Common use of COMPLAINTS MANAGEMENT PROCEDURE Clause in Contracts

COMPLAINTS MANAGEMENT PROCEDURE. 22.1. If any conflict situation arises when the Client reasonably believes that the Company as a result of any action or failure to act has breached one or more of the terms of the Client’s Agreement, the Client has the right to lodge a complaint with the Company as soon as reasonably practicable after the occurrence of the event. 22.2. To file any complaint, the Client should follow the procedure outlined in the “Client Complaint Policy” posted on the Website. 22.3. The Company has the right to dismiss a complaint in case it does not comply with the requirements set out above. 22.4. The Server Log-File is the most reliable source of information in case of any dispute. The Server Log-File has the absolute priority over other arguments including the Client Terminal Log-File as the Client Terminal Log-File does not register every stage of the execution of the Client’s Instructions and Requests. 22.5. The Company may indemnify the Client by: a. Creating/debiting the Client’s Trading Account: this correcting entry will have an explanatory narrative; and/or b. Reopening erroneously closed positions; and/or c. Deleting erroneously opened positions or placed Orders. 22.6. The Company has the right to choose the method of indemnification at its sole discretion. 22.7. Complaints on matters not mentioned in the Agreement are resolved in accordance with the Common Market Practice and at the sole discretion of the Company. 22.8. If the Quotes Flow has been interrupted due to a software and/or hardware failure, all decisions in regard to the complaint will be made on a basis of the live Server’s Quotes Base synchronized in accordance with the Terms of Business. 22.9. The Company shall not be liable to the Client if for any reason the Client has received less profit than the Client hoped for or has incurred a loss as a result of uncompleted action which the Client had intended to complete. 22.10. The Company shall not be liable to the Client in regard to any indirect, consequential or non-financial damage (emotional distress, etc.). 22.11. The Compliance Department shall consider any Client’s complaint and endeavour to investigate any Dispute or complaint as soon as reasonably practicable. All complaints will be considered within five (5) business days from the day the complaint is received. 22.12. The Company shall have the absolute right to refuse a complained lodged by a Client. 22.13. If the Client has been notified in advance by the Trading Platform internal email or some way of routine construction on the Server, complaints made in regard to any unexpected instructions or requests which are given during such a construction period, are not accepted. The fact that the Client has not received a notice shall not constitute a reason to lodge a complaint. 22.14. Complaints in regard to a Transaction or Order execution based on the difference in the prices for the Contract for Difference (CFD) in the Trading Platform and for the underlying asset of the Contract for Difference are not accepted. 22.15. Complaints in regard to time of Order execution notwithstanding the amount of time a dealer needed to execute the Order as well as the time when the Server LogFile Recorded Order execution are not accepted, unless the Order placed in the queue has not been executed as the Terms of Business provide. 22.16. No Client complaints will be accepted in regard to the financial results of the deals made using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error. 22.17. In regard to all disputes any references by the Client to the Quotes of other companies or information systems will not be taken into account. 22.18. The Client acknowledges that he/she will not be able to manage the position while the dispute in regard to this position is being considered and no complaints in regard to this matter are accepted. 22.19. The Client acknowledges that the Company will not notify him/her that the dispute has been resolved and the position has been reopened and the Client shall be responsible for all the risks in this respect. 22.20. Once the dispute has been resolved the Company has the right to trigger the Stop Loss or Take Profit in the chronological order in which they would have been triggered if the Stop Out had not been executed. 22.21. If the Client appoints a legal representative to act on their behalf in relation to any dispute with the Company, the Client shall provide an original notarized and apostilled power of attorney in the English language(“POA”). The Client shall arrange for the POA to be sent to the Company’s registered office (see Clause 2.1) as a printed/hard copy document for the Company’s records. The Company shall not engage, correspond or otherwise communicate with any other party, except the Client in the absence of a POA. 22.22. The Company has the right to void any Transaction if the corresponding hedge trade has been cancelled by a Liquidity Provider.

