrato de Negociação e, em caso de incumprimento, é, na nossa determinação absoluta, capaz de remediar que você não conseguiu remediar tal incumprimento dentro de um prazo razoável quando notificado;
11.1.5 Determinamos razoavelmente que você não poderá cumprir suas obrigações de acordo com qualquer Contrato;
11.1.6 Sobre a ocorrência de um Evento de Força Maior, para que possamos continuar qualquer Contrato nos expiaria um passivo contra o qual não estamos protegidos;
11.1.7 Suspeitamos de fraude; ou.
11.1.8 Nós somos obrigados a fazê-lo na instrução de qualquer agência de aplicação da lei ou reguladora ou outro órgão com a autoridade apropriada (nesse caso, podemos reter ou de outra forma lidar com o total ou algum do seu dinheiro, pois é necessário fazê-lo por tal agência ou corpo).
12. NOSSA RESPONSABILIDADE PARA VOCÊ.
12.1 Não seremos responsáveis ​​perante o ato ou omissão de terceiros, seja envolvido no processo de pagamento ou de outra forma, desde que, quando instruímos esse terceiro, usamos habilidades e cuidados razoáveis ​​ao selecionar esse terceiro.
12.2 Sem limitação da cláusula 14.2, seremos responsáveis ​​ou responsáveis ​​por sua perda direta razoavelmente previsível, que é definida como qualquer ou todo o seu dinheiro que concordamos em transferir em seu nome, que é perdido ou roubado como resultado direto da nossa negligência, erro ou omissão. Não seremos responsáveis ​​ou responsáveis ​​por qualquer outra responsabilidade direta, perdas, danos, custos ou despesas razoavelmente previsíveis que você possa incorrer.
12.3 Não seremos responsáveis ​​ou responsáveis ​​por você, ou qualquer pessoa que reivindique através de você em contrato, delito, negligência ou de outra forma por qualquer responsabilidade, perda, dano, custo ou despesa de qualquer natureza, incorridos ou sofridos por você ou qualquer pessoa que reivindique através de você, que é de natureza imprevisível, indireta ou consequente, nem por perda ou perda econômica de volume de negócios, lucros, negócios ou ágio, perda de comércio, perda de negociação ou perda de oportunidade, em cada caso, se esse dano foi previsto ou recomendado para nós como provável de ocorrer.
12.4 Não devemos ser responsáveis ​​ou responsabilizados por qualquer responsabilidade, perda, dano, custo ou despesa de qualquer natureza incorridos ou sofridos por você ou qualquer pessoa reclamando através de você como resultado de qualquer Evento de Força Maior.
12.5 Nada neste Contrato de Negociação exclui ou restringe nossa responsabilidade em relação a: fraude ou falta intencional; morte ou lesões pessoais causadas por nossa negligência; ou qualquer outra responsabilidade que não possa ser legalmente excluída.
13. TRANSFERÊNCIA DE RESPONSABILIDADE.
Podemos, a qualquer hora ou horário, sem aviso prévio, transferir qualquer responsabilidade que possamos para você contra qualquer responsabilidade (incluindo sem limite de Perda) você deve a qualquer outra entidade conhecida como vinculada financeiramente a você, se tal responsabilidade está presente ou futuro, liquidado ou não liquidado, sob este Contrato de Negociação ou não e independentemente da moeda ou sua denominação. Se as responsabilidades a serem transferidas forem expressas em moedas diferentes, podemos converter qualquer passivo a uma taxa de câmbio que determinemos ser razoável para fins de transferência de responsabilidade.
14. SUA RESPONSABILIDADE PARA NÓS.
14.1 Você será responsável por todas as Perdas (incluindo, sem limite, quaisquer Perdas resultantes do término de qualquer Contrato de acordo com a cláusula 12) que você nos reembolsará por nós.
14.2 No que diz respeito aos montantes devidos e a pagar a nós sob qualquer Contrato ou de outra forma sob este Contrato de Negociação, podemos cobrar juros de 5% ao ano acima da taxa básica, de tempos a tempos em vigor, do banco central do país em que moeda é devido o valor devido ou qualquer outra taxa legal ou judicial que possa ser aplicada a partir da data em que o pagamento é devido até a data em que o pagamento é efetuado. Os valores devidos ao abrigo desta cláusula podem, a nosso critério razoável, ser convertidos em libras esterlinas ou em qualquer outra moeda a uma taxa razoavelmente determinada por nós.
15. CONTAS CONJUNTAS.
Se você é um indivíduo e você se candidata em conjunto com uma ou mais pessoas para usar nossos serviços (uma "Conta Conjunta"), cada indivíduo nomeado no Formulário de Inscrição (cada um "Cliente de Conta Conjunta") é solidariamente responsável por nós no que diz respeito a todas ou quaisquer das suas obrigações ao abrigo deste Contrato de Negociação e poderíamos pedir a qualquer um de vocês que honrasse todas ou todas as obrigações (incluindo o reembolso de quaisquer Perdas, taxas ou juros a pagar) incorridos por todos ou por qualquer Joint Conta Cliente em conexão com este Contrato de Negociação. Podemos tomar medidas contra, ou liberar ou comprometer a responsabilidade de qualquer Cliente da Conta Conjunta, ou conceder tempo ou outra indulgência a tal Cliente da Conta Conjunta, sem afetar a responsabilidade de qualquer outro Cliente da Conta Conjunta. Cada cliente de conta comum tem autoridade para (sem limite) nos dar instruções de qualquer tipo incluindo (sem limite) para nos dar uma Ordem, solicitar a realização de pagamentos, celebrar um Contrato, receber quaisquer pagamentos de nós, dar ou receber avisos, receber declarações ou demandas de conta, assinar quaisquer documentos ou acordos e atuar por conta própria de qualquer maneira relacionada a este Contrato de Negociação. Quando este Contrato de Negociação se refere a uma Conta Conjunta, "você" significa todo e qualquer Cliente de Conta Conjunta.
16. NOSSO COMPROMISSO PARA PROTEGER SUAS INFORMAÇÕES PESSOAIS.
Observaremos os requisitos da Lei de Proteção de Dados de 1998 (conforme alterada e completada) no cumprimento de nossas obrigações ao abrigo deste Contrato de Negociação e cumpriremos qualquer pedido feito ou direção fornecida por você que seja diretamente decorrente dos requisitos dessa Lei. Usaremos apenas dados pessoais de seu pessoal para nos permitir prestar nossos serviços, avaliar nossos riscos ao fornecer esses serviços e nos permitir fazer cumprir os nossos direitos ao abrigo deste Acordo de Negociação, se necessário. Isso pode envolver a passagem desses dados pessoais para terceiros selecionados. Podemos realizar buscas através de uma agência de referência de identidade e outras fontes de informação e usar métodos de pontuação para verificar a identidade do seu pessoal. Um registro desse processo será mantido e pode ser usado para ajudar outras empresas a verificar a identidade do seu pessoal. As informações também podem ser transmitidas a organizações financeiras e outras para evitar fraudes. Se você foi encaminhado por terceiros, podemos fornecer-lhes informações relativas aos seus Contratos nos quais eles estão interessados ​​em virtude de nossos acordos com eles. Podemos de vez em quando - por telefone, e-mail ou outra comunicação eletrônica, fax ou postagem - fornecê-lo com informações relacionadas a outros serviços que podemos oferecer. Você concorda que podemos convocá-lo em uma hora razoável ou de outra forma comunicar com você sem um convite expresso.
17. GENERALIDADES.
17.1 Qualquer erro ou omissão tipográfico, clerical ou outro em qualquer documentação produzida por nós em ou em conexão com este Contrato de Negociação estará sujeito a correção, sem qualquer responsabilidade da nossa parte.
17.2 Uma pessoa que não é parte deste Acordo de Negociação não tem direitos nos termos da Lei de 1999 de Contratos (Direitos de Terceiros) para impor qualquer termo deste Contrato de Negociação, mas isso não afeta nenhum direito ou remédio de um terceiro que exista ou está disponível além dessa Lei.
17.3 Nós lhe forneceremos uma cópia do nosso Acordo de Negociação mediante solicitação. Podemos enviar isso para você por correio, e-mail, fax ou exibindo-o em nosso site.
17.4 Podemos alterar este Contrato de Negociação a qualquer momento, caso em que exibiremos as emendas em nosso Site juntamente com a data de entrada em vigor dessas emendas (a "Data de Entrada em Vigor"). As alterações serão aplicadas a todas as nossas negociações com você e com todos os Contratos celebrados por você após a Data Efetiva, exceto se as alterações serão aplicadas aos Contratos celebrados antes da Data Efetiva onde é exigido por lei ou quaisquer Requisitos relevantes de Lavagem de Dinheiro . Você deve consultar a versão atual deste Contrato de Negociação em nosso site antes de nos fornecer uma Ordem.
17.5 Se qualquer disposição (ou parte de qualquer provisão) deste Contrato de Negociação for considerada por qualquer tribunal ou outra autoridade da jurisdição competente como inválida, ilegal ou inexequível, essa provisão ou provisão parcial deve, na medida do necessário, ser considerada não faz parte deste Contrato de Negociação, e a validade e exequibilidade das outras disposições deste Contrato de Negociação não serão afetadas.
17.6 Nenhuma falha ou atraso por nós exercer qualquer direito ou remédio previsto no presente Acordo de Negociação ou por lei constituirá uma renúncia a esse ou qualquer outro direito ou remédio, nem impedirá ou restringirá o exercício adicional desse ou qualquer outro direito ou remédio. Nenhum exercício parcial ou parcial de tal direito ou remédio deve impedir ou restringir o exercício adicional desse ou qualquer outro direito ou remédio.
17.7 Se qualquer disposição deste Contrato de Negociação entrar em conflito com qualquer outra documentação ou informação que lhe fornecemos em conexão com qualquer Contrato em particular, este Contrato de Negociação terá prioridade, a menos que acordado especificamente por nós por escrito que essa outra documentação e informações devem ter prioridade, no todo ou em parte.
17.8 Este Contrato de Negociação constitui o acordo completo entre nós e você e substitui todos os acordos anteriores (escritos ou verbais) entre nós relacionados ao assunto. Você reconhece que, ao celebrar este Contrato de Negociação, você não confiou e não deve ter nenhum direito ou remédio em relação a qualquer declaração, representação, garantia ou garantia (seja escrito ou verbal e feito negligentemente ou inocentemente) além de como expressamente estabelecido neste Contrato de Negociação. Nada nesta cláusula deve limitar ou excluir qualquer responsabilidade por fraude.
17.9 Todos os direitos de propriedade intelectual nos sites e sistemas da Moeda do Reino Unido, qualquer material publicitário emitido por ou em representação da Moeda do Reino Unido, todas as informações, materiais, preços ou gráficos, métodos comerciais, bases de dados ou especificações de liquidação relevantes para este Contrato de Negociação ou de outra forma utilizados ou surgir em conexão com este Contrato de Negociação permanecerá propriedade da Moeda do Reino Unido e você não terá direitos para distribuir, republicar, copiar, reproduzir, vender, sub-licenciar ou, de outra forma, transferir ou divulgar qualquer um dos itens acima, salvo acordo em contrário por escrito.
17.10 Este Acordo de Negociação e todas as comunicações entre você e nós estarão em inglês.
17.11 Os serviços que forneceremos de acordo com este Contrato de Negociação não serão todos regulados pela FCA e, portanto, não serão da competência do Financial Ombudsman Service. No entanto, os serviços que oferecemos de acordo com qualquer adenda a este Contrato de Negociação podem ser regulados pela FCA, caso em que quaisquer direitos ou obrigações adicionais adicionais serão estabelecidos em tais adendas. Onde nós fornecemos qualquer remessa de dinheiro ou qualquer outro serviço de pagamento, você também pode ser elegível para se candidatar ao Serviço de Ouvidoria Financeira para lidar com quaisquer queixas que você possa ter. Informações sobre o Serviço de Ouvidoria Financeira, incluindo como fazer uma reivindicação, critérios de elegibilidade e os procedimentos envolvidos, estão disponíveis no Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR.
17.12 Este Contrato de Negociação e qualquer disputa ou reclamação decorrente ou em conexão com ele ou seu objeto ou formação (incluindo disputas ou reivindicações extracontratuais) serão regidos e interpretados de acordo com a lei inglesa. Ambas as partes concordam irrevogavelmente que os tribunais ingleses terão jurisdição exclusiva para resolver qualquer disputa ou reclamação decorrente ou em conexão com este Contrato de Negociação ou seu assunto ou formação (incluindo disputas ou reivindicações extracontratuais). Nada nesta cláusula impede qualquer das partes de emitir processos em qualquer outra jurisdição.
17.13 Não obstante a cláusula 17.12, podemos optar por emitir processos contra você em qualquer jurisdição na qual você é residente quando procura recuperar os montantes devidos por nós ao abrigo deste Acordo de Negociação.
18. MODIFICAÇÕES AO CONTRATO DE NEGOCIAÇÃO; Terminação.
18.1 Podemos alterar qualquer disposição do Contrato de Negociação.
18.2 We will notify you in writing at least 2 months before we make any change to the Trading Agreement. You will be deemed to have accepted any such change if you do not notify us to the contrary before the date on which any such change comes into effect. However, if you choose not to accept any such change, our notice of the change shall be deemed to be notice of termination of the Trading Agreement and our agreement pursuant to the Trading Agreement will terminate the day before any change comes into effect.
18.3 Our agreement under the Trading Agreement will continue until terminated in accordance with this clause.
18.4 You may terminate our agreement under the Trading Agreement at any time. We shall not charge you for the termination of our agreement under the Trading Agreement.
18.5 We may terminate our agreement under the Trading Agreement by giving you at least 2 months written notice. Such termination will not release you from any liability in respect of any sums owing to us or from any previous liability for any act performed by us in accordance with instructions received from you.
Nosso Processo.
See how Creative FX works for both Private Clients / Corporate Clients as well as Corporate Consultancies.
Creative FX works for both Private Clients / Corporate Clients as well as Corporate Consultancies.
Contate-Nos.
Contact Creative FX to discuss all your private and corporate FX requirements.
"Creative FX recently carried out an audit on our FX purchases and overseas payments over the last 12 months and we were extremely surprised by the rates our bank had been charging which we had assumed were competitive! Creative FX have set us up with a new supplier and our savings are substantial." Thomas Griffin, MD.

Examples of Agreements.
RoboForex Ltd.
