Common use of Amendment and Termination of the Agreement Clause in Contracts

Amendment and Termination of the Agreement. 12.1. The present Agreement between the Company and the Client becomes effective from the date of opening Personal Area by the Client in the Company and shall remain effective within the uncertain term. 12.2. The Company has the right to unilaterally change and add this Agreement with the necessary notification of the Client about it. Any changes and additions hereto shall become effective on the following calendar day after notification the Client about it, unless otherwise is set forth within the content of such changes and additions or within the content of the notice thereof. Conduction of any trade or non-trading operation by the Client means unconditional acceptance of this Agreement by the Client. 12.3. Each Party has the right to refuse unilaterally performance of the present Agreement with the notification of other Party not less than fifteen calendar days prior to the supposed date. 12.4. In case the Client does not perform any transactions on his/her trading account within ninety or more consecutive calendar days, the Company has the right to block such Client’s account. Accounts blocked in this way shall be transferred to archive and the Client will not be able to authorize using credentials of such trading account against the trading platform. In order to unblock trading account the Client shall contact helpdesk of the Company within ten days after it has been blocked, after that the account will be unblocked within three working days. Trading accounts that have remained dormant within one hundred or more consecutive calendar days and having remains of funds under 10 (ten) USD or an equivalent in account currency can be removed by Company without a possibility of recovery. 12.5. In case of breach by the Client of terms of the present Agreement, and in cases set forth by legislation rules, the Company has the right to immediately and unilaterally terminate this Agreement. In this case, if the Client has some open positions at the moment of termination of the Agreement, the Company has the right to close such positions at current market price. Company shall recover the funds remaining on Client’s account to Client or his/her duly authorized representative, but these funds shall not exceed net receipt of funds (the amount of all deposit with deduction of all withdrawals) on accounts of Client. Upon that, Company shall debit remains of funds on Client's account and won't recover these funds further. 12.6. The Client agrees that the Company has the right at its own discretion to suspend or deny fully or partially Client’s access to Company’s services with further notification of the Client about it. In this case effect of this Agreement shall be deemed suspended or it shall be deemed terminated from the moment of such suspending and/or cessation of service rendering for the Client. 12.7. The Company has the right without Client’s consent to transfer rights and obligations hereunder and under appendixes hereto fully or partially to a third party provided that such legal successor agrees with the terms and conditions of this Agreement and appendixes hereto. The Client shall be notified by the Company in writing about such transfer of rights and obligations not less than fifteen calendar days before such transfer. 12.8. In case of cessation by the Company of performance regulated by this Agreement the Company shall inform the Client about such cessation not later than one month before. All money on the trading account of the Client shall be returned to him/her after closing of all open positions. 12.9. In case of Client’s death (an individual) the right to request money withdrawal from the trading account of the Client shall transfer to the successors of corresponding priority or heir by will. In this case the right to use trading account of the Client and the right to perform trading transactions in exchange markets is not inherited. 12.10. Cessation of the present Agreement does not cancel obligations of the Parties before each other that occurred earlier out of this Agreement including any obligations regarding open positions, transactions for withdrawal/crediting of money to the trading account of the Client. 12.11. In the event that any provisions of this Agreement shall be determined null and void by a court of competent jurisdiction, this provision is to be regarded as an independent part of this Agreement, and will not affect legal effect of other parts of this Agreement.

