Common use of CLIENTS FUNDS Clause in Contracts

CLIENTS FUNDS. 16.1. The Company will promptly place any Client money it receives into one or more segregated account(s) with reliable financial institutions (i.e. an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty) and the Client funds will be segregated from the Company's own money and cannot be used in the course of its business. 16.2. The Company may hold Client money together with money of other clients in the same account (omnibus account). 16.3. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his/her Trading Account(s) under this Agreement) and the Client waives all right to interest. 16.4. The Company may deposit Client money with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) who may have a security interest, lien or right of set-off in relation to that money. 16.5. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client's name and/or the Company's name denoted as clients account. It is understood that the Company may hold funds on behalf of the Client with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located outside the European Union or the EEA. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client's funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 16.6. The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client's money, or the third party's money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses. 16.7. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company's Website. 16.8. The Client authorizes the Company to make any deposits and withdrawals from his/her bank account to the Client's trading account and vice versa following the Client's instructions, on his behalf, provided that expressed consent took place including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person. 16.9. It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the bank account of the beneficial owner which is the Client. Fund transfer requests are processed by the Company within the time period specified on the Company's official website and the time needed for crediting into the Client's personal account will depend on the Client's bank account provider. BDSwiss Holding PLC accepts no responsibility for bank clearing. 16.10. The Company retains a right of set off and may, at its discretion, from time to time and without the Client's authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client's obligation to the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of credit facilities. 16.11. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations from his Account without closing the said Account. 16.12. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation of the Client. 16.13. It is within the Client's terms that any incurring bank fees will be paid by him in case of funds withdrawals from his trading account to his designated bank account. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank details. 16.14. The Client agrees that any amounts sent by the Client in the Bank Accounts, will be deposited to the Client's trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the Client. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor. 16.15. Xxxxxxxxxxx should be made using the same method used by the Client to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client's trading account. 16.16. In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client's trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of the Client's trading account(s). 16.17. The Client agrees to waive any of his rights to receive any interest earned in the funds held in the Bank Account where Client's funds are kept. 16.18. The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorist financing, on the payment document. It is the Company's policy not to accept payments from third parties to be credited to the Client's account. 16.19. The Company has the right to refuse a client's transferred funds in any of the following cases: (a) if the funds are transferred by a third party; (b) if the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorized person; (c) if the transfer violates Cyprus legislation; 16.20. In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the Client will suffer the relevant bank account provider charges. 16.21. Client fund transfer requests will be performed from the Company's client portal located on its official website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer. The Company accepts no responsibility for fees applied on any transaction by your financial institution. 16.22. The Client acknowledges that in case where a client's bank account is freezed for any given period and for any given reason the Company assumes no responsibility and client's funds will also be freezed. Furthermore, the client acknowledges that he has read and understood the additional information provided on each payment method available on the Company's client portal. 16.23. The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of a withdrawal order. 16.24. Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at Company's discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures and documentation from the Client. Please note that we only accept withdrawal requests of at least EUR100 per transaction or total account balance. 16.25. When choosing an account base currency other than U“D and EU‘, the Client's credit card may be debited sums which due to exchange rates and credit card companies' fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency. The Client hereby accepts that such variations may occur and the Client hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency these phenomena will be avoided.