Trade CFDs sobre Bitcoin e Ethereum!
para pagar por "sinais MQL5" assinaturas de serviço.
Obter privilégios excepcionais, juntando-se ao nosso programa VIP.
5 minutos, mesmo que você não tenha habilidades de programação.
Acesso de 100 USD ao mercado de ações real.
Troque e receba descontos mensais na sua conta!
Receba lucros adicionais para o volume de negócios que você faz.
RoboForex Ltd é um corretor internacional, um membro do grupo RoboForex, regulado pelo IFSC, licença nº IFSC / 60/271 / TS / 17.
Nós não fornecemos serviços financeiros aos residentes da UE, Canadá, EUA e Japão.
Patrocinador oficial da equipe "Starikovich-Heskes" no Dakar 2017.
Correntes experientes com mais de 60 mil quilômetros fora da estrada na Europa, África e Austrália ao seu dispor.
Patrocinador oficial do lutador muay tailandês Andrei Kulebin.
Um grande campeão do mundo de boxe tailandês, um treinador experiente e um Honrado Master of Sports.
Todos os direitos reservados.
Precisa de ajuda? Faça sua pergunta e receba uma resposta agora mesmo!

Forex trading agreement

This Trading Agreement (hereafter the “Agreement”) applies to the business relationship between FXCL Markets Ltd. (hereafter the “Company”) and the Client, unless special stipulations or agreements were made.
Any reference to a Client in this Agreement shall include individuals, corporate bodies, unincorporated associations, and partnerships. This Agreement is made by FXCL Markets Ltd., a stock corporation organized under the laws of Vanuatu, with the registered office at Law Partners House, Kumul Lini Highway, Port Vila, Vanuatu, and the Client.
In consideration of the Company agreeing to open and maintain one or more Client’s accounts (hereafter the “Account”) and the Company agreeing to provide services to the Client with respect to OTC products transactions, which may be purchased or sold by or through the Company for the Client’s Account(s), the Client agrees to the following:
1. Client’s Account.
1.1. The Company reserves the right, at its sole discretion and without obligation, to demand from the Client additional funds as margin, buffer or the like. The Company reserves the right, at its sole discretion and without obligation, to reduce or cancel any margin facility made available to the Client or to refuse the increase of any margin facility. The Client acknowledges that he cannot hold the Company responsible or liable for any resulting losses or damages, if the Company refrains from demanding additional margin funds or if the Company reduces or cancels any margin facility or refuses the increase thereof.
1.2. The Client accepts to maintain the margins in his Account as requested by the Company.
1.3. The Client shall make the deposit of additional funds as margin within reasonable time upon the Company' request. The additional funds shall reach the Account within 1 (one) day upon the Company' request, subject to unusual circumstances or subject to a shorter notice time given by and at the sole and absolute discretion of the Company. Margin deposits shall be made by wire transfer of disposable funds, unless the Company expressively agreed to another method.
1.4. The Company reserves the right, at its sole discretion, without obligation, and without prior notice, on a permanent or temporary basis, to close and/or delete any account transaction, order, binary option, or position. Such actions may be caused by, but not limited to the following reasons:
1.5. The Client acknowledges and accepts that, in the event that the margin or premium requested by the Company is not properly maintained within the time frame given by the Company, the Company may, at its sole discretion:
1.6. Any objections to a Margin Call (but not to a Stop Out order, which is undisputed) shall be made in writing and submitted to the Company immediately upon receipt of said Margin Call and must reach the Company not later than 12 (twelve) hours from the time and date on which the Client received the notice of the Margin Call.
1.7. In the absence of timely objection or dispute, the margin is considered as acknowledged and approved by the Client.
1.8. The Client agrees to maintain no more than one active, verified Trader's Cabinet at a time as the basic representation of all his transactions with the Company. If the Client chooses to open several Trader's Cabinets, verification for additional Trader’s Cabinets can be refused and all already verified Trader's Cabinets, except one, will be a subject of an additional verification.
1.9. In the event of any dispute arising regarding the customer Account(s) and/or any open or closed positions or binary options within the Client’s Account, the Company reserves the right to internally investigate and audit the Account(s) including all open and closed transactions and binary options. Simultaneously, the Account(s) funds shall be frozen and no transactions will be allowed until the dispute is completely resolved.
1.10. The Company grants no guarantees to the Client Account and/or investment and/or funds.
1.11. The Company reserves the right to close any positions, binary options, or Accounts, at any time, without a prior notice.
1.12. The Company remains the right to limit the accounts number of one type a client can open.
2. Foreign Currency Transactions.
2.1. The Client authorizes the Company to open one or more Accounts in his/her name at FXCL Markets Ltd. for Client’s transactions in over-the-counter contract for difference (“OTC FOREX/METALS/BINARY OPTION”) products.
2.2. By placing an order, the Client authorizes the Company to carry out OTC FOREX/METALS/BINARY OPTION trades in its own name, but for the account of and at the risk of the Client and in accordance with his instructions, with banks, trustworthy institutions or other trustworthy participants that the Company deems appropriate, unless otherwise instructed by the Client in writing.
2.3. The Client acknowledges that all decisions with respect to a transaction are independently made by the Client without taking any advice from the Company. The Company is not acting as an advisor or serving as a fiduciary to the Client and cannot be held responsible for any of the Client’s transactions.
2.4. If the fixed rate option is available in Client's country, Client is able to select one when registering a new account in his Cabinet. By selecting the fixed rate option for his account, Client acknowledges that the conversion is conducted at the unitary fixed exchange rate set by FXCL Markets Ltd. In case Client selects a fixed rate option for his account, the currency will be converted automatically.
3. Risk Acceptance.
3.1. The Client acknowledges, accepts and understands that OTC FOREX/METALS/BINARY OPTION transactions are highly speculative, as explained in the Company Risk Disclosure Statement. The Client acknowledges, accepts and understands that OTC FOREX/METALS/BINARY OPTION transactions may pose significant risks, including but not limited to legal and financial risks to the extent of causing unlimited losses, without any guarantee of retaining the capital invested or generating any profits.
3.2. The Company Risk Disclosure Statement is an integral document, which explains in detail the risks involved in OTC FOREX/METALS/BINARY OPTION transactions.
3.3. The high leverage and low margin associated with OTC FOREX/METALS/BINARY OPTION may result in significant losses due to the price changes in OTC FOREX/METALS/BINARY OPTION. A relatively small market movement may have an above average impact on the funds that the Client has deposited or will have to deposit; this may work against as well as for the Client. The Client may sustain a total loss of initial margin funds and any additional funds deposited with the Company to maintain his positions.
3.4. If the market moves against the Client’s position or if the margin levels are increased, the Client may be called upon to pay substantial additional funds at short notice to maintain his position. If the Client fails to comply with a request for additional funds in due time, his account may be liquidated at a loss and the Client will be liable for any resulting deficit.
3.5. When trading OTC FOREX/METALS/BINARY OPTION with the Company, FXCL Markets Ltd. acts as a dealer, trader etc. in a private contract with the Client. The Company may, in turn, enter into “back-to-back” transactions with other dealers, traders, etc. including its affiliates. Prices quoted to the Client by the Company include a price margin. The Company does not execute OTC FOREX/METALS/BINARY OPTION transactions on an exchange and transactions are not cleared by a central clearing organization. Therefore, any transaction with the Company will be solely a private obligation of the Company and not an obligation of a clearinghouse.
3.6. The Company reserves the right, without obligation, and with good reason to terminate or close out any transaction prior to its expiration date at any time. At its discretion, the Company is free to quote a price for an early close of a transaction upon the Client’s request.
3.7. The Client acknowledges, accepts and understands the risks and is willing and able, financially and otherwise, to assume the risks of foreign exchange and binary option trading and that the loss of his entire Account balance will not change his lifestyle. The Client recognizes that guarantees of profit or freedom from loss are impossible of performance in OTC FOREX/METALS/BINARY OPTION trading. The Client acknowledges that he has received no such guarantees from the Company or from any of its representatives or any introducing agent or other entity with whom the Client is conducting his Company Account and has not entered into this Agreement in consideration of or in reliance upon any such guarantees or similar representations.
4. Client’s Responsibility for His Trading Decisions.
4.1. The Company acts solely in the capacity of an arm’s length contractual counterparty to the Client with respect to OTC FOREX/METALS/BINARY OPTION transactions. The Company does not offer or assume the function of the Client’s financial adviser or fiduciary. The Company’s transaction proposals, suggested hedging strategies or other written materials or oral communications are not to be understood as investment recommendations or advice or as expressing the Company’s view, as to whether a particular transaction is suitable for the Client or meets his financial objectives. The Company accepts no responsibility arising out of any trading decisions.
4.2. In addition, any market or quote that the Company makes for the Client may be based solely on markets or quotes that are made or quoted to the Company by the counterparties with which it cooperates. Such quotes or markets may not represent the best quotes or markets available to the Client or the Company from other sources, and the Company undertakes no obligation to obtain competitive quotes or markets from other counterparties.
4.3. The Company and its affiliates may from time to time have substantial positions in, and may make a market in or otherwise buy or sell instruments similar or economically related to OTC FOREX/METALS/BINARY OPTION transactions entered into with the Client. The Company and its affiliates may also carry out proprietary trading activities, including hedging transactions related to the initiation or termination of a foreign currency or binary option transaction with the Client, that may adversely affect the market price or other factors underlying the foreign currency or binary option transaction entered into with the Client and consequently, the value of such transaction.
4.4. The Company, its personnel and affiliates, and various other parties may execute orders at the same or better prices ahead of the Client’s order.
5. Off-Exchange Transaction and Limited Liquidity.
5.1. The Company does not occur on a regulated exchange and it may be difficult or impossible to liquidate an existing position or open binary option, to assess the value, to determine a fair price or to assess the exposure to risk. As a result, transactions involve additional risks. Off-exchange transactions may be less regulated or subject to a separate regulatory regime.
5.2. Before undertaking OTC transactions, the Client should familiarize himself with applicable rules and attendant risks.
6. Electronic Trading and Communication.
6.1. OTC FOREX/METALS/BINARY OPTION trading is generally completed through the Company’s Internet trading platform. Trading on an electronic trading system differs from trading in the open outcry market. If the Client undertakes transactions on the electronic trading system, he will be exposed to risks associated with the system including the failure of hardware and/or software.
6.2. The Company is not liable for any losses, damages, or expenses, caused by the Client using a platform version, different from the version, available on the Company website.
6.3. The Company’s automated order entry system provides immediate transmission of Client's irrevocable instruction, once the Client enters the notional amount and clicks “Buy/Sell” or confirms the binary option order. There is no “second look” at transmission, and market orders cannot be cancelled. As a result of any system failure, the Client’s order may be either not executed according to the Client’s instructions or not executed at all.
6.4. The FXCL Markets Ltd. Automated System serves to place orders for transactions in OTC FOREX/METALS/BINARY OPTION and to access other account services and products provided by the Company. The Client acknowledges and understands that the use of Automated Systems entails risks, including, but not limited to, interruption of service, system or communications failure, delays in service, and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense or liability to the Client. The Company makes no representation or warranty of any kind, express or implied, with respect to the selection, design, functionality, operation, title or non - infringement of any automated system, and makes no express or implied warranty of merchantability or fitness for a particular purpose, title and/or non - infringement, and specifically disclaims any implied warranty with respect thereto. Without limiting the foregoing, the Company expressly disclaims any representation that any automated system will operate uninterrupted or be error-free.
6.5. The Company has no responsibility to inform the Client of any decision to use, not use or cease using any Automated System, the characteristics, functions, design or purpose of any Automated System, or any specific risks inherent in any Automated System.
6.6. Unless expressly provided otherwise herein, the Client places his instructions electronically or in writing by using proper identification.
6.7. The Company may regard as proper identification the correct password on the Company trading platform for electronic, Client’s signature for written, and the phone PIN-code for oral instructions. The Company is not required to make a more extensive examination of the identification offered by the Client.
6.8. Where the Client communicates with the Company via email or places orders electronically, he acknowledges, accepts and understands that the transmission of data via the Internet, which is an unencrypted and unprotected open network, is accessible by the public, bears various risks including but not limited to the risk of unauthorized access to data or Accounts by third parties, or risk of time delays in transmission, delivery or execution of the Client’s orders due to malfunctions of communications facilities or systems or other causes beyond the Company's reasonable control.
6.9. All risks involved in electronic communication and/or trade will be born solely by the Client. The Company assumes no responsibility or liability for losses or damages of any kind resulting from or in connection with the transmission of data via the Internet.
6.10. The Company is not responsible or liable for not noticing falsifications or lack of legitimating.
7. Commissions, Fees, and Other Charges.
7.1. The Client shall be obliged to pay to the Company the fees, commissions, and charges, set by the Company.
7.2. Before trading, the Client will obtain a clear explanation of all commissions, fees and other charges for which the Client will be liable. These charges reduce the Client’s net profit (if any) and/or increase the Client’s loss.
7.3. The Company services are remunerated according to its tariff, published from time to time on the website. The Company reserves the right to amend this tariff at any time without prior notice.
7.4. The Client shall pay commissions, fees and other charges arising from transactions with or through the Company, including but without limitation to brokerage fees mark-ups and markdowns, statement charges, idle Account charges, order cancellation charges, Account transfer charges, adjustment charges or other charges, and bank fees.
7.5. The Client agrees to pay a transfer fee to the Company in the event the Client instructs the Company to transfer open positions or binary options, money and/or property of the Client’s Account to another institution.
7.6. The Client accepts that any amounts overdue shall bear a default interest at a rate equal to fifteen (15) percentage points per annum which will be debited to the Account.
7.7. The Client’s Accounts will be subject to a $25 monthly inactivity fee if no trading activity has occurred for a period of 60 days or more. Trading activity is defined as the opening and/or closing of a position or maintaining an open position during that period.
7.8. The Company reserves the right at its sole discretion, without obligation, and without prior notice, on a permanent or temporary basis, to decline swap-free service to the Client. In case of such cancellation, the Client will be charged swap rates presented on the Company’s website.
7.9. In the event of withdrawal, the Company reserves the right to charge reverse compensation fee which equals to the deposit cover fee (provided to all accounts). This fee may be deducted from any available funds in one or few Client's accounts if the total trading volume during the last 30 days doesn't exceed five (5) standard non-hedging, qualified lots.