Appears in 1 contract

Samples: Client Agreement

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COMPLAINTS MANAGEMENT PROCEDURE. 22.1. If any conflict situation arises when the Client reasonably believes that the Company as a result of any action or failure to act has breached one or more of the terms of the Client’s Agreement, the Client has the right to lodge a complaint with the Company as soon as reasonably practicable after the occurrence of the event. 22.2. To file any complaint, the Client should follow the procedure outlined in the “Client Complaint Policy” posted on the Website. 22.3. The Company has the right to dismiss a complaint in case it does not comply with the requirements set out above. 22.4. The Server Log-File is the most reliable source of information in case of any dispute. The Server Log-File has the absolute priority over other arguments including the Client Terminal Log-File as the Client Terminal Log-File does not register every stage of the execution of the Client’s Instructions and Requests. 22.5. The Company may indemnify the Client by: a. Creating/debiting the Client’s Trading Account: this correcting entry will have an explanatory narrative; and/or b. Reopening erroneously closed positions; and/or c. Deleting erroneously opened positions or placed Orders. 22.6. The Company has the right to choose the method of indemnification at its sole discretion. 22.7. Complaints on matters not mentioned in the Agreement are resolved in accordance with the Common Market Practice and at the sole discretion of the Company. 22.8. If the Quotes Flow has been interrupted due to a software and/or hardware failure, all decisions in regard to the complaint will be made on a basis of the live Server’s Quotes Base synchronized in accordance with the Terms of Business. 22.9. The Company shall not be liable to the Client if for any reason the Client has received less profit than the Client hoped for or has incurred a loss as a result of uncompleted action which the Client had intended to complete. 22.10. The Company shall not be liable to the Client in regard to any indirect, consequential or non-financial damage (emotional distress, etc.). 22.11. The Compliance Department shall consider any Client’s complaint and endeavour to investigate any Dispute or complaint as soon as reasonably practicable. All complaints will be considered within five (5) business days from the day the complaint is received. 22.12. The Company shall have the absolute right to refuse a complained lodged by a Client. 22.13. If the Client has been notified in advance by the Trading Platform internal email or some way of routine construction on the Server, complaints made in regard to any unexpected instructions or requests which are given during such a construction period, are not accepted. The fact that the Client has not received a notice shall not constitute a reason to lodge a complaint. 22.14. Complaints in regard to a Transaction or Order execution based on the difference in the prices for the Contract for Difference (CFD) in the Trading Platform and for the underlying asset of the Contract for Difference are not accepted. 22.15. Complaints in regard to time of Order execution notwithstanding the amount of time a dealer needed to execute the Order as well as the time when the Server LogFile Log-File Recorded Order execution are not accepted, unless the Order placed in the queue has not been executed as the Terms of Business provide. 22.16. No Client complaints will be accepted in regard to the financial results of the deals made using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error. 22.17. In regard to all disputes any references by the Client to the Quotes of other companies or information systems will not be taken into account. 22.18. The Client acknowledges that he/she will not be able to manage the position while the dispute in regard to this position is being considered and no complaints in regard to this matter are accepted. 22.19. The Client acknowledges that the Company will not notify him/her that the dispute has been resolved and the position has been reopened and the Client shall be responsible for all the risks in this respect. 22.20. Once the dispute has been resolved the Company has the right to trigger the Stop Loss or Take Profit in the chronological order in which they would have been triggered if the Stop Out had not been executed. 22.21. If the Client appoints a legal representative to act on their behalf in relation to any dispute with the Company, the Client shall provide an original notarized and apostilled power of attorney in the English language(“POA”). The Client shall arrange for the POA to be sent to the Company’s registered office (see Clause 2.1) as a printed/hard copy document for the Company’s records. The Company shall not engage, correspond or otherwise communicate with any other party, except the Client in the absence of a POA. 22.22. The Company has the right to void any Transaction if the corresponding hedge trade has been cancelled by a Liquidity Provider.

