Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term. 2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company. 3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website. 4. The Agreement may be terminated in any of the following circumstances: a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ written notice. During the 15 days notice, the Company may limit the services available to the Client, however, access will be granted in order for the Client to withdraw any remaining balance. b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances: i. Death or legal incompetence of the Client. ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement. iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable. v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or any country of the European vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016. vii. The Company has suspicion based on available information that the Client: a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement; b. Has illegally and/or improperly and/or unfairly and/or otherwise gain an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company; c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or e. Has acted in bad faith during the performance of his obligations under the Agreement. viii. The Client being guilty or the Company has suspicions that the client is guilty, of malicious conduct or gross negligence, or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix. The termination is required under applicable law.
Appears in 14 contracts
Samples: Terms & Conditions, Terms & Conditions, Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. A. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, ; however, access will be granted in order for the Client to withdraw any remaining balance.
b. B. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates violates, or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, JapanSouth Sudan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or Ukraine, Vatican,any country of the EuropeanEuropean Economic Area and/or other non-serviced countries.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty guilty, or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high-frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high-frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third-party account, and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
xv. The client is and/or has been convicted of a criminal offence and/or is cautioned and/or charged by the police or other competent authority with a criminal offence.
5. In case of termination of this Agreement for a reason indicated in clause 15.4.B, of this Agreement, the Company shall have no liability towards the Client and no obligation to pay any of the profits generated by trading (if any); Furthermore, it is up to the Company’s sole discretion to decide if any deposited funds will be paid to the Client.
6. In case of termination of this Agreement for a reason indicated in sections 15.4.A of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 3 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. A. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, ; however, access will be granted in order for the Client to withdraw any remaining balance.
b. B. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates violates, or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, JapanSouth Sudan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or Ukraine, Vatican,any country of the EuropeanEuropean Economic Area and/or other non-serviced countries.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty guilty, or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high-frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high-frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third-party account, and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
xv. The client is and/or has been convicted of a criminal offence and/or is cautioned and/or charged by the police or other competent authority with a criminal offence.
5. In case of termination of this Agreement for a reason indicated in clause 15.4.B, subclauses (iii – x) and (xii – xvii) of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any); Furthermore, it is up to the Company’s sole discretion to decide if any deposited funds will be paid to the Client.
6. In case of termination of this Agreement for a reason indicated in sections 15.4.A of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 3 contracts
Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. . The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became seeks to become or becomes a citizen US Reportable Person or a resident of the USA/territories of the US USA and/or a resident of either the USA/territories of the USother jurisdictions that are not Serviced Countries, including but not limited to: Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Cuba, Democratic Republic of the Congo, Eritrea,Ethiopia,Gibraltar, Haiti, Iran, Israel, Palestine, Japan, SyriaLibya, IranMali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, the Russian Federation, the United Kingdom, Ukraine, Vatican and/or any country of the EuropeanEuropean Economic Area
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty or the Company has suspicions that the client Client is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
5. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
6. In case of termination of this Agreement for a reason indicated in section 16 (4)(B), subclauses (iii - ix) and (xi - xv) of this Agreement the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
7. In case of termination of this Agreement for a reason indicated in sections 16 (4)(A) of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
■ a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
■ b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
■ i. Death or legal incompetence of the Client.
■ ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
■ iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
■ iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
■ v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Kingdom and/or any country of the European
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016European Economic Area.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client is guilty, of malicious conduct or gross negligence, or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix. The termination is required under applicable law.
Appears in 2 contracts
Samples: Terms & Conditions, Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Kingdom and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent afraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain otherwisegained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client CLient is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse againstemployees of the Company.
Appears in 2 contracts
Samples: Terms & Conditions, Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, JapanSouth Sudan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Ukraine, Vatican and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian Ukraine resident and his/her Account was registered after the 1st 10th of July 2016May 2022.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. .
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
xi. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xii. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xiii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiv. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
5. In case of termination of this Agreement for a reason indicated in section (16)(4b), subclauses (iii - ix) and (xi - xv) of this Agreement the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
6. In case of termination of this Agreement for a reason indicated in sections (16(4a) of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Kingdom and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client CLient is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. .