7.10. FXCL Markets provides payment fee coverage as a promotional campaign carried out of company's own accord. Amounts of fee coverage for payment systems and additional conditions are set by FXCL Markets and can be modified or canceled at any time. The limits for fee coverage are $500 for deposits and $100 for withdrawals per trader per month.
7.11. The Company has all rights to amend, change, delete, add, and modify spreads, fees, daily commissions, Swap rates, leverage, margin requirements, liquidation level (Stop Out level) for any offers/ accounts/ positions/orders, at any time.
8. Access and Security.
8.1. The Automated Systems may be used to transmit, receive and confirm execution of orders, subject to prevailing market conditions and applicable rules and regulations.
8.2. The Company consents to grant to the Client the access and the use of the Automated Systems, provided that the Client adopts the required procedures to prevent unauthorized access to and use of the Automated Systems.
8.3. The Client accepts full responsibility for all trades executed through the Automated System, including the risk of financial liability for trades executed by unauthorized third parties.
8.4. The Client is responsible for monitoring of his Account(s). The Client shall immediately notify the Company in writing if he becomes aware of any of the following;
9. Communication.
9.1. The Client understands and agrees that the Company may record all Internet conversations (email, chat), telephone or Skype conversations, and meetings between the Client and the Company’s employees. The Client agrees that the Company may provide these recordings as evidence in any dispute between the Company and the Client to third parties, including, but not limited to, court of law and/or any governing authority, to whom the Company at its sole discretion sees it to be necessary to disclose.
9.2. The Client acknowledges that the Company may not record any conversations due to technical reasons. The Company reserves the right at its sole discretion destroy the records in accordance with the Company’s normal practice and the Client understands that he should not rely on the availability of such records.
9.3. Any communications from the Company shall be deemed to be validly delivered to the Client, if sent to the latest address indicated to the Company for this purpose by the Client, whether by postal service, email, system mailbox or other systems of transmission or means of transportation.
9.4. The Company accepts no responsibility for the delivery failure resulting from its mailing to the Client’s latest mailing or email address.
9.5. Any changes in the Company Trading Agreement, Trading Terms, Privacy Policy and/or other policies are deemed delivered and notified to the Client by being published on the Company website.
9.6. Any risks or damage resulting from the use of any systems of transmission or means of transportation, particular by reason of loss, delay, misunderstanding, mistakes, distortions or duplications, shall be borne by the Client.
9.7. The Client acknowledges and consents to receive monthly account statements, trade confirmations, and statements of close out of open positions required in electronic form through the Internet. The Company does not charge for this service, unless prior written notice is given to the Client.
9.8. The Client reserves the right to revoke this consent at any time.
9.9. Any notices required to be given by the Client in writing shall be sent to the Company by mail or email to the addresses indicated on the Company website.
10. Approval of the Company Notices and Statements.
10.1. Any objection to an order confirmation report or statement of account must be made immediately upon receipt and, in addition, confirmed in writing by email or mail, reaching the Company not later than two (2) days from the date on which the order confirmation or Account statement has been delivered to the Client.
10.2. Written objections shall be addressed to the most recent address indicated on the Company website, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested.
10.3. The Client shall notify immediately if he does not receive the regular communications from the Company, such as order confirmations or Account statement or other communications or mail from the Company, which the Client would have had to expect within the usual time period, the latest within ten (10) days after the date, that such communication or statement should have been received.
10.4. In the absence of timely objection or dispute, the order confirmation, Account statement and content of any notice and communication will be considered as acknowledged and approved by the Client.
11. Security in Favor of FXCL Markets Ltd.
11.1. The Company shall have the Client’s lien and the right to set-off against all assets, held for whatever purpose by the Company for the Client’s Account. Such lien and right to set-off shall secure all claims by the Company, of whatever nature, irrespective of their due date and of the currency in which they are labeled. The Company is authorized to realize the pledged assets at private sale, without restriction and without being bound to observe the legal formalities required by the Vanuatu federal law on the recovery of debts and on bankruptcy if, in the opinion of the Company, the sale is necessary to cover claims, secured by the pledge whether or not such claims are due and payable.
12. Privacy Policy.
12.1. The Client understands that by registering in the Company the Client automatically agrees with the terms of the Company’s Privacy Policy.
12.2. The Client authorizes the Company to gather information about the Client, including but not limited to transactions with the Company and affiliated members of the the Company data, provided in the Agreement, Account balances, payment history, and Account activity or other information regarding credibility of the Client.
12.3. The Company maintains appropriate security safeguards and procedures regarding the Client’s information, such as passwords and access codes, to prevent unauthorized access to the Client’s information, special training of employees to protect Client’s information, review of compliance with the Company privacy policy.
12.4. The Client acknowledges that the Company may, in accordance with the anti-money laundering regulation, share the information concerning certain business relationships within the Company, if it is essential to prevent and detect money laundering on a Group level.
12.5. The Client accepts that the Client’s information will be disclosed to such third parties, including but not limited to financial institutions or financial service providers, and to the extent necessary, in order to execute Client’s orders. The Client acknowledges that it might be required by law to disclose to receiving financial institutions the Account holder’s name, the Account number, and the Account holder’s address. The Company is authorized to disclose information as may be required by law, rule or regulatory authority, without prior notice to the Client.
13. Warranties of the Client.
13.1. The Client warrants and represents that the information contained in this Agreement, the Account Application, and any other documents furnished to the Company in connection with the Client’s Account is complete, true and correct.
13.3. The Client hereby warrants that regardless of any subsequent determination to the contrary, he is suitable to trade OTC FOREX/METALS/BINARY OPTION.
13.4. Further, the Client represents and warrants that he is not an employee or associated person of a member firm of any exchange or of a member firm of the Federal Reserve, NFA, or NASD, or any employee or agent of any member of any bank, trust, or insurance company not disclosed to FXCL Markets Ltd. In the event that the Client becomes an employee or agent of any of the foregoing, the Client will promptly notify the Company, in writing, of such employment.
14. Governing Law and Jurisdiction.
14.1. This Agreement shall be governed by and construed in accordance with the laws of Vanuatu with exclusion of Vanuatu international private law and any international treaties.
14.2. Should any clause in this Agreement be or become illegal, invalid or unenforceable in any manner whatsoever, this shall not affect the remaining provisions of this Agreement.
14.3. Any litigation or administrative proceeding arising directly or indirectly hereunder must be heard by the courts in Vanuatu . The Company shall have the right, at its discretion to enforce its claims at the place of the Client’s legal residence or in any other Vanuatu or foreign court or claims office having jurisdiction.
15. Assignment.
15.1. The Company is entitled to assign this Agreement including all authorizations, to its successors and assigns, whether by merger, consolidation or otherwise.
16. Termination.
16.1. The Client or the Company may terminate the Agreement with immediate effect by giving notice to the other party at any time.
16.2. Termination shall not affect any accrued rights or obligations. Upon termination, the Company shall undertake to complete all open contracts in accordance with this Agreement, terms and conditions, and trading policies. Upon termination, the Company is entitled to deduct all amounts owed by the Client before transferring the remaining balance to the Client.
17. Inactive Account.
17.1. Client acknowledges that if he does not place a trade during a three (3) month period, and if during such period no OTC FOREX/METALS/BINARY OPTION positions are held on Client’s Account, the Account will be automatically removed from the Company system to the archive.
17.2. The Client will thereafter be required to re-establish an Account prior to placing any further trades, and the Company may require additional documentation from the Client to reactivate such Account.
18. Liquidation of Accounts and Payment of Deficit Balance.
18.1. The Company reserves the right to terminate the relationship with the Client at any time and, in particular, the Company may, at its discretion, cancel trading orders, close open positions and demand settlement of any open Account balance at a date, specified by the Company.
18.2. To liquidate the Client’s long or short positions, the Company may, at its sole discretion, offset or initiate new long or short positions in order to establish a spread, strangle or straddle to improve protection or avoid reduction of existing positions on the Client’s Account. The Company may bid and become a purchaser at any such sale.
18.3. Upon any sale of the Client’s positions, the Company shall collect the proceeds for the Client’s Account. The proceeds from any such sale or action shall be applied firstly to the payment of all legal and other costs and expenses incurred in connection with the sale or action, and secondly to the payment of the Client’s liabilities with the Company. The remaining balance shall be paid out to the Client.
18.4. According to the account type, when the margin level specification is reached the Company will liquidate (close) all open position(s) including hedged positions.
18.5. At zero equity, the Company will liquidate (close) all open position(s) including hedged positions.
18.6. Pending orders at liquidation level may not be deleted if there are sufficient margins on Account to activate these orders.
18.7. Pending orders at liquidation level will be canceled if there are no adequate margins on Account to activate the orders.
18.8. The Company reserves the right to execute without prior notification a funds transferring between two Client's accounts including accounts from another Trader's Cabinet detected to belong to the same Client in order to pay off the negative balance.
18.9. Accounts may be liquidated according to the provisions within this Agreement.
19. Trading Facilities.
19.1. Trading accounts are basic and not equipped with the following facilities by default; these facilities are available upon request:
19.2. The above facilities should be requested directly from the Company Support Department by email and subject to the management approval.
20. Trading Rules.
20.1. Any trading instruction sent by the Client via the Company trading platform is considered as irrevocable request, and will be regarded as an order upon electronic confirmation by the dealing desk.
20.2. All trading transactions are performed online through Company's trading platforms.
20.3. By-phone trading is an emergency option only.
20.4. Any system failure at the Company may result into not executing the order according to the Client’s instructions or not executing the order at all.
20.5. If the Client performs any form of abusive trading, including, but not limited to strategies aimed at exploiting errors in prices, non-qualified trades (unless otherwise is specified in Trading Terms), Grid/Martingale strategies, or other strategies and/or Expert Advisors, prohibited by the Company Trading Terms, the Company is entitled to take one or more of the following countermeasures:
21. Pending Orders.
21.1. All pending orders are guaranteed according to the fair market rate.
21.2. All pending orders must be placed according to the product specifications stated on the Company website.
21.3. Once pending orders are in process, the Company’s system will reject any cancellation or modification attempted during that time.
22. Non-Qualified Trades.
22.1. Within the Company’s meaning, non-qualified are the trades based on the following principles:
22.2. Non-qualified trades are allowed under one or all of the following conditions:
23. Order Execution.
23.1. All orders are guaranteed according to the fair market rate.
23.2. When the Client clicks for a trade, he makes a request according to the market price. If the requested price is a traded market price, the trading system will confirm it. Otherwise, if the price changes, the system will send an automated re-quote with the fair market rate. The Client will then have the choice to confirm or reject it.
23.3. The Company reserves the right to cancel and delete any transaction/pending order/binary option executed on an invalid price (directly executed or re-quoted) without prior notice.
23.4. Market spread may be offered on all or selected products for the duration of news releases and throughout hectic markets.
23.5. The Company may in its sole and absolute discretion, at any time, without a prior notice change its commissions, fees, spreads, margin requirements, payouts, and leverages, or close any account.
23.6. As the Company sees fit, and in order to settle the cumulative foreign currencies positions or binary options, a settlement will apply to all accounts periodically. A previous notice in this regard will be sent through the trading system mailbox. Accordingly, any foreign currency position or binary option held at the end of a specific business day will be closed and re-opened the next business day. No charges will apply for the settlement.
23.7. The Client shall understand and accept that all orders are executed automatically or by dealer in the order queue.
23.8. The Client’s order is placed in the queue in the situations including, but not limited to, the following:
23.9. The Company shall use the following rules while executing the orders:
24. Mistakes in the Execution of Orders and Quoting Errors.
24.1. If the Client suffers any loss through the non-application or incorrect application of an order or transfer, the Company will not be liable.
24.2. In case of a quoting error, whether written or oral, the Company accepts no liability and reserves the right to make the necessary corrections or adjustments based on the fair market value determined by the Company, in its sole discretion, of the relevant product at the time such error occurred.
25. Reporting Trading Errors.
25.1. When the Client reports a trading error, he must send an email to the Company Support Department immediately.
25.2. The Company will need the following information to be able to assist Client in this regard:
25.3. Any trading error on behalf of the Client must be reported within 24 hours.
25.4. Any trading error coming from the Company will be amended.
26. Access to Trading Platforms and Automated Systems.
26.1. The Company maintains a trading platform, an Automated System, and service bureaus. The Automated System serves execution of the Client’s instructions and Account administration, including but not limited to automated order entry, order routing and/or execution systems, record keeping, reporting and Account reconciliation systems, risk management.
26.2. In order to access the Company trading platform and Automated System, the Client receives a password.
26.3. The Client acknowledges, represents and warrants that he will guard the password and accept full responsibility for the use of the password as well as any transactions occurring in an account that was opened, held or accessed by use of the password.
26.4. The Client must not divulge Client’s password to anyone else, nor may use anyone else’s password. The Client agrees that the Company will treat any person accessing Client`s Account/Trader’s Cabinet using the Client’s password as the Client himself.
27. Client’s Obligations.
27.1. The Client assumes the obligation to inform the Company in writing of all relevant changes with respect to the Account, including but not limited to changes of his contact data, or identity of the beneficial owner.
27.2. Upon the Company’s request, the Client shall disclose the economic background of the business or other relevant information.
28. Disputable Situations.
28.1. The Client shall immediately inform the Company about any disputable situation during two (2) business days upon its occur.
28.2. All objections shall be sent to the Company via email stated on the Company’s website. Any further correspondence regarding this complaint shall be carried via email.
28.3. If the Client fails to inform the Company about a disputable situation during two (2) business days, the situation is considered acknowledged and accepted by the Client.
28.4. Both, the Company and the Client, may become the initiator of complaint.
28.5. In order to be considered, the Client’s complaint shall include the following information:
28.6. The Company reserves the right to refuse to consider the Client’s objections under the reasons, including, but not limited to, the following:
28.7. In case of any dispute the Company shall consider the Server Log-File as the main information source. The Client shall understand and accept that the data from the Company Server Log-File has the priority over the Client’s Log-File and any other arguments, as the Server Log-File is the only source, recording every stage of order execution process.
28.8. The Company shall not consider any Client’s arguments, which are not recorded in the Server Log-File.
28.9. The Company reserves the right to resolve the disputable situations using the following ways:
28.10. The Company reserves the right to resolve any disputable situation at its sole discretion, using one of the ways, mentioned above.
28.11. In case any disputable situation was not specified in this Agreement, the Company reserves the right to resolve the situation at its sole discretion, according to common market practice.