Appears in 1 contract

Samples: Client Agreement

COMPLAINTS MANAGEMENT PROCEDURE. 22.1. If any conflict situation arises when the Client reasonably believes that the Company as a result of any action or failure to act has breached one or more of the terms of the Client’s Agreement, the Client has the right to lodge a complaint with the Company as soon as reasonably practicable after the occurrence of the event. 22.2. To file any complaint, the Client should follow the procedure outlined in the “Client Complaint Policy” posted on the Website. 22.3. The Company has the right to dismiss a complaint in case it does not comply with the requirements set out above. 22.4. The Server Log-File is the most reliable source of information in case of any dispute. The Server Log-File has the absolute priority over other arguments including the Client Terminal Log-File as the Client Terminal Log-File does not register every stage of the execution of the Client’s Instructions and Requests. 22.5. The Company may indemnify the Client by: a. Creating/debiting the Client’s Trading Account: this correcting entry will have an explanatory narrative; and/or b. Reopening erroneously closed positions; and/or c. Deleting erroneously opened positions or placed Orders. 22.6. The Company has the right to choose the method of indemnification at its sole discretion. 22.7. Complaints on matters not mentioned in the Agreement are resolved in accordance with the Common Market Practice and at the sole discretion of the Company. 22.8. If the Quotes Flow has been interrupted due to a software and/or hardware failure, all decisions in regard to the complaint will be made on a basis of the live Server’s Quotes Base synchronized in accordance with the Terms of Business. 22.9. The Company shall not be liable to the Client if for any reason the Client has received less profit than the Client hoped for or has incurred a loss as a result of uncompleted action which the Client had intended to complete. 22.10. The Company shall not be liable to the Client in regard to any indirect, consequential or non-financial damage (emotional distress, etc.). 22.11. The Compliance Department shall consider any Client’s complaint and endeavour to investigate any Dispute or complaint as soon as reasonably practicable. All complaints will be considered within five (5) business days from the day the complaint is received. 22.12. The Company shall have the absolute right to refuse a complained lodged by a Client. . 22.13. If the Client has been notified in advance by the Trading Platform internal email or some way of routine construction on the Server, complaints made in regard to any unexpected instructions or requests which are given during such a construction period, are not accepted. The fact that the Client has not received a notice shall not constitute a reason to lodge a complaint. 22.14. Complaints in regard to a Transaction or Order execution based on the difference in the prices for the Contract for Difference (CFD) in the Trading Platform and for the underlying asset of the Contract for Difference are not accepted. 22.15. Complaints in regard to time of Order execution notwithstanding the amount of time a dealer needed to execute the Order as well as the time when the Server LogFile Recorded Order execution are not accepted, unless the Order placed in the queue has not been executed as the Terms of Business provide. 22.16. No Client complaints will be accepted in regard to the financial results of the deals made using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error. 22.17. In regard to all disputes any references by the Client to the Quotes of other companies or information systems will not be taken into account. 22.18. The Client acknowledges that he/she will not be able to manage the position while the dispute in regard to this position is being considered and no complaints in regard to this matter are accepted. 22.19. The Client acknowledges that the Company will not notify him/her that the dispute has been resolved and the position has been reopened and the Client shall be responsible for all the risks in this respect. 22.20. Once the dispute has been resolved the Company has the right to trigger the Stop Loss or Take Profit in the chronological order in which they would have been triggered if the Stop Out had not been executed. 22.21. If the Client appoints a legal representative to act on their behalf in relation to any dispute with the Company, the Client shall provide an original notarized and apostilled power of attorney in the English language(“POA”). The Client shall arrange for the POA to be sent to the Company’s registered office (see Clause 2.1) as a printed/hard copy document for the Company’s records. The Company shall not engage, correspond or otherwise communicate with any other party, except the Client in the absence of a POA. 22.22. The Company has the right to void any Transaction if the corresponding hedge trade has been cancelled by a Liquidity Provider.

