Common use of Claims and Complaints Clause in Contracts

Claims and Complaints. 11.1. If the Client has any complaint about NordFX’s performance under this Agreement, the Client should direct that complaint to NordFX’s Customer Support, who will investigate the nature of the complaint and try to resolve it. 11.2. Any claim or complaint must be submitted to NordFX within the following timeframes: a. If a dispute giving rise to the claim or complaint relates to a trading transaction, then within three (3) business days after the dispute arose; b. If a dispute relates to a non-trading transaction or other matters, then within twenty (20) business days after the dispute arose c. In the event that the Client has failed to submit his claim or complaint within the time frame specified above, the claim or complaint shall not be accepted by NordFX and the Client’s right to claim or complaint shall be waived. 11.3. Any claim or complaint should contain the following information: a) the Client’s name and surname; b) the Client’s trading platform login number; c) details of the dispute giving rise to the claim or complaint 11.4. A claim in respect of trading transactions should also specify: a) when the problem occurred: the date and time shall be those of the trading platform; b) ticker tape of the disputable position or the pending order; 11.5. A Claim should be: a) emotionally neutral; and b) free of insulting, offensive and abusive words and expressions towards NordFX and/or its employees c) free of obscene words and profanity 11.6. A claim or complaint may not be accepted by NordFX if any of the provisions contained in paragraphs 11.2, 11.3, 11.4, 11.5 and 11.8 herein have not been complied with. 11.7. If accepted, a claim or complaint will be reviewed and decided upon by NordFX within the shortest time possible. 11.8. Where additional information and/or documents may be required of the Client, the time for claim review shall commence on the day when NordFX has received all the information and/or documents requested. 11.9. The Client acknowledges and accepts that where a claim relates to a trading transaction, the server log file shall be the sole source of information and evidence and shall prevail over any other evidence including, without limitation, information contained in the Client’s terminal logfile. 11.10. Where any Client’s order has not been executed by NordFX in view of the server maintenance works, of which the Client has been informed in advance, claims in respect of such orders shall not be accepted by NordFX. 11.11. If agreed and decided in Client’s favour, the claim shall be settled by way of compensation, payable to the Client’s trading account, within one business day. NordFX shall not compensate the Client for loss of profit, indirect damages or any other loss. 11.12. In all cases, when deciding on a claim, NordFX shall be relying on its internal policies and procedures and be guided by the principles of general market practice (in particular, NordFX may refer to quotes, prices, rates and other information of any other broker or market-maker for comparison purposes)

Appears in 4 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Claims and Complaints. 11.1. If the Client has any complaint about NordFX’s performance under this Agreement, the Client should direct that complaint to NordFX’s Customer Support, who will investigate the nature of the complaint and try to resolve it. 11.2. Any claim or complaint must be submitted to NordFX within the following timeframes: a. If a dispute giving rise to the claim or complaint relates to a trading transaction, then within three (3) business days after the dispute arose; b. If a dispute relates to a non-trading transaction or other matters, then within twenty (20) business days after the dispute arose c. In the event that the Client has failed to submit his claim or complaint within the time frame specified above, the claim or complaint shall not be accepted by NordFX and the Client’s right to claim or complaint shall be waived. 11.3. Any claim or complaint should contain the following information: a) the Client’s name and surname; b) the Client’s trading platform login number; c) details of the dispute giving rise to the claim or complaint 11.4. A claim in respect of trading transactions should also specify: a) when the problem occurred: the date and time shall be those of the trading platform; b) ticker tape of the disputable position or the pending order; 11.5. A Claim should be: a) emotionally neutral; and b) free of insulting, offensive and abusive words and expressions towards NordFX and/or its employees c) free of obscene words and profanity 11.6. A claim or complaint may not be accepted by NordFX if any of the provisions contained in paragraphs 11.2, 11.3, 11.4, 11.5 and 11.8 herein have not been complied with. 11.7. If accepted, a claim or complaint will be reviewed and decided upon by NordFX within the shortest time possible. 11.8. Where additional information and/or documents may be required of the Client, the time for claim review shall commence on the day when NordFX has received all the information and/or documents requested. 11.9. The Client acknowledges and accepts that where a claim relates to a trading transaction, the server log file shall be the sole source of information and evidence and shall prevail over any other evidence including, without limitation, information contained in the Client’s terminal logfilelog file. 11.10. Where any Client’s order has not been executed by NordFX in view of the server maintenance works, of which the Client has been informed in advance, claims in respect of such orders shall not be accepted by NordFX. 11.11. If agreed and decided in Client’s favour, the claim shall be settled by way of compensation, payable to the Client’s trading account, within one business day. NordFX shall not compensate the Client for loss of profit, indirect damages or any other loss. 11.12. In all cases, when deciding on a claim, NordFX shall be relying on its internal policies and procedures and be guided by the principles of general market practice (in particular, NordFX may refer to quotes, prices, rates and other information of any other broker or market-market- maker for comparison purposes)

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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