28.12. In case of interruption of the quotation flow due to a hardware and/or software failure, the Company shall resolve all disputes using live Server quotations and the execution rules, described in the p. 23.9 of this Agreement.
28.13. The Company shall not compensate the Client’s damage in the situations including, but not limited to, the following:
28.14. Most disputable situation shall be considered during five (5) business days. The Company resolves the right to extend these terms for any particular situation, at its sole discretion.
28.15. The Company shall resolve the disputable situation according to p. 9. and 11 of this Agreement during one (1) business day after the decision on the situation was made.
28.16. The Client understands and accepts that the Company reserves the right to refuse any complaints from the Client regarding his/her inability to manage and/or close the disputable position/order.
28.17. The Client understands and accepts that the Company may not notify the Client that the disputable position/order was restored. The Client shall be liable for any loss and/or damage, caused by restoring of such position/order.
29. Accounts Managed by Third Party Advisors and Introduced Accounts.
29.1. The Client shall disclose to the Company the identity of any person, such as Trading Agent, Money/Fund Manager (hereafter “Trading Agent”) or Introducing Broker, authorized to give OTC FOREX/METALS/BINARY OPTION trade related instructions to the Company on behalf of the Client and to access the Client’s Account and perform trading on the Client’s behalf, as well as disclose the terms of the relationship between the Client and such person, by signing FXCL Markets Ltd. Limited Power of Attorney (LPOA) form.
29.2. The Client may revoke the authorization of the Trading Agent in writing by registered mail with return receipt at any time. The Company accepts no liability for any loss or damage, direct or indirect, resulting from the Client's failure to duly notify the Company of such revocation.
29.3. Any risks, losses or damages resulting from the representation of the Client by the Introducing Broker/Trading Agent shall be borne solely by the Client, including but not limited to the Client’s choice of Trading Agent or any transactions of the Trading Agent. The Client acknowledges and understands that the Company does not recommend, warrant or represent any Trading Agent. The Company will hold the Client liable for any damage, loss, costs or expenses (including attorney fees) caused by the Client’s representative and/or Introduction Broker, arising to the Company, its members, affiliates, employees, agents, successors and assigns.
29.4. The Client accepts that if he is introduced to the Company by an Introducing Broker or Trading Agent, any relevant information of the Client to execute transactions will be disclosed to the respective broker by the Company.
30. Clients Referred by the Introducing Brokers.
30.1. The Client acknowledges and accepts that in case the Client is referred to the Company by an Introducing Broker (hereafter “IB”), the Company shall not be liable for any agreement made between the Client and this IB.
30.2. The Client understands that by registering under an IB the Client automatically agrees with the terms of IB Agreement.
30.3. The Client understands and accepts that he can be referred by one Introducing Broker. All Client's trading accounts should be referred to same IB.
30.4. The Client acknowledges that any IB acts as an independent intermediary for the Client and is not authorized to make any representations on behalf of the Company.
31. Deposits in Foreign Banks.
31.1. The Company is entitled to hold the Client’s funds in regulated offshore accounts denominated in a foreign currency with depositories located both inside and outside of Vanuatu if:
32. Price Information and Quotations.
32.1. The Company provides price quotations to the Client through the Company Internet platform upon Client’s request to buy or sell OTC FOREX/METALS/BINARY OPTION. Each price quotation is used for a specific transaction with a specified value date and a specified product involved.
32.2. Price quotations are understood net, excluding fees, commissions and other charges.
32.3. The Client acknowledges that any information provided to the Client by the Company or by any person within the Company is not to be understood as an offer to sell or as solicitation to enter into any OTC FOREX/METALS/BINARY OPTION transaction. FXCL Markets Ltd. does not accept any responsibility or liability for the correctness or completeness of information provided by the Company.
32.4. The Client acknowledges that any market information provided by the Company may concern OTC FOREX/METALS/BINARY OPTION and other products, in which the Company and/or any of its officers, directors, affiliates, associates, members or representatives have their own position or a trading interest. The Company is not obliged to disclose to the Client its own commercial interests.
32.5. The Client acknowledges that the Company makes no representations concerning tax implications or treatment of transactions.
33. Trading Limitations.
33.1. The Company, at its discretion and without reason, may refuse to accept and execute any of the Client’s instructions relating to OTC FOREX/METALS/BINARY OPTION trades.
33.2. The Company reserves the right to limit the number or types of positions or binary options (e. g. Take Profit, Stop Loss, Buy and Sell Limit orders shall be good till Friday) in the Client’s Account and to close out any positions or binary options exceeding such limit. The Client accepts and undertakes not to exceed such limits.
33.3. Any orders still pending by the time the market closes on Fridays will automatically be cancelled then.
34. Foreign Currency Transactions and Currency Fluctuation Risk.
34.1. If the Client requests a transaction to be realized in any market where transactions are usually settled in a foreign currency, the Client is fully liable and bears all risks of currency fluctuation of respective currency and the United States dollar. All initial and subsequent margin deposits required by the Company policies, or requested by the Company, shall be made in United States dollars or in the currency specified by FXCL Markets Ltd. The Company is authorized to convert any funds in foreign currency in the Client’s Account into and from such foreign currency at the exchange rate that the Company receives from the banks and financial institutions that the Company uses as its business partner.
35. Exclusion of Company’s Liability.
35.1. Any risks, losses or liabilities resulting from OTC FOREX/METALS/BINARY OPTION transactions on the Client’s Account, including but not limited to fluctuations in the market prices, shall be solely borne by the Client.
35.2. Apart from OTC FOREX/METALS/BINARY OPTION transactions, the Company accepts no liability arising from the business relationship with the Client, including but not limited to the operation, use or maintenance of the Automated System, the selection, instruction or supervision of employees, agents or sub-agents, quoting errors.
35.3. The Company reserves the right to amend the content on the Company's website at any time, without prior notice. The Company has taken all reasonable measures to provide its customers with accurate information only, however, the degree of such accuracy is not guaranteed. The Client understands and accepts, that the Company bears no responsibility for the losses or damages of any kind, arising from the information, received from the Company's website, directly or indirectly.
36. Outsourcing Business.
36.1. The Company reserves the right to delegate the provision of certain services in its core business.
37. Language.
37.1. Este Contrato, bem como os termos, condições e políticas da empresa, podem ser traduzidos para outros idiomas, mas, em caso de inconsistência ou ambiguidade quanto ao significado de qualquer palavra ou frase em qualquer tradução, o texto em inglês prevalecerá.
38. Business Days.
38.1. All days of the week are considered to be business days except the financial market holidays, Saturdays and Sundays.
39. Amendments to This Customer Agreement Conditions.
39.1. The Company reserves the right to amend this Trading Agreement, Trading Terms, Privacy Policy, and other terms, rules and policies at any time without prior notice.
39.2. Amended Conditions are published on the website.
40. Validity of the Agreement.
40.1. The latest published version of this Agreement on the Company website shall prevail.
Disclaimer: FXCL Markets Ltd. is compensated by the spread. Leverage may increase gains or losses. A negociação de câmbio em margem comporta um alto nível de risco e pode não ser adequada para todos os investidores. You should make sure you understand the risks involved, seeking for independent advice if necessary.
ATTENTION: FXCL Markets Ltd. does not solicit residents of Japan, USA and Canada to open trading accounts. Citizens of mentioned countries (regardless of residence) are not accepted. Residents and citizens of the UN sanctioned countries are also not accepted.
&cópia de; 2018-2018 FXCL Markets Ltd. All rights reserved.

Trading Agreement.
These Terms and Conditions apply to the business relationship between IFA FX Ltd. and the Client, unless special stipulations or agreements were made.
This Customer Agreement is made by IFA FX Ltd, a stock corporation organized under the laws of Belize, having its registered office at No.5 Cork Street, Belize City, Belize, and all its Clients.
In consideration of IFA FX agreeing to open and maintain one or more accounts of the Client and IFA FX agreeing to provide services to the Client with respect to OTC products transactions, which may be purchased or sold by or through IFA FX for the Client’s account(s), the Client agrees to the following:
ACCOUNT AT IFA FX.
IFA FX retains the right, at its discretion and without obligation, to demand from the Client additional funds as margin, buffer or the like. IFA FX. reserves the right, at its discretion and without obligation, to reduce or cancel any margin facility made available to the Client or to refuse the increase of any margin facility. The Client acknowledges that he cannot hold IFA FX responsible or liable for any resulting losses or damages, if IFA FX refrains from demanding additional margin funds or if IFA FX reduces or cancels any margin facility or refuses the increase thereof.
The Client accepts to maintain the margins in his Account as requested by IFA FX .
The Client will make the deposit of additional funds as margin within reasonable time upon IFA FX ‘ request. Reasonable time shall be receipt in the account within [one (1) day] upon IFA FX ‘ request subject to unusual circumstances or subject to a shorter notice time given by and at the sole and absolute discretion of IFA FX . Margin deposits shall be made by wire transfer of disposable funds, unless IFA FX expressively agreed to another method.
IFA FX has all rights to amend, change, delete, add, and modify spreads, fees, daily commissions, Swap rates, leverage, margin requirements, liquidation level (stop out level) for any offer/ accounts/ positions, at any time.
The Client acknowledges and accepts that, in the event that the margin or premium requested by IFA FX is not properly maintained within the time frame given by IFA FX , IFA FX may, at its sole discretion.
stop and/or cancel any trade of the Client with immediate effect; liquidate all open trade positions at a loss, to born by the Client; hold the Client liable for any deficit in the Account; set off any assets in the Account against any amounts due to IFA FX ; realize all pledged assets at private sales, without restriction and without being bound to observe the legal formalities required by the Belize federal law on the recovery of debts and on bankruptcy.
Any objections to a margin call must be made in writing and submitted to IFA FX immediately upon receipt of said margin call and must reach IFA FX not later than 2 (two) days from the date on which the Client received notice of the margin call.
In the absence of timely objection or dispute, the margin is considered as acknowledged and approved by the Client.
The Client agrees to maintain no more than one active, verified Trader’s Member Area at a time as the basic representation of all his transactions with IFA FX. If the Client chooses to open several Trader’s Member Area – verification for additional Member Area can be refused and all already verified Trader’s Member Area, except one, will be a subject of an additional verification.
FOREIGN CURRENCY TRANSACTIONS.
The Client authorizes IFA FX to open one or more accounts in his/her name at IFA FX. (collectively referred to as “Account”) for Client’s transactions in over-the-counter contract for difference (“OTC FOREX/CFD/METALS/ COMMODITIES /INDEX ”) products.
By placing an order, the Client authorizes IFA FX to carry out OTC FOREX/CFD/METALS/ COMMODITIES/INDEX trades in its own name, but for the account of and at the risk of the Client and in accordance with his instructions, with banks, trustworthy institutions or other trustworthy participants that IFA FX deems appropriate, unless otherwise instructed by Client in writing.
The Client acknowledges that all decisions with respect to a transaction are independently made by Client without taking any advice from IFA FX . IFA FX is not acting as an advisor or serving as a fiduciary to Client and cannot be held responsible for any of the Client’s transactions.
Client acknowledges, accepts and understands that OTC FOREX/CFD/METALS/ COMMODITIES/INDEX transactions are highly speculative, as explained in the IFA FX Risk Disclosure Statement. He acknowledges, accepts and understands that they may pose very significant risks, including but not limited to legal and financial risks to the extent of causing unlimited losses, without any guarantee of retaining the capital invested or generating any profits. Client acknowledges, accepts and understands that OTC FOREX/CFD/METALS/ COMMODITIES/INDEX transactions are suitable only for individuals who are able to cope with the associated risks, who are able to bear financial losses in excess to their deposits, and who have the financial comfort to suffer substantial losses without an impact on their living standard.
The Risk Disclosure Statement of IFA FX is an integral document which explains in detail the risks involved in OTC FOREX/CFD/METALS/ COMMODITIES/INDEX transactions.
HIGH RISK OF OTC FOREX/CFD/METALS/ COMMODITIES/INDEX TRADING.
OTC FOREX/CFD/METALS/COMMODITIES/INDEX Trading is highly speculative and is suitable only for those who (i) understand and are willing to assume the economic, legal and other risks involved, and (ii) are financially able to assume losses significantly in excess of margin or deposits.
Foreign currency prices are highly volatile. Price movements of foreign currencies are influenced by various factors, including but not limited to interest rates, changes in balance of payments and trade, domestic and international rates of inflation, international trade restrictions and currency devaluations and revaluations. For example, there can be serious market disruptions if economic or political events locally or overseas affect the market. It is not possible to foresee all risks in advance.
Client represents, warrants and agrees that he understands these risks and is willing and able, financially and otherwise, to assume the risks of foreign exchange trading and that the loss of your entire Account balance will not change your life style. Client recognizes that guarantees of profit or freedom from loss are impossible of performance in OTC FOREX/CFD/METALS/ COMMODITIES/INDEX trading. Client acknowledges that he has received no such guarantees from IFA FX or from any of its representatives or any introducing agent or other entity with whom you are conducting your IFA FX account and have not entered into this client trading agreement in consideration of or in reliance upon any such guarantees or similar representations.
RISK OF RAPID AND TOTAL LOSSES AS A RESULT OF LOW MARGIN/HIGH LEVERAGE.
The high leverage and low margin associated with OTC FOREX/CFD/METALS/COMMODITIES/INDEX may result in significant losses due to price changes in OTC FOREX/CFD/METALS/ COMMODITIES/INDEX . A relatively small market movement will have an above average impact on the funds that you have deposited or will have to deposit; this may work against as well as for the Client. Client may sustain a total loss of initial margin funds and any additional funds deposited with IFA FX to maintain their position.
If the market moves against Client’s position or if margin levels are increased, you may be called upon to pay substantial additional funds on short notice to maintain your position. If Client fails to comply with a request for additional funds in due time, his account may be liquidated at a loss and Client will be liable for any resulting deficit.
ABSENCE OF REGULATORY AND FINANCIAL PROTECTION.
When trading OTC FOREX/CFD/METALS/ COMMODITIES/INDEX with IFA FX . IFA FX acts as a dealer, trader etc. in a private contract with Client. IFA FX may, in turn, enter into “back-to-back” transactions with other dealers, traders, etc. including its affiliates. Prices quoted to the Client by IFA FX include a price margin. IFA FX does not execute OTC FOREX/CFD/METALS/ COMMODITIES/INDEX transactions on an exchange and transactions are not cleared by a central clearing organization. Therefore, any transaction with IFA FX will be solely a private obligation of IFA FX and not an obligation of a clearinghouse. As a result, the Client does not benefit from the regulatory and financial protections that exist for transactions traded on an exchange.
