Common use of Client Categorization Clause in Contracts

Client Categorization. 14.1 Following the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in accordance with the Investment Activities, the Operation of Regulated Markets and Other Related Matters Law of 2017, Law 87(I)/2017, as subsequently amended or replaced from time to time, the Company is required to categorize its Clients into one of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a Retail Client in accordance with applicable legislation, as amended from time to time. 14.3 To request a change in Client Categorization, you will need to inform us in writing, notifying us about your request to be treated as a Professional Client, either generally or in respect of a particular investment service or transaction, or a type of transaction or product. Our Online Trading Facility is intended for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Professional Users and only for the purpose of, and subject to these Terms. You represent and warrant to us of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification. 14.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulations. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 3 contracts

Samples: Terms & Conditions of Use, Terms and Conditions of Use, Terms and Conditions of Use

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Client Categorization. 14.1 Following the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in accordance with the Investment Activities, the Operation of Regulated Markets and Other Related Matters Law of 2017, Law 87(I)/2017, as subsequently amended or replaced from time to time, the Company is required to categorize its Clients into one of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a Retail Client in accordance with applicable legislation, as amended from time to time. 14.3 To request a change in Client Categorization, you will need to inform us in writing, notifying us about your request to be treated as a Professional Client, either generally or in respect of a particular investment service or transaction, or a type of transaction or product. Our Online Trading Facility is intended for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Non-Professional Users and only for the purpose of, and subject to these Terms. You represent and warrant to us of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification. 14.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulationswebsite. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 2 contracts

Samples: Terms and Conditions of Use, Terms and Conditions of Use

Client Categorization. 14.1 9.1 Following the implementation of the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in accordance with the Investment Activities, the Operation of Services and Activities and Regulated Markets and Other Related Matters Law of 2017, 2007 (Law 87(I)/2017, as subsequently amended or replaced from time to time144(I)/2007) in Cyprus, the Company is required to categorize its Clients into one of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 9.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a Retail Client in accordance with applicable legislation, as amended from time to time. 14.3 9.3 To request a change in Client Categorization, you will need to inform us in writing, notifying us about your request to be treated as a Professional Client, either generally or in respect of a particular investment service or transaction, or a type of transaction or product. Our Online Trading Facility is intended only for your personal, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Non-Professional Users and only for the purpose of, and subject to these Terms. You represent and warrant to us of the date of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justification. 14.4 9.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 9.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 9.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulationswebsite. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 1 contract

Samples: Terms and Conditions of Use

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Client Categorization. 14.1 Following This section shall be read in conjunction with our Client Categorization Policy, which is uploaded onto our Website. The Client acknowledges and accepts that he has read and accepted the implementation of “Client Categorization Policy” document, provided during the Markets in Financial Instruments Directive (MiFID) in the European Union revised and implemented on the 3rd January 2018 as MIFID II and in registration process. In accordance with the Investment Activitiesprovisions of XxXXX XX, SQCM will deal with the Operation Client according to the type of Regulated Markets categorisation of the Client as a Retail Client, Professional Client or Eligible Counterparty, with respect to the information provided to us during the account opening procedure. The three categories attempt to reflect both the Clients’ level of knowledge and Other Related Matters Law experience in the financial markets as well as their ability to understand and tolerate the risks emerging from their investment decisions so as to adopt appropriate measures suiting the characteristics of 2017, Law 87(I)/2017, each category of Clients. We shall treat you as subsequently amended or replaced a retail client for the purposes of the rules and guidance issued by the CySEC from time to time, the Company is required unless we notify you that you are to categorize its Clients into one be classified as a professional client. Your client classification may be subject to change at any time upon receipt of the following three categories: Retail, Professional or Eligible Counterparty. 14.2 Unless the Company agrees otherwise in writing, the Client shall be treated as a notification from us. As a Retail Client in accordance with applicable legislationyou will be benefit from the regulatory protections afforded by Retail Clients under the Applicable Rules and Regulations, as amended from time to time. 14.3 To request a change in Client Categorizationwhich is the highest level of protection. Under certain circumstances, you may wish to be classified into a different category. In such case, we will need examine your request, which must be submitted in writing along with any documentation that is being requested. The Client has the right to inform us in writing, notifying us about your request to be treated as a Professional Client, Counterparty by following the procedure as stated in our Client Categorisation Policy. a) The Client states in writing by sending an email to the address xxxxxxxxxx_xxxx@xxxxxxxxxx.xxx and stating that he/she wish to be treated as a Professional Client either generally or in respect of to a particular investment service or transaction, transaction or a type of transaction or product. Our Online Trading Facility is intended for your personal; b) We must give the Client a clear warning of the protection and investor compensation rights he/she may lose; c) The Client has to state, non-commercial use only, unless we have expressly agreed otherwise beforehand and in writing. You agree to use the information from our Online Trading Facility (and/or from any other of our information systems) for the sole purpose of entering into and executing Transactions and/or Contracts through our Online Trading Platform. Unless we expressly agree otherwise beforehand and in writing, we are providing our Online Trading Facility only to Persons who are Non- Professional Users and only for the purpose ofin a separate document, and subject to these Terms. You represent and warrant to us that he/she is aware of the date consequences of acceptance of these Terms and Conditions and each time you access our Online Trading Facility that you are a Non-Professional User. You will notify us immediately in writing if you cease to be a Non-Professional User and acknowledge that as a result of doing so we may restrict, suspend and/or terminate your access to all or part of our Online Trading Facility, at our sole discretion, without being obliged to provide you with any explanation or justificationlosing such protections. 14.4 The type of Client Categorization will determine the level of protection afforded to the Client under applicable legislation. A Retail Client is afforded with the highest regulatory protections available. The Company will notify the Client in writing to inform him/her of his/her loss of certain regulatory protection(s) prior to agreeing to Client’s re-categorization request. 14.5 The Client Categorization Policy may be reviewed, at any time, by the Company at its own discretion. The Client shall be notified in writing by the Firm in relation to the above. 14.6 A full explanation and description of procedures applied for categorization of Clients can be found in the Client Categorization Policy which is posted on the Company’s Website. 14.7 We shall treat you as a Retail Client for the purposes of the CySEC Rules and the Applicable Regulations. You have the right to request a different method of categorization as is explained under the Client Categorization Policy found on the Company’s Website. However, if you request a different categorization and the Company agrees to such categorization, you accept that the level of protection that is afforded by CySEC Regulations and other Applicable Regulations may differ. The Company cannot enter into title transfer financial collateral arrangements with Retail Clients. Remuneration practices which could provide an incentive to the Company’s staff to recommend a particular financial instrument to a Retail Client when the Company could offer a different financial instrument which would better meet that Client’s needs are also prohibited. In the case of Professional Clients and Eligible Counterparties, the Company may agree to provide more limited information as provided by Applicable Regulations. 14.8 It is understood that we have the right to review the Client’s Categorization and change your Categorization if this is deemed necessary (subject to Applicable Regulations). You accept that when categorizing you and dealing with you, the Company will rely on the accuracy, completeness and correctness of the information provided by you in your Account Opening Application Form and the Financial Suitability Questionnaire. You have the responsibility to immediately notify us in writing if such information changes at any time thereafter. 14.9 The Client Categorization Policy forms part of Company’s Terms and Conditions of Use and is incorporated therein by reference. Therefore, by agreeing to Company’s Terms and Conditions of Use, which are a contractually binding agreement between the Client and the Firm, the Client is also agreeing to the terms of the Client Categorization Policy.

Appears in 1 contract

Samples: Client Agreement

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