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
xi. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
xii. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xiii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to without giving prior notice terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiv. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account. In case of termination of this Agreement for a reason indicated in section 15.b, subclauses (iii - ix) and (xi - xv) of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any). In case of termination of this Agreement for a reason indicated in sections 15.a of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: Terms & Conditions
Duration and Termination of the Agreement. 116.1. The Agreement herein shall be concluded for an indefinite term.
216.2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
316.3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
416.4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positionsAgreement, block the Client’s account, and return any remaining funds (if applicable) immediately and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Federation and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client CLient is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. .
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
xi. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment request from the Сompany.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account.
xiii. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform. In case of termination of this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any). In case of termination of this Agreement for a reason indicated in sections 16.a of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance. In case of termination of this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall have to wire to the Client the remaining balance excluding any profit.
Appears in 1 contract
Samples: Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. A. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, ; however, access will be granted in order for the Client to withdraw any remaining balance.
b. B. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates violates, or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, JapanSouth Sudan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or Ukraine, Vatican,any country of the EuropeanEuropean Economic Area and/or other non-serviced countries
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty guilty, or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high-frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high-frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third-party account, and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
xv. The client is and/or has been convicted of a criminal offence and/or is cautioned and/or charged by the police or other competent authority with a criminal offence.
5. In case of termination of this Agreement for a reason indicated in clause 15.4.B, of this Agreement, the Company shall have no liability towards the Client and no obligation to pay any of the profits generated by trading (if any); Furthermore, it is up to the Company’s sole discretion to decide if any deposited funds will be paid to the Client.
6. In case of termination of this Agreement for a reason indicated in sections 15.4.A of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
● a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteenfifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
● b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
● i. Death or legal incompetence of the Client.
● ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
● iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
● iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
● v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or any country of the European
European Economic Area and/or other non-serviced countries. ● vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
● a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
● b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
● c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
● d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
● e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client is guilty, of malicious conduct or gross negligence, or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix. The termination is required under applicable law.
Appears in 1 contract
Samples: Terms & Conditions Agreement
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of If there are any discrepancies inconsistencies between the English text of the Agreement in English and its translation in into any other language, the English text of the Agreement in English as a whole shall prevailwhole, as well as the English version/text of any other additional documentation/information published provided on the Website, will prevail.
4. The Agreement may be terminated in for any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ written notice. During the 15 days notice, the Company may limit the services available to the Client, however, access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstancesreasons listed below:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Belarus, Gibraltar and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client Client is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. .
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
xi. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
xii. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xiii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiv. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third-party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third-party circumventing any of the clauses of this Agreement.
a. Each Party may terminate this Agreement at any time by notifying the other Party in writing 15 (fifteen) days in advance. The Company may limit the services accessible to the Client during the 15-day notice period, but access will be provided in order for the Client to withdraw any remaining amount.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstance:
5. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
6. In case of termination of this Agreement for a reason indicated in section 14. 4, subclauses (iii - ix) and (xi - xv) of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
7. In case of termination of this Agreement for a reason indicated in section 14.a of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. A. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, ; however, access will be granted in order for the Client to withdraw any remaining balance.
b. B. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates violates, or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, JapanSouth Sudan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or Ukraine, Vatican, any country of the EuropeanEuropean Economic Area and/or other non-serviced countries.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty guilty, or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high- frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high- frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third-party account, and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
xv. The client is and/or has been convicted of a criminal offense and/or is cautioned and/or charged by the police or other competent authority with a criminal offense.
5. In case of termination of this Agreement for a reason indicated in clause 15.4.B, of this Agreement, the Company shall have no liability towards the Client and no obligation to pay any of the profits generated by trading (if any); Furthermore, it is up to the Company’s sole discretion to decide if any deposited funds will be paid to the Client.
6. In case of termination of this Agreement for a reason indicated in sections 15.4.A of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Belarus, Gibraltar and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
5. In case of termination of this Agreement for a reason indicated in section (16)(4b), subclauses (iii - ix) and (xii - xv) of this Agreement the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
6. In case of termination of this Agreement for a reason indicated in sections (16(4a) of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
■ a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteenfifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
■ b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
■ i. Death or legal incompetence of the Client.
■ ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
■ iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
■ iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
■ v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or any country of the European
vi. If it comes to the Company’s attention European Economic Area and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016other non-serviced countries.
vii■ vi. The Company has suspicion based on available information that the Client:
■ a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
■ b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
■ c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
■ d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
■ e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii■ vii. The Client being guilty or the Company has suspicions that the client Client is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
■ viii. The termination is required under applicable law.
■ ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
■ x. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
■ xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
■ xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to without giving prior notice terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
■ xiii. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
■ xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
5. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
6. In case of termination of this Agreement for a reason indicated in section 15.b, subclauses (iii - ix) and (xi - xv) of this Agreement the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
7. In case of termination of this Agreement for a reason indicated in sections 15.a of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance. In case of termination of this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall have to wire to the Client the remaining balance excluding any profit.
Appears in 1 contract
Samples: Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. A. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. B. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of the Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, JapanSouth Sudan, Sudan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or Ukraine, Vatican, any country of the EuropeanEuropean Economic Area and/or other non-serviced countries.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized authorised the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viiivii. The Client being guilty or the Company has suspicions that the client Client is guilty, of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. ix.
viii. The termination is required under applicable law.
ix. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
x. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents and/or any additional supporting documents including, inter alia, up to date verification documents constituting, thus, his/her Account as an unverified Account.
xi. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to without giving prior notice terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiii. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xiv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
xv. The client is and/or has been convicted of a criminal offense and/or is cautioned and/or charged by the police or other competent authority with a criminal offense.
5. In case of termination of this Agreement for a reason indicated in section (16)(4b), subclauses (iii - viii) and (xi - xv) of this Agreement the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
6. In case of termination of this Agreement for a reason indicated in sections (16(4a) of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: Terms & Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ days written notice. During the 15 days notice, the Company may limit the services available to the Client, however, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, Belarus, Gibraltar, Ukraine and/or any country of the EuropeanEuropean Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian Ukraine resident and his/her Account was registered after the 1st 10th of July 2016May 2022.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gain gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the client Client is guilty, guilty of malicious conduct or gross negligence, negligence or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. .
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
xi. The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
xii. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xiii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account. In case the Company identifies that the Client created any additional trading account(s) following the chargeback dispute, the Company shall be entitled to, without giving prior notice, terminate the Agreement immediately, close all open positions, block the account(s), and return any remaining own funds (if applicable) excluding profits.
xiv. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
xv. Where the Company identifies that the Client’s funds and/or payment account(s) have been used to fund a third party account and it has reasonable suspicion that the Client and/or third party is circumventing any of the clauses of the present Agreement by doing so and/or is acting in collaboration with a third party circumventing any of the clauses of this Agreement.
5. In case of termination of this Agreement for a reason indicated in section (16)(4b), subclauses (iii - ix) and (xi - xv) of this Agreement the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
6. In case of termination of this Agreement for a reason indicated in sections (16(4a) of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance.
Appears in 1 contract
Samples: General Terms and Conditions
Duration and Termination of the Agreement. 1. The Agreement herein shall be concluded for an indefinite term.
2. The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
3. In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
4. The Agreement may be terminated in any of the following circumstances:
a. A. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days’ written notice. During the 15 days notice, the Company may limit the services available to the Client, however, access will be granted in order for the Client to withdraw any remaining balance.
b. B. The Company shall be entitled to terminate this Agreement immediately, close all open positions, block the Client’s account, and return any remaining funds (if applicable) and without giving prior notice under the following circumstances:
i. (i) Death or legal incompetence of the Client.
(ii. ) If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken. .
(iii. ) The Client violates or the Company has reasonable grounds to believe that the Client violated, violated any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
(iv. ) If it comes to the Company’s attention and/or the Company has have reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he is resident or citizen, as applicable.
v. (v) If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Syria, Iran, North Korea, the Russian Federation, the United Kingdom, and/or any country of the EuropeanEuropean Economic Area.
(vi. ) If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
(vii. ) The Company has suspicion based on available information that the Client:
a. a) Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. b) Has illegally and/or improperly and/or unfairly and/or otherwise gain an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. c) Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorized the use of such information by the Client for the purposes of this Agreement; and/or
d. d) Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. e) Has acted in bad faith during the performance of his obligations under the Agreement.
(viii. ) The Client being guilty or the Company has suspicions that the client is guilty, of malicious conduct or gross negligence, or fraud or of using fraudulent means or was involved in a fraud scheme in relation to the performance of this Agreement. .
(ix. ) The termination is required under applicable law.
(x) In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
(xi) If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
(xii) In case the Client uses and/or there are indications that lead the company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
Appears in 1 contract
Samples: Terms & Conditions