All obligations of the Client and IFA FX with respect to CFD trades are based on the terms as set out in (i) the IFA FX . Client Trading Agreement including the General Terms and Conditions and Risk Disclosure Statement, and (ii) the confirmation of the dealing desk which applies to the individual transaction only. Client’s obligations from the transaction may not be transferred to a third party, unless with the written express consent of IFA FX .
IFA FX reserves the right, without obligation, and with good reason to terminate or close out any transaction prior to its expiration date at any time. At its discretion, IFA FX is free to quote a price for an early close of a transaction upon request of the Client.
CLIENT’S SOLE AND FULL RESPONSIBILITY FOR HIS TRADING DECISIONS.
IFA FX acts solely in the capacity of an arm’s length contractual counterparty to the Client with respect to OTC FOREX/CFD/METALS/ COMMODITIES/INDEX transactions. IFA FX does not offer or assume the function of the Client’s financial adviser or fiduciary. Transaction proposals, suggested hedging strategies or other written materials or oral communications from IFA FX are not to be understood as investment recommendations or advice or as expressing IFA FX ’ view as to whether a particular transaction is suitable for the Client or meets his financial objectives. IFA FX accepts no responsibility arising out of any trading decisions.
In addition, any market or quote that IFA FX makes for the Client may be based solely on markets or quotes that are made or quoted to IFA FX by the counterparties with which it does business. Such quotes or markets may not represent the best quotes or markets available to the Client or IFA FX from other sources and IFA FX undertakes no obligation to obtain competitive quotes or markets from other counterparties.
IFA FX and its affiliates may from time to time have substantial positions in, and may make a market in or otherwise buy or sell instruments similar or economically related to, OTC FOREX/CFD/METALS/ COMMODITIES/INDEX transactions entered into with the Client. IFA FX and its affiliates may also carry out proprietary trading activities, including hedging transactions related to the initiation or termination of a foreign currency transaction with you that may adversely affect the market price or other factors underlying the foreign currency transaction entered into with you and consequently, the value of such transaction.
IFA FX , its personnel and affiliates and various other parties may execute orders at the same or better prices ahead of a Client order.
OFF-EXCHANGE TRANSACTION AND LIMITED LIQUIDITY.
IFA FX does not occur on a regulated exchange and it may be difficult or impossible to liquidate an existing position, to assess the value, to determine a fair price or to assess the exposure to risk. As a result, transactions involve additional risks. Off exchange transactions may be less regulated or subject to a separate regulatory regime.
Before undertaking OTC transactions, the Client should familiarize himself with applicable rules and attendant risks (see Risk Disclosure).
Transactions on markets in other jurisdictions, including markets formally linked to a domestic market, may increase the risk. Such markets may be subject to regulation, which may offer different or diminished investor protection. Before commencing trading, you should enquire about any rules relevant to particular transactions. The local regulatory authority will be unable to compel the enforcement of the rules of regulatory authorities or markets in other jurisdictions where Client’s transactions have been effected. The Client should ask the firm with which you deal for details about the types of redress available in both your home jurisdiction and other relevant jurisdictions before you start to trade.
OBLIGATIONS AND RISKS IN SPOT AND FORWARD TRANSACTIONS.
From time to time the Client will be responsible to meet the obligations, in accordance with the terms of the Client Trading Agreement, arising under a foreign currency spot or forward transaction. These transactions may be used to establish long or short positions in the market.
A spot transaction is a cash market transaction to buy or sell a specific quantity of currency immediately. Physical settlement will be required in a maximum of two (2) days.
The OTC FOREX/CFD/METALS/ COMMODITIES/INDEX market is (i) unregulated; (ii) there are no limitations on daily price movements (unless imposed by a government or central bank authority), (iii) no rules to regulate valuation or settlement procedures, and (iv) no minimum financial requirements for market participants.
On the defined settlement dates for spot and forward transactions may be obligated to pay IFA FX or receive payment through either the physical delivery of currency or cash settlement. The means of settlement are governed by the terms of the specified transaction.
DEPOSIT OF CLIENT’S FUNDS IN FOREIGN BANKS.
IFA FX is entitled to hold Client’s funds in accounts denominated in a foreign currency with depositories located outside of Belize if (i) Client is domiciled in a foreign country or (ii) if the funds are held in connection with positions priced and settled in a foreign currency.
Such accounts are subject to the risk that events could occur which would hinder or prevent the availability of these funds for distribution to Client. Such accounts may also be subject to foreign currency exchange rate risks.
OTC FOREX/CFD/METALS/COMMODITIES/INDEX is generally completed through IFA FX ’ Internet trading platform. Trading on an electronic trading system differs from trading in the open outcry market. If you undertake transactions on an electronic trading system, you will be exposed to risks associated with the system including the failure of hardware and software.
IFA FX ‘ automated order entry system provides immediate transmission of Client’s irrevocable instruction once Client enters the notional amount and clicks “Buy/Sell.” There is no “second look” at transmission, and market orders cannot be cancelled. The result of any system failure may be that your order is either not executed according to your instructions or is not executed at all.
The IFA FX Automated System serves to place orders for transactions in OTC FOREX/CFD/METALS/ COMMODITIES/INDEX and to access other account services and products provided by IFA FX Client acknowledges and understands that the use of Automated Systems entails risks, including, but not limited to, interruption of service, system or communications failure, delays in service, and errors in the design or functioning of such Automated Systems (collectively, a “System Failure”) that could cause substantial damage, expense or liability to the Client. IFA FX makes no representation or warranty of any kind, express or implied, with respect to the selection, design, functionality, operation, title or non - infringement of any automated system, and makes no express or implied warranty of merchantability or fitness for a particular purpose, title and/or non - infringement, and specifically disclaims any implied warranty with respect thereto. Without limiting the foregoing, IFA FX expressly disclaims any representation that any automated system will operate uninterrupted or be error-free.
IFA FX has no responsibility to inform Client of (i) any decision to use, not use or cease using any Automated System, (ii) the characteristics, functions, design or purpose of any Automated System, or (iii) any specific risks inherent in any Automated System.
COMMISSIONS AND OTHER CHARGES.
Before trading, Client will obtain a clear explanation of all commissions, fees and other charges for which the Client will be liable. These charges reduce your net profit (if any) and/or increase your loss.
The Automated Systems may be used to transmit, receive and confirm execution of orders, subject to prevailing market conditions and applicable rules and regulations.
IFA FX consents to grant to the Client the access and the use of the Automated Systems, provided that the Client adopts the required procedures to prevent unauthorized access to and use of the Automated Systems.
The Client accepts full responsibility for all trades executed through the Automated System, including the risk of financial liability for trades executed by unauthorized third parties.
The Client is responsible for monitoring of his Account(s). The Client shall immediately notify IFA FX in writing if he becomes aware of any of the following: a) any loss, theft or unauthorized use of your password; b) any failure by you to receive a message stating that an order was received and/or executed; c) any failure to receive an accurate confirmation of an order execution; d) any receipt of confirmation of an order and/or execution not placed by the Client; e) any inaccurate information in the Account balances, positions or transaction history.
LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES.
IFA FX reserves the right to terminate the relationship with the Client at any time and, in particular, IFA FX may, at its discretion, cancel trading orders, close open positions and demand settlement of any open Account balance at a date specified by IFA FX .
To liquidate the Client’s long or short positions, IFA FX may, in its sole discretion, offset or initiate new long or short positions in order to establish a spread, strangle or straddle to improve protection or avoid reduction of existing positions in the Client’s account. IFA FX may bid and become a purchaser at any such sale.
Upon any sale of the Client’s positions, IFA FX shall collect the proceeds for the account of the Client. The proceeds from any such sale or action shall be applied firstly to the payment of all legal and other costs and expenses incurred in connection with the sale or action, and secondly to the payment of the Client’s liabilities with IFA FX . The remaining balance shall be paid out to the Client.
The Client acknowledges and consents to receive monthly account statements, trade confirmations, and statements of close out of open positions required (“Notices”) in electronic form through the Internet. IFA FX does not charge for this service, unless prior written notice is given to the Client.
The Client reserves the right to revoke this consent at any time.
SECURITY IN FAVOUR OF IFA FX , PLEDGE.
IFA FX shall have a pledgee’s lien on and the right to set-off against all assets held for whatever purpose by IFA FX for the account of the Client. Such lien and right to set-off shall secure all claims by IFA FX , of whatever nature, irrespective of their due date and of the currency in which they are labeled. IFA FX is authorized to realize the pledged assets at private sale, without restriction and without being bound to observe the legal formalities required by the Belize federal law on the recovery of debts and on bankruptcy if, in the opinion of IFA FX the sale is necessary to cover claims secured by the pledge whether or not such claims are due and payable.
PRIVACY POLICY NOTIFICATION.
The Client authorizes IFA FX to gather information about the Client, including but not limited to transactions with IFA FX and affiliated members of the IFA FX data provided in the Customer Agreement, Account balances, payment history, and Account activity or other information regarding creditability of the Client.
IFA FX maintains appropriate security safeguards and procedures regarding client information, such as passwords and access codes to prevent unauthorized access to the Client’s information, special training of employees to protect Client’s information, review of compliance with the IFA FX privacy policy.
The Client acknowledges that IFA FX may in accordance with the anti money laundering regulation share information concerning certain business relationships within the IFA FX , if it is essential to prevent and detect money laundering on a Group level.
The Client accepts that Client’s information will be disclosed to such third parties, including but not limited to financial institutions or financial service providers, and to the extent necessary, in order to execute Client’s orders. The Client acknowledges that it might be required by law to disclose to receiving financial institutions (i) the Account holder’s name, (ii) the Account number and (iii) the Account holder’s address. IFA FX is authorized to disclose information as may be required by law, rule or regulatory authority, without prior notice to Client.
WARRANTIES OF THE CLIENT.
The Client warrants and represents that the information contained in this Customer Agreement, the Account Application, and any other documents furnished to IFA FX in connection with Client’s Account is complete, true and correct.
The Client represents and warrants in particular that: (i) he is of legal age, (ii) legally competent to execute this Customer Agreement, (iii) no person other than Client has or will have an interest in Client’s account(s).
Client hereby warrants that regardless of any subsequent determination to the contrary, Client is suitable to trade OTC FX.
Further, the Client represents and warrants that he is not an employee or associated person of a member firm of any exchange or of a member firm of the Federal Reserve, NFA, or NASD, or any employee or agent of any member of any bank, trust, or insurance company not disclosed to IFA FX . In the event that Client becomes an employee or agent of any of the foregoing, the Client will promptly notify IFA FX , in writing, of such employment.
GOVERNING LAW AND JURISDICTION.
This contract shall be governed by and construed in accordance with the laws of Belize with exclusion of Belize international private law and any international treaties.
Should any clause in this Customer Agreement be or become illegal, invalid or unenforceable in any manner whatsoever, this shall not affect the remaining provisions of this Customer Agreement.
Any litigation or administrative proceeding arising directly or indirectly hereunder must be heard by the courts in Belize. IFA FX shall have the right, at its discretion to enforce its claims at the place of the client’s legal residence or in any other Belize or foreign court or claims office having jurisdiction.
IFA FX is entitled to assign this Customer Agreement including all authorizations, to its successors and assigns, whether by merger, consolidation or otherwise.
The Client or IFA FX may terminate the Customer Agreement with immediate effect by giving notice to the other party at any time.
Termination shall not affect any accrued rights or obligations. Upon termination, IFA FX shall undertake to complete all open contracts in accordance with the Customer Agreement, terms and conditions and trading policies. Upon Termination, IFA FX is entitled to deduct all amounts owed by the Client before transferring the remaining balance to the Client.
Client acknowledges that if Client does not place a trade during a three (3) month period, and if during such period no OTC FOREX/CFD/METALS/ COMMODITIES /INDEX positions are held in Client’s Account, the Account may be automatically removed from IFA FX system.
Client will thereafter be required to re-establish an Account prior to placing any further trades, and IFA FX may require additional documentation from Client to reactivate such Account.
Unless expressly provided otherwise herein, Client places his instructions electronically or in writing by using proper identification.
IFA FX may regard as proper identification the correct password on the IFA FX trading platform for electronic, Client’s signature for written, and the phone pin code for oral instructions. IFA FX is not required to make a more extensive examination of the identification offered by the Client.
Where the Client communicates with IFA FX via email or places orders electronically, he acknowledges, accepts and understands that the transmission of data via the Internet, which is an unencrypted and unprotected open network, is accessible by the public, bears various risks including but not limited to the risk of unauthorized access to data or Accounts by third parties, or risk of time delays in transmission, delivery or execution of the Client’s orders due to malfunctions of communications facilities or systems or other causes beyond IFA FX reasonable control.
All risks involved in electronic communication and/or trade will be born solely by the Client. IFA FX assumes no responsibility or liability for losses or damages of any kind resulting from or in connection with the transmission of data via the Internet.
IFA FX is not responsible or liable for not noticing falsifications or lack of legitimating.
Any trading instruction sent by the Client via the IFA FX trading platform is considered as irrevocable request, and will be regarded as an order upon electronic confirmation by the dealing desk.
Any notices required to be given by the Client in writing shall be sent by mail or email to IFA FX to the address indicated on the IFA FX website.
ACCESS TO TRADING PLATFORMS AND AUTOMATED SYSTEMS.
IFA FX maintains a trading platform, an Automated System, and service bureaus. The Automated System serves execution of the Client’s instructions and Account administration, including but not limited to automated order entry, order routing and/or execution systems, record keeping, reporting and Account reconciliation systems, risk management.
In order to access the IFA FX trading platform and Automated System, the Client receives a password.
The Client acknowledges, represents and warrants that he will guard the password and accept full responsibility for the use of the password as well as any transactions occurring in an account that was opened, held or accessed by use of the password.
Any communications from IFA FX shall be deemed to be validly delivered to the Client if sent to the latest address indicated to IFA FX for this purpose by the Client, whether by postal service, email, telegraph messenger, system mailbox or other systems of transmission or means of transportation.
IFA FX Customer Agreement, Terms and Conditions and trading Rules are deemed delivered and notified to client by being published on IFA FX website.
IFA FX accepts no responsibility resulting from its mailing to the Client’s latest address.