Appears in 1 contract

Samples: Client Agreement

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COMPLAINTS MANAGEMENT PROCEDURE. 22.1. If any conflict situation arises when the Client reasonably believes that the Company as a result of any action or failure to act has breached one or more of the terms of the Client’s Agreement, the Client has the right to lodge a complaint with the Company as soon as reasonably practicable after the occurrence of the event. 22.2. To file any complaint, the Client should follow the procedure outlined in the “Client Complaint Policy” posted on the Website. 22.3. The Company has the right to dismiss a complaint in case it does not comply with the requirements set out above. 22.4. The Server Log-File is the most reliable source of information in case of any dispute. The Server Log-File has the absolute priority over other arguments including the Client Terminal Log-File as the Client Terminal Log-File does not register every stage of the execution of the Client’s Instructions and Requests. 22.5. The Company may indemnify the Client by: a. Creating/debiting the Client’s Trading Account: this correcting entry will have an explanatory narrative; and/or b. Reopening erroneously closed positions; and/or c. Deleting erroneously opened positions or placed Orders. 22.622.5. The Company has the right to choose the method of indemnification at its sole discretion. 22.722.6. Complaints on matters not mentioned in the Agreement are resolved in accordance with the Common Market Practice and at the sole discretion of the Company. 22.8. If the Quotes Flow has been interrupted due to a software and/or hardware failure, all decisions in regard to the complaint will be made on a basis of the live Server’s Quotes Base synchronized in accordance with the Terms of Business. 22.922.7. The Company shall not be liable to the Client if for any reason the Client has received less profit than the Client hoped for or has incurred a loss as a result of uncompleted action which the Client had intended to complete. 22.1022.8. The Company shall not be liable to the Client in regard to any indirect, consequential or non-financial damage (emotional distress, etc.). 22.1122.9. The Compliance Department shall consider any Client’s complaint and endeavour to investigate any Dispute or complaint as soon as reasonably practicable. All complaints will be considered within five (5) business days from the day the complaint is received. 22.1222.10. The Company shall have the absolute right to refuse a complained lodged by a Client. 22.1322.11. If the Client has been notified in advance by the Trading Platform internal email or some way of routine construction on the Server, complaints made in regard to any unexpected instructions or requests which are given during such a construction period, are not accepted. The fact that the Client has not received a notice shall not constitute a reason to lodge a complaint. 22.1422.12. Complaints in regard to a Transaction or Order execution based on the difference in the prices for the Contract for Difference (CFD) in the Trading Platform and for the underlying asset of the Contract for Difference are not accepted. 22.15. Complaints in regard to time of Order execution notwithstanding the amount of time a dealer needed to execute the Order as well as the time when the Server LogFile Recorded Order execution are not accepted, unless the Order placed in the queue has not been executed as the Terms of Business provide. 22.16. No Client complaints will be accepted in regard to the financial results of the deals made using temporary excess Free Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error Quote (Spike) or at a Quote received as a result of a Manifest Error. 22.1722.13. In regard to all disputes any references by the Client to the Quotes of other companies or information systems will not be taken into account. 22.1822.14. The Client acknowledges that he/she will not be able to manage the position while the dispute in regard to this position is being considered and no complaints in regard to this matter are accepted. 22.1922.15. The Client acknowledges that the Company will not notify him/her that the dispute has been resolved and the position has been reopened and the Client shall be responsible for all the risks in this respect. 22.2022.16. Once the dispute has been resolved the Company has the right to trigger the Stop Loss or Take Profit in the chronological order in which they would have been triggered if the Stop Out had not been executed. 22.21. If the Client appoints a legal representative to act on their behalf in relation to any dispute with the Company, the Client shall provide an original notarized and apostilled power of attorney in the English language(“POA”). The Client shall arrange for the POA to be sent to the Company’s registered office (see Clause 2.1) as a printed/hard copy document for the Company’s records. The Company shall not engage, correspond or otherwise communicate with any other party, except the Client in the absence of a POA. 22.2222.17. The Company has the right to void any Transaction if the corresponding hedge trade has been cancelled by a Liquidity Provider.

Appears in 1 contract

Samples: Client Agreement

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