Common use of FX Contracts Clause in Contracts

FX Contracts. 5.1. When you or an Authorised User contacts us in relation to a proposed FX Contract you must provide us with all relevant information we require in order to execute the FX Contract(s). 5.2. You may use our Services to buy and sell currency to support the buying of goods and services using our Payment Services, however you may not use any FX Contract for investment or speculative purposes. We may decline to deal with you if we have reason to believe that you are using any FX Contract for investment or speculative purposes. 5.3. On receipt of your Instruction, we will specify the amount of the Sale Currency required, the amount of the Purchase Currency which will be purchased for you, the exchange rate offered, applicable fees, any transmission costs, the terms for an Initial Margin (if applicable) and a date by which the Sale Currency must arrive in cleared funds in the bank account specified by us (collectively referred to in this Agreement as the “Commercial Terms”). We may however refuse to accept your Instruction to enter into a transaction at our sole and absolute discretion. 5.4. In using our Services you accept our Commercial Terms and this Agreement, and you are legally bound to perform the FX Contract in accordance with them. You must provide us with the funds we require for the FX Contract using such payment method as we may agree with you, and your failure or delay in doing so may mean that we cannot provide you with an FX Contract on the terms we have agreed you, and we shall not be liable for any loss as a result or consequence of this. 5.5. We will enter into all FX Contracts as principal unless it is specifically agreed that we shall act as your agent, and we shall have no responsibility to any person other than you. We, at the same time as concluding an FX Contract with you, will usually also enter into a matching transaction with our banking or other counterparty. 5.6. We may accept your Instructions to buy or sell currency at a particular price. This is known as a “firm order”. We will use our reasonable endeavours to execute such a firm order in full at that price, but if market conditions prevent us from executing your Instructions in full or at all, then we have no liability in respect of such Instructions. 5.7. Our exchange rates are based on market exchange rates for the relevant currency(ies). We have different rates between currencies depending on which currency you are buying (and thus which you are selling). Exchange rates offered are inclusive of a mark-up profit for Aston that depends on the currencies and the size of transaction and are designed to cover the risks of the transaction, costs incurred in facilitating it, and the amount of business being conducted by us for the relevant client(s). Mark-up profits may vary between clients (even between clients of a similar size and type) and may increase the overall fee for an FX Contract.

Appears in 4 contracts

Samples: Fx Contracts and Payment Services Agreement, Terms and Conditions of Business, Fx Contracts and Payment Services Agreement

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FX Contracts. 5.1. When you or an Authorised User contacts contact us in relation to a proposed FX Contract you must provide us with all relevant information we require in order to execute the FX Contract(s). 5.2. You may use our Services to buy and sell currency to support the buying of goods and services using our Payment Services, however you may not use any FX Contract for investment or speculative purposes. We may decline to deal with you if we have reason to believe that you are using any FX Contract for investment or speculative purposes. 5.3. On receipt of your Instruction, we will specify the amount of the Sale Currency required, the amount of the Purchase Currency which will be purchased for you, the exchange rate offered, applicable fees, any transmission costs, the terms for an Initial Margin (if applicable) and a date by which the Sale Currency must arrive in cleared funds in the bank account specified by us (collectively referred to in this Agreement as the “Commercial Terms”). We may however refuse to accept your Instruction to enter into a transaction at our sole and absolute discretion. 5.4. In using our Services you accept our Commercial Terms and this Agreement, and you are legally bound to perform the FX Contract in accordance with them. You must provide us with the funds we require for the FX Contract using such payment method as we may agree with you, and your failure or delay in doing so may mean that we cannot provide you with an FX Contract on the terms we have agreed you, and we shall not be liable for any loss as a result or consequence of this. 5.5. We will enter into all FX Contracts as principal unless it is specifically agreed that we shall act as your agent, and we shall have no responsibility to any person other than you. We, at the same time as concluding an FX Contract with you, will usually also enter into a matching transaction with our banking or other counterparty. 5.6. We may accept your Instructions to buy or sell currency at a particular price. This is known as a “firm order”. We will use our reasonable endeavours to execute such a firm order in full at that price, but if market conditions prevent us from executing your Instructions in full or at all, then we have no liability in respect of such Instructions. 5.7. Our exchange rates are based on market exchange rates for the relevant currency(ies). We have different rates between currencies depending on which currency you are buying (and thus which you are selling). Exchange rates offered are inclusive of a mark-up profit for Aston that depends on the currencies and the size of transaction and are designed to cover the risks of the transaction, costs incurred in facilitating it, and the amount of business being conducted by us for the relevant client(s). Mark-up profits may vary between clients (even between clients of a similar size and type) and may increase the overall fee for an FX Contract.

Appears in 2 contracts

Samples: Fx Contracts and Payment Services Agreement, Fx Contracts and Payment Services Agreement

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