Any risks or damage resulting from the use of any systems of transmission or means of transportation, particular by reason of loss, delay, misunderstanding, mistakes, distortions or duplications, shall be borne by the Client.
NOTIFICATION OF RELEVANT CHANGES IN CLIENT’S DATA The Client assumes the obligation to inform IFA FX in writing of all relevant changes with respect to the Account, including but not limited to changes of his contact data, or identity of the beneficial owner.
Upon IFA FX ’ request, the Client shall disclose the economic background of the business or other relevant information.
APPROVAL OF IFA FX NOTICES AND STATEMENTS.
Any objection to an order confirmation report or statement of account must be made immediately upon receipt and, in addition, confirmed in writing by email or mail, reaching IFA FX not later than two (2) days from the date on which the order confirmation or statement of account has been delivered to the Client.
Written objections shall be addressed to: IFA FX , Belize, or the most recent address indicated on IFA FX ‘ website, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested.
Client shall notify immediately if he does not receive the regular communications from IFA FX , such as order confirmations or statement of accounts, or other communications or mail from IFA FX . which the Client would have had to expect within the usual time period, the latest within ten (10) days after the date, that such communication or statement should have been received.
In the absence of timely objection or dispute, the order confirmation, statement of accounts and content of any notice and communication will be considered as acknowledged and approved by the Client.
ACCOUNTS MANAGED BY THIRD PARTY ADVISORS AND INTRODUCED ACCOUNTS.
The Client discloses to the Compliance Officer of IFA FX the identity of any person authorized to give OTC FOREX/CFD/METALS/ COMMODITIES /INDEX trade related instructions to IFA FX on behalf of the Client (“Trading Agent, Introducing Broker or Money/Fund Manager”) by signing IFA FX Limited Power of Attorney form.
The Client may revoke the authorization of a Trading Agent in writing by registered mail with return receipt at any time. IFA FX accepts no liability for any loss or damage, direct or indirect, resulting from the Client’s failure to duly notify IFA FX of such revocation.
Any risks, losses or damages resulting from the representation of the Client by the Trading Agent shall be borne solely by the Client, including but not limited to the Client’s choice of trading agent or any transactions of the Trading Agent. The Client acknowledges and understands that IFA FX does not recommend, warrant or represent any Trading Agent. IFA FX will hold the Client liable for any damage, loss, costs or expenses (including attorney fees) caused by the Client’s representative and/or Introduction Broker, arising to IFA FX , its members, affiliates, employees, agents, successors and assigns.
The Client acknowledges and applies if he is introduced to IFA FX by an introducing third party (Introducing Broker).
The Client accepts that if he is introduced to IFA FX by an Introducing Broker or Agent, any relevant information of the Client to execute transactions will be disclosed to the respective broker by IFA FX.
DEPOSIT OF CLIENT’S FUNDS IN FOREIGN BANKS.
IFA FX is entitled to hold the Client’s funds in regulated offshore accounts denominated in a foreign currency with depositories located outside of Belize if.
(i) the Client is domiciled in a foreign country; ou.
(ii) any funds are held in connection with positions quoted and settled in a foreign currency.
PRICE INFORMATION AND QUOTATIONS.
IFA FX provides price quotations to the Client through the IFA FX internet platform or its trading desk by telephone upon Client’s request to buy or sell OTC FOREX/CFD/METALS/ COMMODITIES /INDEX and other products. Each price quotation is for a specific transaction with a specified value date and a specified product involved.
IFA FX reserves the right to quote prices differing from prevailing bid and ask market prices. The prices quoted by IFA FX may be increased in favor of third parties, including but not limited to introducing agents or advisors.
Price quotations are understood net, excluding fees, commissions and other charges.
The Client acknowledges that any information communicated to Client by IFA FX or by any person within the company is not to be understood as an offer to sell or as solicitation to enter into any OTC FOREX/CFD/METALS/COMMODITIES/INDEX transaction. IFA FX does not accept any responsibility or liability for the correctness or completeness of information provided by IFA FX .
The Client acknowledges that any market information provided by IFA FX may concern OTC FOREX/CFD/METALS/ COMMODITIES /INDEX and other products, which IFA FX and/or any of its officers, directors, affiliates, associates, members or representatives has itself a position or a trading interest. IFA FX is not obliged to disclose to the Client its own commercial interests.
Client acknowledges that IFA FX makes no representations concerning tax implications or treatment of transactions.
MISTAKE IN THE EXECUTION OF ORDERS AND QUOTING ERRORS.
If the Client suffers any loss through the non-application or incorrect application of an order or transfer, IFA FX will not be liable.
In case of a quoting error, whether written or oral, IFA FX accepts no liability and reserves the right to make the necessary corrections or adjustments based on the fair market value determined by IFA FX , in its sole discretion, of the relevant product at the time such an error occurred.
At its discretion and without reason, IFA FX may refuse to accept and execute any of the Client’s instructions relating to OTC FOREX/CFD/METALS/ COMMODITIES /INDEX trades.
IFA FX reserves the right to limit the number or types of positions (e. g. take profit, stop loss, buy and sell limit orders shall be good till Friday) in the Client’s Account and to close out any positions exceeding such limit. The Client accepts and undertakes not to exceed such limits.
Any orders still pending by the time the market closes on Fridays will automatically be cancelled then.
FOREIGN CURRENCY TRANSACTIONS AND CURRENCY FLUCTUATION RISK.
If the Client requests a transaction to be effected in any market where transactions are usually settled in a foreign currency, the Client is fully liable and bears all risks of currency fluctuation of respective currency and the United States dollar. All initial and subsequent margin deposits required by the IFA FX policies or requested by IFA FX shall be in United States dollars or in the currency specified by IFA FX . IFA FX is authorized to convert any funds in foreign currency in the Client’s Account into and from such foreign currency at the exchange rate that IFA FX receives from the banks and financial institutions that IFA FX uses as business partner.
EXCLUSION OF LIABILITY BY IFA FX.
Any risks, losses or liabilities resulting from OTC FOREX/CFD/METALS/ COMMODITIES /INDEX transactions on the Client’s Account, including but not limited to fluctuations in the market prices, shall be solely born by the Client.
Apart from OTC FOREX/CFD/METALS/COMMODITIES/INDEX transactions and except in cases of intent and gross negligence on its part, IFA FX accepts no liability arising from the business relationship with the Client, including but not limited to the operation, use or maintenance of the Automated System, the selection, instruction or supervision of employees, agents or sub-agents, quoting errors.
OUTSOURCING BUSINESS AND USING AGENTS.
IFA FX reserves the right to delegate the provision of certain services in its core business.
COMMISSIONS, FEES, OTHER CHARGES.
IFA FX services are remunerated according to its tariff published from time to time. IFA FX retains the right to amend this tariff at any time without prior notice.
Client shall pay commission, fees and other charges arising from transactions with or through IFA FX , including but without limitation to brokerage fees mark-ups and markdowns, statement charges, idle account charges, order cancellation charges, account transfer charges, adjustment charges or other charges, interbanking fees, bank fees.
The Client agrees to pay a transfer fee to IFA FX in the event the Client instructs IFA FX to transfer open positions, money and/or property of the Client’s account to another institution.
The Client accepts that any amounts overdue shall bear a default interest at a rate equal to fifteen (15) percentage points per annum which will be debited to the Account.
Customer accounts will be subject to a $25 monthly inactivity fee if no trading activity has occurred for a period of 60 days or more. Trading activity is defined as the opening and/or closing of a position or maintaining an open position during that period.
IFA FX provides payment fee coverage as a promotional campaign carried out of company’s own accord. Amounts of fee coverage for payment systems and additional conditions are set by IFA FX and can be modified or canceled at any time. The limits for fee coverage are $500 for deposits and $100 for withdrawals per trader per month.
IFA FX has all rights to amend, change, delete, add, and modify spreads, fees, daily commissions, Swap rates, leverage, margin requirements, liquidation level (stop out level) for any offer/ accounts/ positions, at any time.
This Trading Agreement, as well as company terms, conditions, and policies, may be translated into other languages but, in the event of any inconsistency or ambiguity as to the meaning of any word or phrase in any such translation, the English text shall prevail.
SATURDAYS AND LEGAL HOLIDAYS.
All days of the week are considered to be business days except the financial market holidays, Saturday and Sunday. Amendments to this Customer Agreement Conditions IFA FX retains the right to amend its Customer Agreement Conditions and the terms and conditions and trading rules at any time without prior notice.
Amended Conditions are published on the website.
All trading transactions are performed online through IFA FX ‘ trading platforms. By-phone trading is an emergency option. Any system failure at IFA FX may result into not executing the order according to your instructions or not executing the order at all. Trading accounts are basic and not equipped with the following facilities by default; these facilities are available upon request.
Choice of Leverage is set by default according to the account type.
Hedge facility; Other facilities; see each account description.
The above facilities should be requested directly to our Support Department by email: support@ifafx and subject to the management approval. PENDING ORDERS.
All pending orders are guaranteed according to the fair market rate. All pending orders must be placed according to the product specifications. Check products tab on ifafx website Once pending orders are in process, IFA FX ‘ system will reject any cancellation or modification attempted during that time.
Definition: Scalping is a trading strategy based on the following principles:
Distance in pips between open and close price Time between open and close Frequency of trades.
The smaller the distance in pips between open and close price, the shorter the time between open and close, the higher the frequency of the trades, the more chances you have to be qualified as a scalper.
Scalping is allowed under one or all the following conditions:
Higher spread may apply. Lower leverage may apply. A commission may apply.
All orders are guaranteed according to the fair market rate. When a client clicks for a trade, the client makes a request according to the market watch price. If the requested price is a traded market price the trading system will confirm. Otherwise, if the price changes, the system will send an automated re - quote with the fair market rate. The client will then have the choice to confirm or reject. IFA FX reserves the right to cancel and delete any transaction/pending order executed on an invalid price (directly executed or re quoted) without prior notice. Market spread may be offered on all or selected products for the duration of news releases and throughout hectic markets. IFA FX may in its soul and absolute discretion, at any time, without a prior notice change its commissions, fees, spreads, margin requirements and leverages, or close any account. As IFA FX sees fit, and in order to settle the cumulative foreign currencies positions, a settlement will apply to all accounts periodically. A previous notice in this regard will be sent through the trading system mailbox. Accordingly, any foreign currency position held at the end of a specific business day will be closed and re-opened the next business day. No charges will apply for the settlement.
REPORTING TRADING ERRORS.
When you report a trading error, send an email to support@ifafx as soon as possible. We will need the following information to be able to assist you in this regard: Your name Your account number Detailed description of the enquiry Your ticket/s number if applicable Your direct contact information Any trading error on behalf of the client must be reported within 48 hours. Any trading error coming from IFA FX will be amended.
According to the account type; when the margin level specification is reached IFA FX will liquidate (close) all open position(s) including hedged positions. Pending orders at liquidation level may not be deleted if there are sufficient margins on account to activate these orders. Pending orders at liquidation level will be canceled if there are no adequate margins on account to activate the orders. Accounts may be liquidated according to the provisions within the Customer Agreement.
The latest published version of this policy on IFA FX website shall prevail. Important Notice: In the event of any dispute arising regarding the customer account/s and/or any open or closed positions within customer account, IFA FX has the right to internally investigate and audit this account/s including all open and closed transactions. Simultaneously, the account/s funds shall be frozen and no transactions will be allowed until the dispute is completely resolved. IFA FX grants no guarantees to the client account and/or investment and/or funds. IFA FX has all rights to amend, change, delete, add, and modify spreads, fees, daily commissions, leverage, margin requirements, liquidation level (stop out level) and any offers for any accounts or any positions, at any time. Furthermore, IFA FX reserves the right to close any positions or accounts, at any time, without a prior notice.
Trader is responsible for the protection of Trader’s Password that gives access to Trader’s trading account and online cabinet. Trader agrees that, in the event of the loss or misuse of Trader’s Password, IFA FX disclaims all liability for such loss.
Tarder must not divulge Trader’s Password to anyone else, nor may Trader use anyone else’s Password. Trader agrees that IFA FX will treat any person accessing Trader`s account/Member Area using Trader’s Password as the Trader.

PERFIL DA COMPANHIA.
CLIENT AGREEMENT.
The present agreement designates terms under which the “Company” will provide services to the “Client” in connection with the purchase and sale of currencies of every nature and kind foreign exchange contracts and any similar instruments (collectively referred to as “Forex Contracts”), which may be purchased or sold by or through the “Company” for Client’s accounts(s),
1. Terms and Definitions.
Terms as defined as below will be used in this agreement and it only takes the meaning of the definition in this section.