Appears in 6 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Amendment and Termination of the Agreement. 12.1. The present Agreement between the Company Companies and the Client becomes effective from the date of opening Personal Area by the Client in the Company and shall remain effective within the uncertain term. 12.2. The Company has Companies have the right to unilaterally change and add this Agreement with the necessary notification of the Client about it. Any changes and additions hereto shall become effective on the following calendar day after notification the Client about it, unless otherwise is set forth within the content of such changes and additions or within the content of the notice thereof. Conduction of any trade or non-trading operation by the Client means unconditional acceptance of this Agreement by the Client. 12.3. Each Party has the right to refuse unilaterally performance of the present Agreement with the notification of other Party not less than fifteen calendar days prior to the supposed date. 12.4. In case the Client does not perform any transactions on his/her trading account within ninety or more consecutive calendar days, the Company Companies has the right to block such Client’s account. Accounts blocked in this way shall be transferred to archive and the Client will not be able to authorize using credentials of such trading account against the trading platform. In order to unblock trading account the Client shall contact helpdesk of the Company the. Appointed Independent Representative within ten days after it has been blocked, after that the account will be unblocked within three working days. Trading accounts that have remained dormant within one hundred or more consecutive calendar days and having remains of funds under 10 (ten) USD or an equivalent in account currency can be removed by Company and Licensed Company without a possibility of recovery. 12.5. In case of breach by the Client of terms of the present Agreement, and in cases set forth by legislation rules, the Company has Companies have the right to immediately and unilaterally terminate this Agreement. In this case, if the Client has some open positions at the moment of termination of the Agreement, the Company and Licensed Company has the right to close such positions at current market price. Company and Licensed Company shall recover the funds remaining on Client’s account to Client or his/her duly authorized representative, but these funds shall not exceed net receipt of funds (the amount of all deposit with deduction of all withdrawals) on accounts of Client. Upon that, Company and Licensed Company shall debit remains of funds on Client's account and won't recover these funds further. 12.6. The Client agrees that the Company Companies has the right at its own discretion to suspend or deny fully or partially Client’s access to Company’s the services with further notification of the Client about it. In this case effect of this Agreement shall be deemed suspended or it shall be deemed terminated from the moment of such suspending and/or cessation of service rendering for the Client. 12.7. The Company has Companies have the right without Client’s consent to transfer rights and obligations hereunder and under appendixes hereto fully or partially to a third party provided that such legal successor agrees with the terms and conditions of this Agreement and appendixes hereto. The Client shall be notified by the Company Appointed Independent Representative in writing about such transfer of rights and obligations not less than fifteen calendar days before such transfer. 12.8. In case of cessation by the Company Companies of performance regulated by this Agreement the Company Companies shall inform the Client about such cessation not later than one month before. All money on the trading account of the Client shall be returned to him/her after closing of all open positions. 12.9. In case of Client’s death (an individual) the right to request money withdrawal from the trading account of the Client shall transfer to the successors of corresponding priority or heir by will. In this case the right to use trading account of the Client and the right to perform trading transactions in exchange markets is not inherited. 12.10. Cessation of the present Agreement does not cancel obligations of the Parties before each other that occurred earlier out of this Agreement including any obligations regarding open positions, transactions for withdrawal/crediting of money to the trading account of the Client. 12.11. In the event that any provisions of this Agreement shall be determined null and void by a court of competent jurisdiction, this provision is to be regarded as an independent part of this Agreement, and will not affect legal effect of other parts of this Agreement.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

Amendment and Termination of the Agreement. 12.111.1. The present Agreement between the Company and the Client becomes effective from the date of opening Personal Area by the Client in the Company and shall remain effective within the uncertain term. 12.211.2. The Company has the right to unilaterally change and add this Agreement with the necessary notification of the Client about it. Any changes and additions hereto shall become effective on the following calendar day after notification the Client about it, unless otherwise is set forth within the content of such changes and additions or within the content of the notice thereof. Conduction of any trade or non-trading operation by the Client means unconditional acceptance of this Agreement by the Client. 12.311.3. Each Party has the right to refuse unilaterally performance of the present Agreement with the notification of other Party not less than fifteen calendar days prior to the supposed date. 12.411.4. In case the Client does not perform any transactions on his/her trading account within ninety or more consecutive calendar days, the Company has the right to block such Client’s account. Accounts blocked in this way shall be transferred to archive and the Client will not be able to authorize using credentials of such trading account against the trading platform. In order to unblock trading account the Client shall contact helpdesk of the Company within ten days after it has been blocked, after that the account will be unblocked within three working days. Trading accounts that have remained dormant within one hundred or more consecutive calendar days and having remains of funds under 10 (ten) USD or an equivalent in account currency can be removed by Company without a possibility of recovery. 12.511.5. In case of breach by the Client of terms of the present Agreement, and in cases set forth by legislation rules, the Company has the right to immediately and unilaterally terminate this Agreement. In this case, if the Client has some open positions at the moment of termination of the Agreement, the Company has the right to close such positions at current market price. Company shall recover the funds remaining on Client’s account to Client or his/her duly authorized representative, but these funds shall not exceed net receipt of funds (the amount of all deposit with deduction of all withdrawals) on accounts of Client. Upon that, Company shall debit remains of funds on Client's account and won't recover these funds further. 12.611.6. The Client agrees that the Company has the right at its own discretion to suspend or deny fully or partially Client’s access to Company’s services with further notification of the Client about it. In this case effect of this Agreement shall be deemed suspended or it shall be deemed terminated from the moment of such suspending and/or cessation of service rendering for the Client. 12.711.7. The Company has the right without Client’s consent to transfer rights and obligations hereunder and under appendixes hereto fully or partially to a third party provided that such legal successor agrees with the terms and conditions of this Agreement and appendixes hereto. The Client shall be notified by the Company in writing about such transfer of rights and obligations not less than fifteen calendar days before such transfer. 12.811.8. In case of cessation by the Company of performance regulated by this Agreement the Company shall inform the Client about such cessation not later than one month before. All money on the trading account of the Client shall be returned to him/her after closing of all open positions. 12.911.9. In case of Client’s death (an individual) the right to request money withdrawal from the trading account of the Client shall transfer to the successors of corresponding priority or heir by will. In this case the right to use trading account of the Client and the right to perform trading transactions in exchange markets is not inherited. 12.1011.10. Cessation of the present Agreement does not cancel obligations of the Parties before each other that occurred earlier out of this Agreement including any obligations regarding open positions, transactions for withdrawal/crediting of money to the trading account of the Client. 12.1111.11. In the event that any provisions of this Agreement shall be determined null and void by a court of competent jurisdiction, this provision is to be regarded as an independent part of this Agreement, and will not affect legal effect of other parts of this Agreement.

