Common use of CONFIRMATIONS AND ACCOUNT STATEMENTS Clause in Contracts

CONFIRMATIONS AND ACCOUNT STATEMENTS. a. Reports or confirmations of the execution of securities orders and statements of your Account will be binding if you do not object in writing within ten (10) business days after Broker forwards the confirmation or statement to you by mail or another method of delivery. Broker will send an Account statement to the address of record: every calendar quarter, at a minimum and for any month when you have trading or cash management activity. Account statements will show all activity in the Account for the stated period, including securities transactions, cash balances, credits and debits, and all fees paid directly from the Account. Broker will also send out a confirmation for every securities transaction in the Account. The only exceptions are automatic investments, automatic withdrawals, or dividend reinvestments; for these activities, your regular Account statement serves in place of a confirmation. b. To receive Account statements and confirmations faster, you can arrange to have them delivered electronically, at no charge, instead of through the mail. If you live with immediate family members who also have eligible accounts, you can “household” those accounts to potentially qualify for enhanced services and features. You may elect to have accounts householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. You also may elect to have your statements combined or householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. By electing to participate in householding, you agree that Broker may provide the employers of any householded account holders with Account statements, trade confirmations, or other documents as required by applicable regulations. c. As an owner of the Account, you are responsible for monitoring the Account. This includes making sure that you are receiving transaction confirmations, Account statements, and any other expected communications. It also includes reviewing these documents to see that information about the Account is accurate and contains nothing suspicious. Note that so long as Broker sends communications to you at the electronic or physical address of record given on the application, or to any other address given to Broker by an authorized person, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations and statements are legally presumed to be accurate unless you specifically tell Broker otherwise. d. If you have not received a communication that you expected, or if you have a question or have found an error in any communication from Broker, telephone Broker immediately, then follow up with written confirmation. You agree to notify Broker immediately if: (i) you placed an order electronically, but did not receive a reference number for it (an electronic order is not considered received until Broker has issued an acknowledgment); (ii) you have received confirmation of an order that you did not place, or any similar conflicting report; (iii) there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Account; or (iv) your password or access device is lost or stolen, or you believe someone has been using it without authorization. If any of these conditions occurs and you fail to notify Broker immediately, neither Broker nor any other Broker affiliate will be liable for any consequences. If you do immediately notify Broker, Broker’s liability is limited as described in this agreement. e. With any feature or service that is governed by a separate agreement (such as a credit card agreement), note that different policies concerning error resolution and liability may apply, as described in the separate agreement. If, through any error, you have received property that is not rightfully yours, you agree to notify Broker and return the property immediately.

Appears in 3 contracts

Samples: Customer Account Agreement, Customer Account Agreement, Customer Account Agreement

