Common use of CLIENT ACKNOWLEDGEMENTS Clause in Contracts

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) Xxxxxxx will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that Xxxxxxx’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) Xxxxxxx will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that Xxxxxxx’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price re−price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade You are a wholesale client as defined under sections 761G and/or 761GA of the Corporations Act 2001 (Cth); (b) The information relied upon by Xxxxxxx in making the wholesale client assessment that you have provided is complete and accurate and will remain so for the duration of this Agreement; (c) You understand that you have an obligation to inform Xxxxxxx as soon as practicable if any of the information or factors relied upon by Xxxxxxx in making the wholesale client assessment changes; (d) Xxxxxxx utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (be) Open contracts shall remain open indefinitely until such date as they are closed; (cf) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (dg) Xxxxxxx Mitrade will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (eh) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (fi) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that Xxxxxxx’s directors, employees and associates may and can deal on their own account; (gj) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (hk) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (il) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (jm) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (kn) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) Xxxxxxx will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that XxxxxxxMitrade’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price re−price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.

CLIENT ACKNOWLEDGEMENTS. (1) You 4.1. You, the Client, acknowledge and con- firm to Mitrade thatus for our benefit in relying on the following: (a) Mitrade utilises the execution you (or, if a corporate entity, your directors) have read and settlement services of an appropriately licensed third party under- stood all documentation pro- vided to you by us including this Agreement and any other dis- closure documents in order relation to hedge against its exposure any Financial Products which you request FinPros to make availa- ble to you in relation to your positionsAc- count; (b) Open contracts shall remain open indefinitely until such date as they are closedyou agree to be bound by this Agreement; (c) Mitrade shall be entitled all dealings in Financial Products and the performance by us of our obligations under this Agree- ment are subject to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Applica- ble Laws, Rules and all other applicable laws and regulatory decisionsand/or Regula- tions; (d) Xxxxxxx FinPros relies on your represen- tation that at all times you will be able to make payments and fulfil all commitments on your part arising under this Agreement and under the conditions appli- cable to dealings between you and FinPros; e) that trading in Transactions in- curs a risk of loss as well as a po- tential for profit; f) that dealing in the Contracts is highly speculative and you may lose more than your Initial Mar- gin, Variation Margin and other payments you make to us; g) it is your obligation to continu- ously monitor your Account and ensure that it constantly has suf- ficient Margin Cover; h) you will indemnify and keep in- demnified us and each of its re- lated bodies corporate and their respective directors, officers, employees and agents from and against all sums of money, ac- tions, proceedings, suits, Claims, complaints, Loss, demands, damages, costs, expenses and any other amounts whatever claimed against any of them; i) FinPros is not required to act as principal in respect accordance with your instruc- tions if in our opinion to do so would or could constitute a breach by us or our agent or hedge counterparty or any other Applicable Laws, Rules and/or Regulations; j) if errors have occurred in the pricing of Transactions quoted by us to the Client, we may choose not to be bound by such Transactions (without further lia- bility to the Client) if we believe that there was a Manifest Error at the time of the Transaction; k) Financial Products traded on the Electronic Trading Service will not be settled by Mitrade regardless the physical or de- liverable settlement of whether Mitrade is acting the Un- derlying Instrument. Depending on Client instructions the Financial Product, they are generally rolled or not“swapped” in- definitely until Closed Out; - electronic trading service l) an Open Position must remain open for the minimum period of time as determined by us and cannot be Closed Out by you during this period; (em) the English version of this Agree- ment prevails over any other translated version of this Agree- ment; and n) You agree with the deposit and withdrawal terms set out in our ‘Deposits and Withdrawals Pol- icy’. 4.2. You acknowledge and authorize us to record any or all incoming and out- going phone calls with you without making a disclosure to you, every time you speak with a representative of FinPros. These calls may be recorded with or without an audible tone. You agree that we may use such recordings for the purposes of monitoring and training its staff, monitoring compli- ance with you and our respective regu- latory and contractual obligations and resolving disputes. If there is a dispute between you, and us you have been made specifically aware the right to listen to any recording of those con- versations (if still available). Nothing in this Agreement obliges us to keep a re- cording or to notify you that Mitrade acts as we have eliminated a market maker involved in both recording. 4.3. Recordings may be used to assess the dealing in performance of or to train our repre- sentatives, monitoring compliance with our respective regulatory and contrac- tual obligations and resolving disputes. 4.4. You agree to examine the pricing terms of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements each Confirmation immediately upon receipt and the Staff Personal Trading Policy, you agree and acknowledge that Xxxxxxx’s directorsthe contents of a Confirmation, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest errorMani- fest Error, will be conclusive evidence of the executed Transaction, unless within forty-eight (48) hours of issue of a writ- ten Confirmation you notify us of any disputed detail in the Confirmation re- ceived by you. 4.5. Complaints (which do not include dis- puted details) must be referred to us in accordance with our policies and pro- cedures from time to time for dispute resolution. Unresolved complaints can be referred to the Financial Services Au- thority of Seychelles (FSA) at PO Box 000, Xxxx xx Xxxx Xxxxxx, Xxxxx Xxxxxx, Xxxxxxxx, Xxxx, Xxxxxxxx xx Xxxxxxxxxx. 4.6. All representations, warranties and ac- knowledgments given by you under this Agreement are taken to have been made at the time you complete the Ap- plication Form and are taken to have been repeated by you: a) each time you place an Order with us; (jb) all calculations made by Mitrade under this Client Agreement will be binding on each time you in the absence of manifest errorenter into a Trans- action with us; and (kc) Mitrade may each time we do anything or re- xxxxx from doing something un- der this Agreement or as con- templated by this Agreement in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of connection with your open margin trades and/or suspend or modify the application of all Account or any of the terms, including but not limited to, altering the last time for trading a particular margin tradeTransaction.

CLIENT ACKNOWLEDGEMENTS. (1) You acknowledge to Mitrade that: (a) Mitrade utilises the execution and settlement services of an appropriately licensed third party in order to hedge against its exposure to your positions; (b) Open contracts shall remain open indefinitely until such date as they are closed; (c) Mitrade shall be entitled to take any action it considers necessary in its absolute discretion to ensure compliance with the Operating Rules and all other applicable laws and regulatory decisions; (d) Xxxxxxx Mitrade will act as principal in respect of the Financial Products traded by Mitrade regardless of whether Mitrade is acting on Client instructions or not; (e) you have been made specifically aware that Mitrade acts as a market maker involved in both the dealing in and the pricing of its own Financial Products, which may result in actual or potential conflicts of interest; (f) subject to applicable legal/regulatory requirements and the Staff Personal Trading Policy, you agree and acknowledge that XxxxxxxMitrade’s directors, employees and associates may and can deal on their own account; (g) you have no rights, whether by way of subrogation or otherwise, against any agent, representative, partner, associate, officer, etc of Mitrade; (h) in the course of hedging against client transactions, any benefit or right obtained by Mitrade against its hedge counterparty is personal to Mitrade and such benefit or right shall not pass to you; (i) a notice issued by an authorised officer or agent of Mitrade stating the amount of money due and payable by you shall be taken as final evidence thereof in the absence of manifest error; (j) all calculations made by Mitrade under this Client Agreement will be binding on you in the absence of manifest error; and (k) Mitrade may in its absolute discretion increase its Margin Requirements, re-price positions, alter its spreads, close any or all of your open margin trades and/or suspend or modify the application of all or any of the terms, including but not limited to, altering the last time for trading a particular margin trade.