Appears in 1 contract

Samples: Client Agreement

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CLIENTS FUNDS. 16.1. The Company will promptly place any Client money it receives into one or more segregated account(s) with reliable financial institutions (i.e. an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty) and the Client funds will be segregated from the Company's ’s own money and cannot be used in the course of its business. 16.2. The Company may hold Client money together with money of other clients in the same account (omnibus account). 16.3. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his/her Trading Account(s) under this Agreement) and the Client waives all right to interest. 16.4. The Company may deposit Client money with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) who may have a security interest, lien or right of set-off in relation to that money. 16.5. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client's ’s name and/or the Company's ’s name denoted as clients account. It is understood that the Company may hold funds on behalf of the Client with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located outside the European Union or the EEA. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client's ’s funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 16.6. The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client's ’s money, or the third party's ’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses. 16.7. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company's ’s Website. 16.8. The Client authorizes the Company to make any deposits and withdrawals from his/her bank account to the Client's ’s trading account and vice versa following the Client's ’s instructions, on his behalf, provided that expressed consent took place including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person. 16.9. It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the bank account of the beneficial owner which is the Client. Fund transfer requests are processed by the Company within the time period specified on the Company's ’s official website and the time needed for crediting into the Client's ’s personal account will depend on the Client's ’s bank account provider. BDSwiss Holding PLC accepts no responsibility for bank clearing. 16.10. The Company retains a right of set off and may, at its discretion, from time to time and without the Client's ’s authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client's ’s obligation to the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of credit facilities. 16.11. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations from his Account without closing the said Account. 16.12. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation of the Client. 16.13. It is within the Client's ’s terms that any incurring bank fees will be paid by him in case of funds withdrawals from his trading account to his designated bank account. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank details. 16.14. The Client agrees that any amounts sent by the Client in the Bank Accounts, will be deposited to the Client's ’s trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the Client. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor. 16.15. Xxxxxxxxxxx Withdrawals should be made using the same method used by the Client to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client's ’s trading account. 16.16. In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client's ’s trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of the Client's ’s trading account(s). 16.17. The Client agrees to waive any of his rights to receive any interest earned in the funds held in the Bank Account where Client's ’s funds are kept. 16.18. The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorist financing, on the payment document. It is the Company's ’s policy not to accept payments from third parties to be credited to the Client's ’s account. 16.19. The Company has the right to refuse a client's ’s transferred funds in any of the following cases: (a) if the funds are transferred by a third party; (b) if the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorized person; (c) if the transfer violates Cyprus legislation; 16.20. In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the Client will suffer the relevant bank account provider charges. 16.21. Client fund transfer requests will be performed from the Company's ’s client portal located on its official website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer. The Company accepts no responsibility for fees applied on any transaction by your financial institution. 16.22. The Client acknowledges that in case where a client's ’s bank account is freezed for any given period and for any given reason the Company assumes no responsibility and client's ’s funds will also be freezed. Furthermore, the client acknowledges that he has read and understood the additional information provided on each payment method available on the Company's ’s client portal. 16.23. The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of a withdrawal order. 16.24. Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at Company's discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures and documentation from the Client. Please note that we only accept withdrawal requests of at least EUR100 per transaction or total account balance. 16.25. When choosing an account base currency other than U“D USD and EU‘EUR, the Client's ’s credit card may be debited sums which due to exchange rates and credit card companies' fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency. The Client hereby accepts that such variations may occur and the Client hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency these phenomena will be avoided.

Appears in 1 contract

Samples: Client Agreement

CLIENTS FUNDS. 16.115.1. The Company will promptly place any Client money it receives into one or more segregated account(s) with reliable financial institutions (i.e. an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty) and the Client funds will be segregated from the Company's ’s own money and cannot be used in the course of its business. 16.215.2. The Company may hold Client money together with and the money of other clients in the same account (omnibus account). 16.315.3. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his/her Trading Account(s) under this Agreement) and the Client waives all right to interest. 16.415.4. The Company may deposit Client money with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) who may have a security interest, lien or right of set-off in relation to that money. 16.515.5. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client's ’s name and/or the Company's ’s name denoted as clients account. It is understood that the Company may hold funds on behalf of the Client with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located outside the European Union or the EEA. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client's ’s funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 16.615.6. The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client's ’s money, or the third party's ’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses. 16.7. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company's Website. 16.8. The Client authorizes the Company to make any deposits and withdrawals from his/her bank account to the Client's trading account and vice versa following the Client's instructions, on his behalf, provided that expressed consent took place including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person. 16.9. It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the bank account of the beneficial owner which is the Client. Fund transfer requests are processed by the Company within the time period specified on the Company's official website and the time needed for crediting into the Client's personal account will depend on the Client's bank account provider. BDSwiss Holding PLC accepts no responsibility for bank clearing. 16.10. The Company retains a right of set off and may, at its discretion, from time to time and without the Client's authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client's obligation to the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of credit facilities. 16.11. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations from his Account without closing the said Account. 16.12. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation of the Client. 16.13. It is within the Client's terms that any incurring bank fees will be paid by him in case of funds withdrawals from his trading account to his designated bank account. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank details. 16.14. The Client agrees that any amounts sent by the Client in the Bank Accounts, will be deposited to the Client's trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the Client. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor. 16.15. Xxxxxxxxxxx should be made using the same method used by the Client to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client's trading account. 16.16. In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client's trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of the Client's trading account(s). 16.17. The Client agrees to waive any of his rights to receive any interest earned in the funds held in the Bank Account where Client's funds are kept. 16.18. The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorist financing, on the payment document. It is the Company's policy not to accept payments from third parties to be credited to the Client's account. 16.19. The Company has the right to refuse a client's transferred funds in any of the following cases: (a) if the funds are transferred by a third party; (b) if the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorized person; (c) if the transfer violates Cyprus legislation; 16.20. In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the Client will suffer the relevant bank account provider charges. 16.21. Client fund transfer requests will be performed from the Company's client portal located on its official website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer. The Company accepts no responsibility for fees applied on any transaction by your financial institution. 16.22. The Client acknowledges that in case where a client's bank account is freezed for any given period and for any given reason the Company assumes no responsibility and client's funds will also be freezed. Furthermore, the client acknowledges that he has read and understood the additional information provided on each payment method available on the Company's client portal. 16.23. The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of a withdrawal order. 16.24. Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at Company's discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures and documentation from the Client. Please note that we only accept withdrawal requests of at least EUR100 per transaction or total account balance. 16.25. When choosing an account base currency other than U“D and EU‘, the Client's credit card may be debited sums which due to exchange rates and credit card companies' fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency. The Client hereby accepts that such variations may occur and the Client hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency these phenomena will be avoided.