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CONFIRMATIONS AND ACCOUNT STATEMENTS. a. Reports or 10.1. Electronic Delivery of Communications – ADS Securities are an electronic-based broker-dealer providing self-directed brokerage services. By agreeing to electronic delivery you are giving an informed consent to electronic delivery of all Account Communications. 10.2. Where possible, we will provide you with daily Account Statements in electronic form through the System and/or Secure Access Website (where available). Such Account Statements will generally include confirmations of Transactions (including ticket numbers), your end of day trading balance and the execution profits and losses in your Account (realised and unrealised). We reserve the right to modify the format and content of securities orders Account Statements from time to time without prior notice to you. 10.3. We will also provide you with periodic reports concerning the content and statements value of your Account as often as is required by Applicable Law or as otherwise agreed by us. You can also generate daily, monthly and yearly reports of your Account through the System and/ or Secure Access Website (where available). Further, you may request receipt of Account Statements in hard copy or via email at any time by submitting a written request to xxxxxxx@xxx-xxxxxxxxxx.xxx. 10.4. You understand and agree that we will therefore not be sending you monthly Account Statements. For this reason, it is your responsibility to generate your own Account Statement. We highly recommend that you consult your Account Statement, at least on a monthly basis on the first day of each month, in order to keep appraised of the trading activities in your Account. 10.5. Account Statements and confirmations of Transactions shall, in the absence of Manifest Error, Abusive Trading Strategies or grossly obvious inaccuracies, be conclusive and legally binding if on you, unless we receive from you do not object an objection in writing within two (2) Business Days of the Transaction appearing in the System. If we have notified you of any such error we shall issue a revised Account Statement and the revised Account Statement shall be conclusive and binding on you, unless we receive your objection in writing within two (2) Business Days of your receipt of the revised Account Statement. Communications mailed, electronically transmitted or otherwise sent to you at the address specified ADSS Terms of Business - 20190911 8 in our records will be deemed to have been received by you in accordance with the provisions of clause 39 and you waive all claims resulting from failure to receive such communications. For this purpose, we will have ten (10) business days Business Days to update our records after Broker forwards the confirmation we receive notice in writing of a different address. Your failure to receive or statement to you by mail or another method of delivery. Broker will send electronically access an Account statement Statement shall not relieve you of the obligation to comply with the address of record: every calendar quarter, at a minimum and for above procedures if you wish to raise any month when you have trading or cash management activity. Account statements will show all activity in the Account for the stated period, including securities transactions, cash balances, credits and debits, and all fees paid directly from the Account. Broker will also send out a confirmation for every securities transaction in the Account. The only exceptions are automatic investments, automatic withdrawals, or dividend reinvestments; for these activities, your regular Account statement serves in place of a confirmationobjections. b. To receive Account statements 10.6. You acknowledge and accept that the posting of confirmations faster, you can arrange to have them delivered electronically, at no charge, instead of Transactions through the mail. If you live with immediate family members who also have eligible accounts, you can “household” those accounts System and/or Secure Access Website will be deemed delivery of trading confirmations and Account Statements by us to potentially qualify for enhanced services and features. You may elect to have accounts householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. You also may elect to have your statements combined or householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. By electing to participate in householding, you agree that Broker may provide the employers of any householded account holders with Account statements, trade confirmations, or other documents as required by applicable regulationsyou. c. As an owner 10.7. In the event of conflict between the Account, you are responsible for monitoring the Account. This includes making sure that you are receiving transaction confirmations, information relating to your Account statements, and any other expected communications. It also includes reviewing these documents to see that information about the Account which is accurate and contains nothing suspicious. Note that so long as Broker sends communications to you at the electronic or physical address of record given available on the application, or to any other address given to Broker by an authorized personSystem and via the Secure Access Website, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations and statements are legally presumed to be accurate unless you specifically tell Broker otherwiseinformation contained on the System shall prevail. d. If you have not received a communication that you expected, or if you have a question or have found an error in any communication from Broker, telephone Broker immediately, then follow up with written confirmation. You agree to notify Broker immediately if: (i) you placed an order electronically, but did not receive a reference number for it (an electronic order is not considered received until Broker has issued an acknowledgment); (ii) you have received confirmation of an order that you did not place, or any similar conflicting report; (iii) there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Account; or (iv) your password or access device is lost or stolen, or you believe someone has been using it without authorization. If any of these conditions occurs and you fail to notify Broker immediately, neither Broker nor any other Broker affiliate will be liable for any consequences. If you do immediately notify Broker, Broker’s liability is limited as described in this agreement. e. With any feature or service that is governed by a separate agreement (such as a credit card agreement), note that different policies concerning error resolution and liability may apply, as described in the separate agreement. If, through any error, you have received property that is not rightfully yours, you agree to notify Broker and return the property immediately.