Account History – A list of complete past transactions and non-trading operations of live accounts Ask – The price at which a currency pair is offered for sale; the quoted price at which an investor can buy a currency pair. This is also known as the ‘offer’, ‘ask price’, and ‘ask rate’ Balance – Total financial amount of the completely finished transactions and non-trading operations in the trading account. Moeda Base & # 8211; In terms of foreign exchange trading, currencies are quoted in terms of a currency pair. A primeira moeda no par é a moeda base. The base currency is the currency against which exchange rates are generally quoted in a given country. Examples: EUR/USD, the EURO is the base currency. Oferta & # 8211; The price at which an investor can place an order to buy a currency pair; the quoted price at which an investor can sell a currency pair. This is also known as the ‘bid price’ and ‘bid rate’ Bonus Amount of money, which a client receives within the bounds of bonus programs, promotion and contests that are held by the Company. Client Legal or physical party that has negotiated the Agreement with a Dealer in order to fulfill trading operations in terms of margin trading and therefore, settled client terminal rental contract with the ‘Company’. Client’s Log File A file created by the client terminal, which record all requests and orders sent from Client to a Dealer, with one-second accuracy. Closed Position Exposures in Foreign Currencies that no longer exist. The process to close a position is to sell or buy a certain amount of currency to offset an equal amount of the opened position. This will ‘square’ the position. Complete closed transaction Consists of two opposite trading operations in equal quantity (opening and closing positions): buying followed by selling or selling followed by buying. Contract Specifications Main trading terms (such as spread, lot size, minimal trading operation quantity, change in trading operation volume move, initial margin, lock etc.) for each instrument. Currency Pair The two currencies that make up a foreign exchange rate. For example, GBP/USD. Dealer An individual or firm that acts as a principal or counterpart in a transaction. Os diretores tomam um lado de uma posição, na esperança de ganhar um spread (lucro) ao fechar a posição em uma troca posterior com outra parte. In contrast, a broker is an individual or firm that acts as an intermediary, putting together buyers and sellers for a fee or commission. Company, that signed an agreement with Client sets a legal basis over the margin trading conditions commission The Company co-worker deals with query processing and Client orders, fulfilling orders, stop out and margin calls Disputed Situation A situation where the Client assumes that the Dealer has violated one or more conditions of the present Regulation as a result of his activity or inactivity; A situation where the Dealer assumes that the Client has violated one or more conditions of the present Regulation as a result of his activity or inactivity Equity The present account balance is calculated according to the formula: Balance + Floating Profit – Floating Loss. Fast Market Market’s condition that is characterized by sudden currency rate changes during a short period of time and often followed by price gaps. Usually occurs right before, and/or after one or few events: Publication of economic indicators of The G8 (the eight leading industrial countries, that is the US, Germany, Japan, France, UK, Canada, Italy, Russia), has a high degree of influence on the financial markets; Central banks and their committees’ decisions on interest rates; Press conference and the appearance of central bank leaders, financial ministers and G8 members and countries’ presidents; State organizations’ currency interventions; Terrorist acts of a national scale; Natural disasters, which cause an emergency situation within stricken territories; The beginning of war or of military actions; Major political force events such as resignation or inauguration (including election results); Other conditions that influence the dynamic rate tool. Floating Profit/Loss Unrecorded profits/losses of open positions for present rate terms Force Major Circumstances Occurrences which could not be foreseen or prevented such as: Natural disasters; Wars; Acts of terror; Government actions, actions of executive and legislative government authority; Hacker attacks and other unlawful acts toward servers. Free Margin Trading account money resources that can be used for opening new positions. Calculated according to the formula: Equity – Margin. Hedged Margin A guarantee requested by the dealer for opening and maintaining locked positions. The toll specification is shown for each instrument. Initial Margin The deposit a customer needs to make before being allocated a trading limit. Leverage The ratio of the amount used in a transaction to the required security deposit: 1:100, 1:200. Leverage 1:200 means that in order to open a transaction, it is necessary to have 200 times less of a transaction amount than the Dealers’ trading account. Long Position In foreign exchange, when a currency pair is bought, the position is said to be long. Lot A unit to measure the amount of the deal; the value of the deal always corresponds to an integer number of lots. Lot Size Number of assets, products, base currency defined in contract’s specification per one lot. Margin The amount of money needed to maintain a position Margin Level Expressed in percentage of equity in relation to the “Necessary margin”. Calculated according to the formula: (Equity/Margin)*100%. Margin Call A call for additional funds in a margin accounts because the value of equity in the account might has fallen below a required minimum. Margin Trading Trading operations processed using leverage; when the Client has the opportunity to close a transaction that exceeds his finances. Market Opening Trade reopening after a weekend, holidays or after a rest interval during trading sessions. Market Opening Price Gap Due to either of the following situations: A market opening Bid quote that is bigger than a market closing Ask quote; A market opening Ask quote that is smaller than a market closing Bid quote. Necessary Margin A Dealer’s finance request in order to maintain open positions; each instrument is shown in terms of contracts. Order Client’s instruction to Dealer to open/close positions, distribute, remove or change level order. Order Level Price given in order Open Position the first part of a complete transaction result. When opening a position, Client takes on the following obligations: To close opposite transactions of equal quantity; To maintain equity not less than 30% of the necessary margin. Pending Order Client requests Dealer to open position once price reaches the order level Pip The smallest increment of change in a foreign currency price, either up or down. Price Gap Due to either of the following situations: The present quoting Bid is bigger than the prior quoting Ask; The present quoting Ask is less than the prior quoting Bid. Quotation Currency The second currency in the currency pair that is used by Client when selling or buying base currency. Quotation Base Quotation stream information. Quote Tread A block of numerical data that describes the meaning of the price at a specific time period Quoting Process of granting a quote to the Client in order to close a transaction. Rate The price of one currency in term of another, typically used for dealing Rate purposes: Currency Pair: base currency unit cost expressed in terms of quoting currency; Contract for difference: base asset unit cost expressed in money. Net deposit The difference between deposit and withdrawal amounts of the Client for a certain period. Request Client’s instruction that has been given to a Dealer in order to obtain a quotation. A request is not necessary for the Client to make a deal. Server’s Log File A file, created by server, which records all requests and orders received from Client to a Dealer, as well as the processing result, with one-second accuracy. Server Software product MetaTrader Server 4.xx that processes Client’s orders and requests, submits information about financial market trades in real-time terms (quantity defined by the Company), takes into account mutual obligations between Client and Dealer, and observes the conditions and restrictions. Short Position An investment position that benefits from a decline in market price. When the base currency in the pair is sold, the position is said to be short. Spike Quoting that meets the following conditions: Essential price gaps are present; A price reimbursement up to the initial level, creating a price gap in a short period of time; Rushing price dynamics prior to the quoting do not exist; The moment macroeconomic events and/or corporate news noticeably influences an instrument’s rate;
FxCitizen has the right to remove any information that concerns non-market quoting from the quoting benchmark server.
The Trailing Stop only works when the Client terminal is launched, connected to the Internet and successfully authorized by the server.
The Present Agreement between the Client and the Company sets the terms of use for all services, which are offered by the Company and other authorized third-party service providers, including the kind of services necessary to process transactions in the Client’s trading account.
2. Company's Services.
Definition of the Company’s services Company’s services: : any interactive programs or services offered by the Company, which allow the Client to： connect with the Company or with an authorized third-party service provider; receive information and quotes from the Company or from an authorized third-party service provider; close transactions on financial markets through the Company using the trading terminal MetaTrader 4.0 (software program) which includes electronic data transfer that the Client submits to the Company using a personal computer connected by modem or any other device to access the file transfer network assigned by the Company. By signing the present Agreement, the Client confirms that he/she understood the rules of communication and therefore, agrees to use the client terminal or phone to give instructions. Services of the Company include the package of informational programs: “MetaTrader 4.0”, technical analysis resources and any information provided by third-parties, offered along with Company’s services. The Client confirms that the Company has the rights to change, add, rename or leave with no changes the Company’s Services which are offered in terms of the present Agreement without prior notice. The Client also confirms that this Agreement applies to Services, which can be changed, added or renamed in the future in addition to the Services which are provided the Client at the present time. In relation to Client’s trading operations, the Company executes the Client’s orders, without providing asset management or giving any recommendations. The Company is to execute Client’s request or order, regardless of the trading operation, even if it is inappropriate for the Client. Except for cases which are described in the present Agreement: the Company is not obliged to: track and notify the Client about his trading operation status; close any open position of the Client; Company’s Services do not include reference giving, submitting information to motivate a Client to close transactions. In some cases, the Company holds the right to give information, references and advice to the Client, having no responsibility over the impact and profit that these references and advice may cause. The Company has the right to cancel or close any Client’s position in terms of certain conditions that are regulated by the present Agreement or Rules. All trading operation to which the Client is committed as a result of erroneous information or a mistake are to be upheld by both the Client and the Company.
3. General Principles.
3.1 CLIENT’S ORDERS PROCESSING.
When executing trading operations, the “Straight-Through-Processing Execution” quoting mechanism is to be used. Client requests and orders are processed according to the following procedure: The Client makes a request or order that is being checked in terms of correctness in the Client terminal; Trading terminal forwards request or order to the server of liquidity provider Liquidity Provider receives client’s request and checks it for correctness. The trading terminal should output the message “request accepted by server”; Once the Client request or order has been processed, the server sends the result back to the trading terminal at the best price of the moment; In case the connection between the Client terminal and server is fixed, the Client terminal will receive the dealer result. The Client has a right to cancel the earlier sent request, which goes into a queue. The Company cannot guarantee the success of the execution of this request. The amount of time needed to process a request and order depends on the connection quality between the Client terminal, the Company server and the respond from the liquidity provider, as well as on the market conditions. With normal market terms, it usually takes 1-5 seconds to process the request and order. If market conditions differ from normal, the time might be extended to between 10-20 seconds. The Company’s Server has the right to decline the Client request in the following situations: “No price” message is received when the market is opening, it happens when the Client makes a request before the first quote enters the trading platform; the Client does not have enough funds to open a new position; market conditions differ from normal. “Off Quote” message is received when the market price is not moving for 120 seconds, most probably due to loss of connection with liquidity providers’ server.
Currency selling occurs at the Bid price. Currency buying occurs at the Ask price.
Limitation on the size of the minimal deal is established in the volume of 0.1 lots (0.10USD for a pip) for Standard Account with equity more than $2,000 US Dollars. For accounts with balance less than $2,000 US Dollars or its equivalent in other currency, an introduction of the limitation on the size of the minimal deal in the volume of 0.01 lots (0.01USD for a pip) is possible at the company’s discretion. For further specification, refer to official website of the Company in the section “Account Type”
In the absence of force major circumstances, the Company maintains a fixed spread, which is shown on the Company’s Website. When an overnight position passes over takes place, the swap process for an open position starts at 23:59:30. From Wednesday – Thursday overnight, you get a triple swap. Swap will be taken into effect for all swap account, but not swap-free account. Swap free account is only eligible for Muslim clients. The Company has the rights to charge swap on Non-Muslim’s positions that is held for more than 10 days.
The Company has the rights to change margin requirements, spreads, the order executing state and other trading terms in correlation with national and international holidays. In this case, all changes will have an effect on both already opened and opening positions.
Position opening occurs when a request or an order is being sent from the Client terminal to the Company server. The following request or order information is mandatory: Instrument name; Transfer quantity; Sell or Buy. The instruments available for “Instant Execution” trading transactions are listed at the official website of the Company in the section “Trading instruments”
3.7. THE COMPANY IS OBLIGED TO NOTIFY THE CLIENT 3 DAYS PRIOR TO CHANGES IN THE QUOTING CURRENCY LIST.
To open buying/selling transactions, the Client must send a request using the Client terminal. To open a buying transaction, the Client must click the “Buy” button in the Client terminal window, at which time the order will be sent to the server. To open a selling transaction, the Client must click the “Sell” button in the Client terminal window, at which time the order will be sent to the server.
3.8. PROCESSING OF THE CLIENT’S ORDERS ON POSITION OPENING.
If the size of the free margin is enough to open a position, the position will open. A free margin level is calculated automatically. If the size of the free margin is not enough to open position, the position will not be opened and a “Not enough money” message will appear in the order window. If quoting changes the moment the Client request or order is being processed by the server, the server will offer a new Bid/Ask price. In this case, a new “Requote” window with new prices will appear as well. And if the Client accepts the newly offered prices, he should click the “OK” button in the window within 3 seconds. The Client order to open a position is considered to be executed and the position opened when the relevant server log file has been updated. Each new position will receive a sequential ticker number.
When closing a position using the Client’s terminal, the Client must indicate the following information: the closing ticker position the transfer quantity In order to send orders to close positions, the Client should click the “Close position” button on the trading terminal order.
3.10. PROCESSING OF THE CLIENT’S ORDERS ON POSITION CLOSING.
If the order server quote is changed the instant the Client requested to process an order, the server will offer a new Bid/Ask price. In this case, the new “Requote” window with the new prices will also appear. To accept the newly offered prices, the Client should click the “OK” button in the query window within 3 seconds. The Client order to close positions is considered to be executed and the position closed, once recorded in the relevant server log file.
3.11. THE FXCITIZEN TRADING TERMINAL DESCRIPTION OF ORDERS.
Order types “Buy Stop” – supposes buy position opening at a higher price than the current price at the moment of the order placing. “Sell Stop” – supposes sell position opening at a lower price than a current price at the moment of the order placing. “Buy Limit” – supposes buy position opening at a lower price than a current price at the moment of the order placing. “Sell Limit” – supposes sell position opening at a higher price than a current price at the moment of the order placing. The following orders can be used for position closing: “Stop Loss” – Presumes closing the earlier opened position at a price, which is less profitable for Client, compared to the current price at the moment of order placement. “Take Profit” – Presumes closing an earlier-opened position at a price, which is more profitable for Client, compared to the current price at the moment of order placement (set default 200 pips from the opened price, Client is allowed to change it). The Client has a right to change and remove any pending order if it has not been activated.
An order will be placed in the queue to be carried out in the following cases: A Sell-Stop order is placed in the queue to be carried out the very moment the Bid price in the quoting flow becomes lower or equal to the order level A Buy-Stop order is placed into the queue to be carried out the very moment the Ask price in the quoting flow exceeds or reaches the order level. A Sell-Limit order is placed into a queue to be carried out the very moment the Bid price in the quoting flow exceeds or equals the order level A Buy-Limit order is placed into a queue to be carried out at the very moment the Ask price in the quoting flow is lower or equal to order’s level A Take-Profit order works when buying an open position, when the Bid price in the quoting flow exceeds or equal the order level A Stop-Loss order works when buying an open position, and the Bid price in the quoting flow drops below or equals the order level A Take-Profit order works when selling an open position, and the Ask price in the quoting flow drops below or equals the order level A Stop Loss order works when selling an open position, and the Ask price in the quoting flow exceeds or equals the order level When a price gap occurs, the orders are executed according to the following rules: Pending order, where the open level and the Take-Profit reach a price gap, the order should be cancelled with [canceled/gap] appearing as a comment; Take-Profit order that reaches a price gap, the order should be carried out at the pre-set price Stop-Loss order, when the level hits a price gap, the order should be carried out at the first price following the gap, with [sl/gap] appearing as a comment. Buy-Stop and Sell-Stop pending orders should be performed at the first price following a price gap, with [started/gap] appearing as a comment. Buy-Limit and Sell-Limit pending orders should be performed according to an order’s set price, with [started/gap] appearing as a comment. In some cases, when price gaps are small, orders may be performed in usual terms, according to the order’s set prices. When pending order is received for execution and the size of free margin is not enough for order opening, pending order is deleted automatically with the comment “cancelled by dealer”.
3.13. THE ACTION PERIOD AND PLACING ORDERS, SETTINGS, SETTING ORDERS.
Orders can only be placed, removed or changed by the Client, when trading for current instruments has been granted. When a Client sends an order to place a pending order, the following information should be provided: name of the instrument; position size (volume); order type (Buy-Stop, Sell-Stop, Buy-Limit, Sell-Limit); price level which the order should be set at. When a pending order attempts execution, the server automatically checks the trading account condition to see if a free margin is available. The new position goes to the open position list; the total client position is recalculated and the free margin as well. In terms of normal market conditions, a server executes an order according to the price set. Minor price slip may occur due to price changes during execution, new best price may be given. An order is considered to be executed once it has been recorded in the server log file. Orders that are closed not more than 2 minutes can be cancelled by the Company. The Company reserves the rights to cancel all the orders that is suspected of using prohibited strategies such as latency arbitrage, bonus system abuse, make hedging in other brokers, hacking into the Company server, to make dishonest profit via bugs and weakness of the system.