Appears in 1 contract

Samples: Client Agreement

CLIENTS FUNDS. 16.115.1. The Company will promptly place any Client money it receives into one or more segregated account(s) with reliable financial institutions (i.e. an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty) and the Client funds will be segregated from the Company's ’s own money and cannot be used in the course of its business. 16.215.2. The Company may hold Client money together with and the money of other clients in the same account (omnibus account). 16.315.3. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his/her Trading Account(s) under this Agreement) and the Client waives all right to interest. 16.415.4. The Company may deposit Client money with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) who may have a security interest, lien or right of set-off in relation to that money. 16.515.5. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client's ’s name and/or the Company's ’s name denoted as clients account. It is understood that the Company may hold funds on behalf of the Client with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located outside the European Union or the EEA. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client's ’s funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 16.615.6. The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client's ’s money, or the third party's ’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses. 16.715.7. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company's ’s Website. 16.815.8. The Client authorizes the Company to make any deposits and withdrawals from his/her bank account to the Client's ’s trading account and vice versa following the Client's ’s instructions, on his behalf, provided that expressed consent took place including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person. 16.915.9. It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the bank account of the beneficial owner which is the Client. Fund transfer requests are processed by the Company within the time period specified on the Company's ’s official website and the time needed for crediting into the Client's ’s personal account will depend on the Client's ’s bank account provider. BDSwiss Holding PLC accepts no responsibility for bank clearing. 16.1015.10. The Company retains a right of set off and may, at its discretion, from time to time and without the Client's ’s authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client's ’s obligation to the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of credit facilities. 16.1115.11. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations from his Account without closing the said Account. 16.1215.12. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation of the Client. 16.1315.13. It is within the Client's ’s terms that any incurring bank fees will be paid by him in case of funds withdrawals from his trading account to his designated bank account. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank details. 16.1415.14. The Client agrees that any amounts sent by the Client in the Bank Accounts, will be deposited to the Client's ’s trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the Client. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor. 16.1515.15. Xxxxxxxxxxx Withdrawals should be made using the same method used by the Client to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client's ’s trading account. 16.1615.16. In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client's ’s trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of the Client's ’s trading account(s). 16.1715.17. The Client agrees to waive any of his rights to receive any interest earned in the funds held in the Bank Account where Client's ’s funds are kept. 16.1815.18. The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorist financing, on the payment document. It is the Company's ’s policy not to accept payments from third parties to be credited to the Client's ’s account. 16.1915.19. The Company has the right to refuse a client's ’s transferred funds in any of the following cases: (a) if the funds are transferred by a third party; (b) if the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorized person; (c) if the transfer violates Cyprus legislation; 16.2015.20. In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the Client will suffer the relevant bank account provider charges. 16.2115.21. Client fund transfer requests will be performed from the Company's ’s client portal located on its official website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer. The Company accepts no responsibility for fees applied on any transaction by your financial institution. 16.2215.22. The Client acknowledges that in case where a client's ’s bank account is freezed for any given period and for any given reason the Company assumes no responsibility and client's ’s funds will also be freezed. Furthermore, the client acknowledges that he has read and understood the additional information provided on each payment method available on the Company's ’s client portal. 16.2315.23. The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of a withdrawal order. 16.2415.24. Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at Company's discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures and documentation from the Client. Please note that we only accept withdrawal requests of at least EUR100 per transaction or total account balance. 16.2515.25. When choosing an account base currency other than U“D USD and EU‘EUR, the Client's ’s credit card may be debited sums which due to exchange rates and credit card companies' fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency. The Client hereby accepts that such variations may occur and the Client hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency these phenomena will be avoided.