Appears in 1 contract

Samples: Terms of Business

CONFIRMATIONS AND ACCOUNT STATEMENTS. a. Reports or confirmations of 40.1 Electronic Settlement/Trade Confirmations: Following the execution of securities orders a dealing Instruction for your Account, we will confirm that Transaction as soon as we reasonably can by posting a trade confirmation (“Settlement/Trade Confirmation”) on our Online Trading Facility, but failure to do so will not affect the validity of the transaction. Settlement/Trade Confirmations will normally be available instantly following the execution of the Transaction via our Online Trading Facility. Confirmations shall be deemed to be conclusive and statements binding on you if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the business day (being a day, other than a Saturday, Sunday or bank holiday, when banks are open for business) (a “Business Day”) following the day on which the Settlement/Trade Confirmation is posted on our Online Trading Facility. In the event that you believe to have entered into a Transaction, which should have produced a Settlement/Trade Confirmation or otherwise a posting on your Account, but you have not received such confirmation, you must inform us immediately when you ought to have received such confirmation. In the absence of such information, the Transaction may, at our reasonable discretion, be deemed to be non– existent. 40.2 Reports of Account Activity: We will post details of your Account activity on our Online Trading Facility and you will be binding if you do not object in writing within ten able to generate daily and monthly of your Account activity as well as a report of each executed Transaction and/or Contract. Posting of Account Information (10as defined below) business days after Broker forwards the confirmation or statement to you by mail or another method via our Online Trading Facility will be deemed delivery of delivery. Broker will send an Settlement/Trade Confirmations and Account statement to the address of record: every calendar quarter, at a minimum and for any month when you have trading or cash management activitystatements. Account information will include Settlement/Trade Confirmations with ticket numbers, buy and sell rates, utilized Margin available for Margin trading, statements will show all activity of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated “in the Account for terms agreed upon by mutual consent of the stated period, including securities transactions, cash balances, credits and debits, and all fees paid directly from the Account. Broker will also send out a confirmation for every securities transaction in the Account. The only exceptions are automatic investments, automatic withdrawals, or dividend reinvestments; for these activities, your regular Account statement serves in place of a confirmation. b. To receive Account statements and confirmations faster, you can arrange to have them delivered electronically, at no charge, instead of through the mail. If you live with immediate family members who also have eligible accounts, you can “household” those accounts to potentially qualify for enhanced services and features. You may elect to have accounts householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. You also may elect to have your statements combined or householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. By electing to participate in householdingParties”, you agree that Broker may we are under no obligation to provide the employers of any householded account holders with Account statements, trade confirmations, confirmations in hard copy or other documents as required by applicable regulations. c. As an owner of the Account, you are responsible for monitoring the Accounte-mail rather than through our Online Trading Facility. This includes making sure that you are receiving transaction confirmations, Account statements, and any other expected communications. It also includes reviewing By accepting these documents to see that information about the Account is accurate and contains nothing suspicious. Note that so long as Broker sends communications to you at the electronic or physical address of record given on the application, or to any other address given to Broker by an authorized person, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations and statements are legally presumed to be accurate unless you specifically tell Broker otherwise. d. If you have not received a communication that you expected, or if you have a question or have found an error in any communication from Broker, telephone Broker immediately, then follow up with written confirmation. You agree to notify Broker immediately if: (i) you placed an order electronically, but did not receive a reference number for it (an electronic order is not considered received until Broker has issued an acknowledgment); (ii) you have received confirmation of an order that you did not place, or any similar conflicting report; (iii) there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Account; or (iv) your password or access device is lost or stolen, or you believe someone has been using it without authorization. If any of these conditions occurs and you fail to notify Broker immediately, neither Broker nor any other Broker affiliate will be liable for any consequences. If you do immediately notify Broker, Broker’s liability is limited as described in this agreement. e. With any feature or service that is governed by a separate agreement (such as a credit card agreement), note that different policies concerning error resolution and liability may apply, as described in the separate agreement. If, through any error, you have received property that is not rightfully yoursTerms, you agree not to notify Broker receive any Account Information in printed form us other than upon specific request. You must verify the contents of all Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions, open positions, Margin and return account balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the property immediatelyBusiness Day following the day on such information is posted on our Online Trading Facility.

Appears in 1 contract

Samples: Customer Agreement

CONFIRMATIONS AND ACCOUNT STATEMENTS. a. Reports or confirmations of 40.1 Electronic Settlement/Trade Confirmations: Following the execution of securities orders a dealing Instruction for your Account, we will confirm that Transaction as soon as we reasonably can by posting a trade confirmation (“Settlement/Trade Confirmation”) on our Online Trading Facility, but failure to do so will not affect the validity of the transaction. Settlement/Trade Confirmations will normally be available instantly following the execution of the Transaction via our Online Trading Facility. Confirmations shall be deemed to be conclusive and statements binding on you if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the business day (being a day, other than a Saturday, Sunday or bank holiday, when banks are open for business) (a “Business Day”) following the day on which the Settlement/Trade Confirmation is posted on our Online Trading Facility. In the event that you believe to have entered into a Transaction, which should have produced a Settlement/Trade Confirmation or otherwise a posting on your Account, but you have not received such confirmation, you must inform us immediately when you ought to have received such confirmation. In the absence of such information, the Transaction may, at our reasonable discretion, be deemed to be non– existent. 40.2 Reports of Account Activity: We will post details of your Account activity on our Online Trading Facility and you will be binding if you do not object in writing within ten able to generate daily and monthly of your Account activity as well as a report of each executed Transaction and/or Contract. Posting of Account Information (10as defined below) business days after Broker forwards the confirmation or statement to you by mail or another method via our Online Trading Facility will be deemed delivery of delivery. Broker will send an Settlement/Trade Confirmations and Account statement to the address of record: every calendar quarter, at a minimum and for any month when you have trading or cash management activitystatements. Account information will include Settlement/Trade Confirmations with ticket numbers, buy and sell rates, utilized Margin available for Margin trading, statements will show all activity of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated “in the Account for terms agreed upon by mutual consent of the stated period, including securities transactions, cash balances, credits and debits, and all fees paid directly from the Account. Broker will also send out a confirmation for every securities transaction in the Account. The only exceptions are automatic investments, automatic withdrawals, or dividend reinvestments; for these activities, your regular Account statement serves in place of a confirmation. b. To receive Account statements and confirmations faster, you can arrange to have them delivered electronically, at no charge, instead of through the mail. If you live with immediate family members who also have eligible accounts, you can “household” those accounts to potentially qualify for enhanced services and features. You may elect to have accounts householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. You also may elect to have your statements combined or householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. By electing to participate in householdingParties”, you agree that Broker may we are under no obligation to provide confirmations in hard copy or by e-mail rather than through our Online Trading Facility. By accepting these Terms you agree not to receive any Account Information in printed form us other than upon specific request. You must verify the employers contents of any householded all Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions, open positions, Margin and account holders with Account statements, trade confirmations, or other documents as required by applicable regulations. c. As an owner of the Account, you are responsible for monitoring the Account. This includes making sure that you are receiving transaction confirmations, Account statementsbalances, and any other expected communications. It also includes reviewing these documents shall be conclusive and binding on you, if not objected to see that information about the Account is accurate and contains nothing suspicious. Note that so long as Broker sends communications to you at the immediately upon receipt with such objection confirmed in writing (including e-mail or electronic or physical address mail) no later than close of record given business on the application, or to any other address given to Broker by an authorized person, Business Day following the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations and statements are legally presumed to be accurate unless you specifically tell Broker otherwiseday on such information is posted on our Online Trading Facility. d. If you have not received a communication that you expected, or if you have a question or have found an error in any communication from Broker, telephone Broker immediately, then follow up with written confirmation. You agree to notify Broker immediately if: (i) you placed an order electronically, but did not receive a reference number for it (an electronic order is not considered received until Broker has issued an acknowledgment); (ii) you have received confirmation of an order that you did not place, or any similar conflicting report; (iii) there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Account; or (iv) your password or access device is lost or stolen, or you believe someone has been using it without authorization. If any of these conditions occurs and you fail to notify Broker immediately, neither Broker nor any other Broker affiliate will be liable for any consequences. If you do immediately notify Broker, Broker’s liability is limited as described in this agreement. e. With any feature or service that is governed by a separate agreement (such as a credit card agreement), note that different policies concerning error resolution and liability may apply, as described in the separate agreement. If, through any error, you have received property that is not rightfully yours, you agree to notify Broker and return the property immediately.