Appears in 1 contract

Samples: Client Agreement

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Amendment and Termination of the Agreement. 12.1. The present Agreement between the Company and the Client becomes effective from the date of opening Personal Area by the Client in the Company and shall remain effective within the uncertain term. 12.2. The Company has the right to unilaterally change and add this Agreement with the necessary notification of the Client about it. Any changes and additions hereto shall become effective on the following calendar day after notification the Client about it, unless otherwise is set forth within the content of such changes and additions or within the content of the notice thereof. Conduction of any trade or non-trading operation by the Client means unconditional acceptance of this Agreement by the Client. 12.3. Each Party has the right to refuse unilaterally performance of the present Agreement with the notification of other Party not less than fifteen calendar days prior to the supposed date. 12.4. In case the Client does not perform any transactions on his/her trading account within ninety or more consecutive calendar days, the Company has the right to block such Client’s account. Accounts blocked in this way shall be transferred to archive and the Client will not be able to authorize using credentials of such trading account against the trading platform. In order to unblock trading account the Client shall contact helpdesk of the Company within ten days after it has been blocked, after that the account will be unblocked within three working days. Trading accounts that have remained dormant within one hundred or more consecutive calendar days and having remains of funds under 10 (ten) USD or an equivalent in account currency can be removed by Company without a possibility of recovery. 12.5. In case of breach by the Client of terms of the present Agreement, and in cases set forth by legislation rules, the Company has the right to immediately and unilaterally terminate this Agreement. In this case, if the Client has some open positions at the moment of termination of the Agreement, the Company has the right to close such positions at current market price. Company shall recover the funds remaining on Client’s account to Client or his/her duly authorized representative, but these funds shall not exceed net receipt of funds (the amount of all deposit with deduction of all withdrawals) on accounts of Client. Upon that, Company shall debit remains of funds on Client's account and won't recover these funds further. 12.6. The Client agrees that the Company has the right at its own discretion to suspend or deny fully or partially Client’s access to Company’s services with further notification of the Client about it. In this case effect of this Agreement shall be deemed suspended or it shall be deemed terminated from the moment of such suspending and/or cessation of service rendering for the Client. 12.7. The Company has the right without Client’s consent to transfer rights and obligations hereunder and under appendixes hereto fully or partially to a third party provided that such legal successor agrees with the terms and conditions of this Agreement and appendixes hereto. The Client shall be notified by the Company in writing about such transfer of rights and obligations not less than fifteen calendar days before such transfer. 12.8. In case of cessation by the Company of performance regulated by this Agreement the Company shall inform the Client about such cessation not later than one month before. All money on the trading account of the Client shall be returned to him/her after closing of all open positions.. n r 12.9. In case of Client’s death (an individuali dividual) the right to request money withdrawal from the trading account of the Client shall transfer to the successors of corresponding priority or heir by will. In this case the right to use trading account of the Client and the right to perform trading transactions in exchange markets is not inherited. 12.10. Cessation of the present Agreement does not cancel obligations of the Parties before each other that occurred earlier out of this Agreement Ag eement including any obligations regarding open positions, transactions for withdrawal/crediting of money to the trading account of the Client. 12.11. In the event that any provisions of this Agreement shall be determined null and void by a court of competent jurisdiction, this provision is to be regarded as an independent part of this Agreement, and will not affect legal effect of other parts of this Agreement.

Appears in 1 contract

Samples: Client Agreement

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