Appears in 1 contract

Samples: Client Agreement

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CLIENTS FUNDS. 16.1. The Company will promptly place any Client money it receives into one or more segregated account(s) with reliable financial institutions (i.e. an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty) and the Client funds will be segregated from the Company's ’s own money and cannot be used in the course of its business. 16.2. The Company may hold Client money together with money of other clients in the same account (omnibus account). 16.3. The Company shall not account to the Client for profits or interest earned on Client money (other than profit gained through trading Transactions from his/her Trading Account(s) under this Agreement) and the Client waives all right to interest. 16.4. The Company may deposit Client money with a third party (i.e. Financial Institution, a market, a settlement agent, a clearing house or OTC counterparty) who may have a security interest, lien or right of set-off in relation to that money. 16.5. Funds belonging to the Client that will be used for trading purposes will be kept in an account with any bank or financial institution used to accept funds which the Company will specify from time to time and will be held in the Client's ’s name and/or the Company's ’s name denoted as clients account. It is understood that the Company may hold funds on behalf of the Client with an intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty located outside the European Union or the EEA. The legal and regulatory regime applying to any such person might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other analogous events or equivalent failure of that person, Client's ’s funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. 16.6. The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from the Client's ’s money, or the third party's ’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses. 16.7. The Company is a member of the Investors Compensation Fund (ICF). So, depending on his classification, the Client may be entitled to compensation from the ICF in the event that the Company is unable to meet its obligations as explained in the document with the title Investors Compensation Fund, found on the Company's Website. 16.8. The Client authorizes the Company to make any deposits and withdrawals from his/her bank account to the Client's trading account and vice versa following the Client's instructions, on his behalf, provided that expressed consent took place including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Client to the Company or any other person. 16.9. It is commonly understood that any amount payable by the Company to the Client, shall be paid directly to the bank account of the beneficial owner which is the Client. Fund transfer requests are processed by the Company within the time period specified on the Company's official website and the time needed for crediting into the Client's personal account will depend on the Client's bank account provider. BDSwiss Holding PLC accepts no responsibility for bank clearing. 16.10. The Company retains a right of set off and may, at its discretion, from time to time and without the Client's authorization, set-off any amounts held on behalf and/or to the credit of the Client against the Client's obligation to the Company. Unless otherwise agreed in writing by the Company and the Client, this Agreement shall not give rise to rights of credit facilities. 16.11. The Client has the right to withdraw the funds which are not used for margin covering, free from any obligations from his Account without closing the said Account. 16.12. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation of the Client. 16.13. It is within the Client's terms that any incurring bank fees will be paid by him in case of funds withdrawals from his trading account to his designated bank account. The Client is fully responsible for the payments details that he has provided to the Company and the Company accepts no responsibility if the Client has provided false or inaccurate bank details. 16.14. The Client agrees that any amounts sent by the Client in the Bank Accounts, will be deposited to the Client's trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers or any other intermediary involved in such transaction process. In order for the Company to accept any deposits by the Client, the identification of the sender must be verified and ensure that the person depositing the funds is the Client. If these conditions are not met, the Company reserves the right to refund the net amount deposited via the method used by the depositor. 16.15. Xxxxxxxxxxx should be made using the same method used by the Client to fund his trading account and to the same remitter. The Company reserves the right to decline a withdrawal with a specific payment method and to suggest another payment method where the Client needs to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the Company can request for additional documentation and if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to the Client's trading account. 16.16. In the event that any amount received in the Bank Accounts is reversed by the Bank Account provider at any time and for any reason, the Company will immediately reverse the affected deposit from the Client's trading account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in a negative balance in all or any of the Client's trading account(s). 16.17. The Client agrees to waive any of his rights to receive any interest earned in the funds held in the Bank Account where Client's funds are kept. 16.18. The Client shall clearly specify his name and all required information, in accordance with international regulations related to the fight against money laundering and terrorist financing, on the payment document. It is the Company's policy not to accept payments from third parties to be credited to the Client's account. 16.19. The Company has the right to refuse a client's transferred funds in any of the following cases: (a) if the funds are transferred by a third party; (b) if the Company has reasonable grounds for suspecting that the person who transferred the funds was not a duly authorized person; (c) if the transfer violates Cyprus legislation; 16.20. In any of the above cases the Company will send back the received funds to the remitter by the same method as they were received and the Client will suffer the relevant bank account provider charges. 16.21. Client fund transfer requests will be performed from the Company's client portal located on its official website. The Company shall take every effort to notify clients prior to any fund transfer request, of all charges, fees and costs for the said fund transfer. The Company accepts no responsibility for fees applied on any transaction by your financial institution. 16.22. The Client acknowledges that in case where a client's bank account is freezed for any given period and for any given reason the Company assumes no responsibility and client's funds will also be freezed. Furthermore, the client acknowledges that he has read and understood the additional information provided on each payment method available on the Company's client portal. 16.23. The provision of documentation or any other type of Client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company is a prerequisite, prior to the execution of a withdrawal order. 16.24. Credit card deposits may be, according to credit card companies' regulations, returned to same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to bank account at Company's discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures and documentation from the Client. Please note that we only accept withdrawal requests of at least EUR100 per transaction or total account balance. 16.25. When choosing an account base currency other than U“D and EU‘, the Client's credit card may be debited sums which due to exchange rates and credit card companies' fees, may slightly vary from the initial sum that has been deposited by the Client in the account base currency. The Client hereby accepts that such variations may occur and the Client hereby affirms that shall not seek to object or charge this back. Note that when using USD and EUR as account base currency these phenomena will be avoided.

Appears in 1 contract

Samples: Client Agreement

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