Appears in 1 contract

Samples: Customer Agreement

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CONFIRMATIONS AND ACCOUNT STATEMENTS. a. Reports or confirmations of the execution of securities orders and statements of your Account will be binding if you do not object in writing within ten (10) business days after Broker forwards the confirmation or statement to you by mail or another method of delivery. Broker will send an Account statement to the address of record: every calendar quarter, at a minimum and for any month when you have trading or cash management activity. Account statements will show all activity in the Account for the stated period, including securities transactions, cash balances, credits and debits, and all fees paid directly from the Account. Broker will also send out a confirmation for every securities transaction in the Account. The only exceptions are automatic investments, automatic withdrawals, or dividend reinvestments; for these activities, your regular Account statement serves in place of a confirmation. b. To receive Account statements and confirmations faster, you can arrange to have them delivered electronically, at no charge, instead of through the mail. If you live with immediate family members who also have eligible accounts, you can “household” those accounts to potentially qualify for enhanced services and features. You may elect to have accounts householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. You also may elect to have your statements combined or householded by submitting a request to xxxxxxx@xxxxxxxxxx.xxx. By electing to participate in householding, you agree that Broker may provide the employers of any householded account holders with Account statements, trade confirmations, or other documents as required by applicable regulations. c. As an owner of the Account, you are responsible for monitoring the Account. This includes making sure that you are receiving transaction confirmations, Account statements, and any other expected communications. It also includes reviewing these documents to see that information about the Account is accurate and contains nothing suspicious. Note that so long as Broker Xxxxxx sends communications to you at the electronic or physical address of record given on the application, or to any other address given to Broker by an authorized person, the communications are legally presumed to have been delivered, whether you actually received them or not. In addition, confirmations and statements are legally presumed to be accurate unless you specifically tell Broker otherwise. d. If you have not received a communication that you expected, or if you have a question or have found an error in any communication from Broker, telephone Broker immediately, then follow up with written confirmation. You agree to notify Broker immediately if: (i) you placed an order electronically, but did not receive a reference number for it (an electronic order is not considered received until Broker has issued an acknowledgment); (ii) you have received confirmation of an order that you did not place, or any similar conflicting report; (iii) there is any other type of discrepancy or suspicious or unexplained occurrence relating to the Account; or (iv) your password or access device is lost or stolen, or you believe someone has been using it without authorization. If any of these conditions occurs and you fail to notify Broker immediately, neither Broker nor any other Broker affiliate will be liable for any consequences. If you do immediately notify Broker, BrokerXxxxxx’s liability is limited as described in this agreement. e. With any feature or service that is governed by a separate agreement (such as a credit card agreement), note that different policies concerning error resolution and liability may apply, as described in the separate agreement. If, through any error, you have received property that is not rightfully yours, you agree to notify Broker and return the property immediately.

Appears in 1 contract

Samples: Customer Account Agreement

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