3.14. FORCED POSITION CLOSING.
When a Client’s account Margin Level is less than 100%, Margin Call occurs. The Company has the right to close the Client’s position, although it doesn’t need to do that. The Dealer decides whether to close the position or not. If a present trading account condition (Margin Level) is less than 30%, Stop Out occurs. The Company has the right to force a Client’s closing position without prior notice. The server controls the present account conditions. In the case that the conditions which are described in paragraph 3.14.2 of the present Agreement are violated, the server will generate a forced order position (stop out). A stop out is executed according to the market price. A forced closing position is recorded in the server log file as a “stop out”. In case the conditions stated in paragraph 3.14.2 of the present Agreement are violated, and the Client has several open positions, the one with the most floating losses will be the first one to be closed. In normal market conditions, the Company guarantees that after the closing of the last position on the account, the balance and assets of 0% – 10% margin will remain, which is necessary for maintaining that last forced position closing. The Company reserves a right to recover the negative account balance of a client with the funds on the second client’s account, if the balance has turned negative in the result of a strong price movement (as a rule, in cases described in the paragraph 5.9.) There can be a delay in automatic execution of closing the order during the induced position closing. This delay can be the reason of closing the position at more favorable price than the price at the moment of induced order closing. The account status at the moment of the deal closing by “Stop Out” is reflected in the comment to the order, where percentage of free margin, account balance and margin level are indicated. Closing of the order at the price, which is more profitable for a Client than the “Stop Out” level, cannot be considered as the reason for a claim on the part of Client. Closing of the position at the price, which is less favorable for a Client than “Stop Out” level, is considered as the reason of claim on the part of a Client. The Company reserves the rights to close the Client’s hedge position with the largest losses if the margin level is less than 100%.
If any issue on transaction arises, the client shall email to finance@fxcitizen within working days from the date of the issue.
4. Fund Deposit / Withdrawal.
4.1. WITHDRAWING FUNDS FROM A CUSTOMER TRADING ACCOUNT.
The Client can withdraw money from his/her account to payment systems to which withdrawal in traders cabinet is possible. Using electronic payment systems, withdrawal is possible to be processed only to the same payment system with the same account details (currency, account number) which deposit was made. In case a trading account is replenished from numerous payment systems, using several wallets and in different currencies, withdrawal must be requested on the proportional basis. If for whatever reason a client changed his/her details within the payment system, he/she is obliged to notify the Company by sending email with attachment of scanned copy of ID to the Finance department of the Company. Otherwise, the Company reserves the right to decline client’s request made using another details. Withdrawal is processed at the stated time which is particular for every payment system; however, in some cases the time constraints may be increased up to 5 working days except for the cases designated in the clause 9.1.4. of the present Agreement.
4.2. DEPOSITING FUNDS TO THE CLIENT’S TRADING ACCOUNT CAN BE DONE BY ANY METHOD AVAILABLE AT COMPANY’S WEBSITE.
The client agrees that in case of any error in the software, delays in depositing funds to the trading account are possible. The company is obliged to enter a sum to the Client’s trading account in case of detection of any error in software, that lead to the delay in automatic funds depositing, if the Client informs about the delay.
4.3. THE ANTI MONEY-LAUNDERING POLICY SHALL TAKE PRIORITY ENFORCEMENT OVER DEPOSIT AND WITHDRAWAL ACTIVITIES.
5. Order of Business, Claims and Contentious Case Adjustment.
When contentious cases occur, the Client is entitled to file a claim with the Company. Claims are accepted within two working days from the date the problem occurs. The claim should be in the form of an electronic mail (e-mail) and sent to the Finance Department: finance@fxcitizenClaims submitted in other ways will not be taken into account. The Client claim will take no longer than 10 working days to be settled by the Company: If the Client’s claim is considered fair, the Company will accept it and deposit funds in the Client’s trading account within one working day. FxCitizen follows generally accepted market practices and internal policy for those claims that are not mentioned in the present Agreement. The Client’s claim form should have: Full name; Account number; Date and time contentious case occurred; Contentious case ticker or order; Description of claim, leaving out emotions. The company reserves the right to dismiss a claim in the following cases: the claim does not comply with the terms of points 5.1, 5.2, and 5.4. ; the claim is marked with obscene words or/and insults to the Company or its officials; the claim contains the threats to the Company or its officials; the customer threatens to stain the reputation of the Company using social networks and other community resources. The Company keeps the right of reconsidering the results of deals of the Client in case of detection errors in server, which leads to the quotation delay or to giving out non-market quotations. The Company guarantees that any deal of the Client carried out by non-market quotation (spike) will be restored just after detection of the fact of erroneous performance which is above 6 pips difference referred to the market average price. In case there is a complete lock positions, including the system with the triple lock and others, despite the presence of the complete lock of all position at the account, the total swap on the lock positions is not equal to zero. The Company and a Client are obliged to correct the swap, because with the absence of the non-lock share of the position, the total swap can be neither positive nor negative. The Agreement forbids the use of strategies oriented on the profit extraction by means of intentionally creating the situations whereby one of the client’s or a group of clients account turns to negative balance, including the situation when the accounts are opened in the name of different persons, invariably being the part of one trading strategy. In case of revealing the implementation of such trading strategies, the Company reserves the right to cancel any profits made or transfer any balance to cover the negative balance. If at the moment of market closing, the total volume of positions opened at client’s account implies the change of total profit by more than 2% of deposit, in case the price changes by 1 pip (more than 20 lots for every 1000 USD of deposit), the Company reserves the right to correct the financial result of such deals in case the market opens with gap by the amount proportional to the size of gap in pips. In the case of extreme market volatility due to major news event, maximum Take Profit allowed for each trades is limited to 200pips and limited to total lump sum profit of 5,000USD only. Any hedging strategy (internally, using different accounts or externally) that abuses the negative balance from bonuses or price gap is totally not allowed. The Dealing Department of the Company executes its affirmative decision on a claim regarding reopening a position according to the following scheme: in case there are considerable time or price gaps from the moment of erroneous closing a position to that of opening a position, the deal can be open again at an average price which is set either for the period between the mistaken closing of a position and making a decision on its reopening or within an hour from the moment of erroneous closing a position. Reopening a position is placing a new order of the same volume as the one closed mistakenly. This rule is fully applicable to the compensation of mistakenly closed positions.
6. Confirmation of Client Identity.
The Company has the right to ask the Client to confirm the full name of his/her true identity, as stated in the trading account registration form. The Client can receive a request, at any moment, to submit a copy of an electronic passport or a notarized copy (at the Company’s discretion). If after account is opened, there is any registration information of Client (Full Name, Address, and Telephone) that has been changed, the Client is obliged to inform the Company with a request to change the information by email to account@fxcitizen In case the Client hasn’t received the request of scanned copies of documents, the verification procedure of trading account is not obligatory, but the Client can send the copy of his passport or other document which identifies his personality to the Clients’ service of the Company.
A Client agrees that information entered for registration of the trading account may be used by the Company within the bounds of the fight against money-laundering.
The goal of notifying the Client of risk information concerning financial market trading is to keep the Client informed of the potential losses which are tied to these types of risk. It’s impossible to provide all information concerning all potential risks, due to the sheer number of possible situations. Interpreting the terms in the present notification coincides with those terms described in the Terms and Conditions paragraph.
7.1. MARGIN LEVEL MAINTENANCE.
When working with trade operations in “Margin trading” terms, even the smallest instrument rate can seriously influence the Client’s trading account, due to the leverage effect. If a market moves in the opposite direction of the Client’s position, it is possible to meet the loss at the initial deposit rate or any additional resources deposited to maintain open positions. The Client is entirely responsible for the accounting risks, using financial resources, and for choosing a sufficient sales strategy. It is highly recommended to maintain the Margin Level at 500% and to always set Stop Loss orders to hedge possible losses.
7.2. VOLATILITY OF HIGH INSTRUMENTS.
A large variety of instruments have significant daily price change ranges, which means they have a high probability of earning profits and losses in trading operations.
The Client assumes financial loss risks because of informative, communicative, electrical and other types of failure. When performing trade operations with the help of the Client terminal, the Client assumes financial loss risks that may arise later, such as: Hardware, software bugs and poor connection quality on the Client’s side Client’s improper use of equipment; Incorrect installation of specific settings in the Client’s terminal; Usage of outdated software version; Client’s lack of knowledge, and lack of time to understand the instructions provided in the “Client’s terminal User Guide” and also in “FAQ: Frequently Asked Questions”.
7.4. MARKET CONDITIONS THAT DIFFER FROM NORMAL CONDITIONS.
The Client admits that when market conditions differ from normal conditions, the amount of time needed to process the orders may increase.
The Client assumes that a request/order queue is processed by the server one by one, whether it is a request or an order. Any attempt to send a new request or order will be declined. Along with this procedure, the order window should also display the message “Trade flow is busy”. The Client admits that the only reliable information source for quoting is the main server that deals with real Clients. The Client terminal quoting bases cannot be relied upon, because the Client terminal is unstable and the server connection and part of the quote may be lost when disconnection occurs; the quote may never reach the Client’s terminal and therefore cannot provide reliable quoting information. The Client assumes that the action of closing placement/modification/cancelation order windows or of closing opening/closing position windows do not cancel a request or an order that has already reached the Dealer for processing. The Client assumes the risk, when performing unplanned trading operations, especially in the case of resending an order before receiving the result of the previous order from the dealer. The Client admits that simultaneous modification of the pending order level and Stop-Loss and/or Take-Profit, which were added right after the order had been executed, will only be processed when a Stop-Loss and/or Take-Profit level order is modified for the opened position of the order.
The Client assumes the risk of all financial losses caused by a delay in the dealer’s and/or server’s message or in the case that it was not received. The Client admits that any information that has not been encrypted and sent via e-mail is not secure from unauthorized access. The Client agrees that the dealer has the right to delete messages that have not been received by a Client through the internal client e-mail terminal within three calendar days from the moment the message was sent. The Client is responsible for keeping confidential information, which he/she receives from dealer. The Client also assumes risk of any financial losses that may be caused by unauthorized access of third-parties to the client’s trading account.
7.7. RISKS CONNECTED WITH ACTIVITY OF THIRD PARTIES WHICH COLLABORATE IN THE RELATIONS BETWEEN THE COMPANY AND A CLIENT.
Client accepts risks which are connected to disestablishment of payment systems. In case any electronic payment system abolished, the Company writes off the funds which were deposited using that payment system, from the Client’s trading account. Client accept risks which are connected to incorrect bank details’ entering while making wire transfer request and agrees that it can lead to the refund, charge of repeated commission, and other risks connected with refund and repeated wire transfer. Client accepts any risks connected with unauthorized usage of his/her personnel data for payment system access and also connected with usage of credit cards by the people who dispose sufficient data for it which was caused by the client’s carelessness.
8. Company-Client Communication.
In order for the Company to be able to reach the Client, the following options may be used: Trading platform internal mail; Electronic mail; Fax; Phone; Posting; “Company News” announcement section on the Company Website.
The Company will operate with the information the Client provided when the account was opened. For that matter, the Client is obliged to notify the Company when any contact information changes.
9. Responsibilities.
The Client secures the following: Is liable for the confidentiality of the login and passwords; Agrees to be fully accountable for all actions that result from login and using the password; Agrees to be fully accountable for all actions including financial market deals; Assumes that Company may record verbal and telephone negotiations with the Client, in order to confirm them. The Company guarantees that all information provided by the Client in terms of registration is confidential and secure. In the case of disclosure, all violation will be handled according to the present Agreement. The Client agrees that the Company or any third-party involved in providing Services to the Client, have no responsibility over any telephone or Internet error, work regulation, revising or any other occurrence and the circumstances that do not depend on the Company or the information resource provider or any other third-party involved in a providing a service to the Client. Client agrees that in case the Company has every reason to suppose that trading account of a client is used for money laundering or client conceals or provides false registration data; in case the Company has every reason to suppose that all trading operations were executed with breach of the agreement, the Company reserves the right to stop all the operations in the trading account of the client for inspection (registration data verification, identification of the client, history of deposited funds check, etc.) until circumstances are clarified.
10. Termination of Agreement.
The present Agreement enters into effect when the Client signs it. The present Agreement can be terminated if: One of the two parties informs the other party of its willingness to terminate the present Agreement: – In the case that all money resources have been withdrawn from Client’s account, which terminates the present Agreement – In the case the Client should violate the terms or conditions of the present Agreement, the Company has the right to terminate the Agreement unilaterally, informing the Client of the reason for termination and returning the Client’s money at the moment of termination. If the Company terminates activity regulated by the present Agreement – The Company gives the Client 1 month’s notice prior to termination – The Company refunds the Client’s remaining balance from the trading account, present at the moment of termination In the case of Client’s death: – – The right to withdraw money from the Client’s accounts is inherited by relatives, in compliance with the line or will. – Use of the Client’s trading account and financial market operation right cannot be inherited. The Client assumes that the Company keeps the right to pause or completely/partially limit the Client’s access to Company Services without prior notice should the Client’s trading account finances become insufficient. In this case, the present Agreement is considered to be terminated the moment Client’s services are terminated.
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FxCitizen é um nome comercial forex do Universe Citizen Limited, que é regulamentado pela Comissão de Serviços Financeiros da República da Vanuatu com o número de licença 14784.
Aviso de investimento de alto risco: o FOREX de negociação na margem possui um alto nível de risco e pode não ser adequado para todos os investidores devido ao alto grau de alavancagem que irá funcionar contra você, bem como para você. Antes de decidir trocar FOREX, você deve considerar cuidadosamente seus objetivos de investimento, nível de experiência e apetite de risco. A possibilidade existe é que você irá sustentar a perda de algum ou todo seu investimento inicial e, portanto, você não deve investir o dinheiro que não pode perder. Você deve estar ciente dos riscos que estão associados à negociação FOREX e, gentilmente, procurar aconselhamento de um consultor financeiro independente se tiver dúvidas.
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