Common use of INSTRUCTIONS AND BASIS OF DEALING Clause in Contracts

INSTRUCTIONS AND BASIS OF DEALING. 4.1. You may give us instructions for Trades via the Trading Platform, or by such other means as we may from time to time specify to you in writing. In such circumstances: 4.1.1. when you do so you are offering to enter into a Trade with us at the price we quote as adjusted (if applicable) within your specified Price Tolerance when you complete all obligatory fields and click the relevant button; and 4.1.2. when we receive your offer we will provide you with an electronic acknowledgement but you and we will be bound by a Trade only when details of the Trade are reported as executed on the Trading Platform. If you do not see details of the executed Trade on the Trading Platform, please contact us immediately to confirm the status of the Trade. After we execute the Trade we will send you a Trade Confirmation as described in clause 12. 4.2. We may in our sole discretion accept instructions for Trades (including closing only Trades when our Trading Platform is not in operation) by telephone or ‘live chat’, but not through other component of the Website such as e-mail. When we do so: 4.2.1. your instruction to Trade will constitute an offer to enter into a Trade at the price we quote. Trades placed by telephone or ‘live chat’ will only be accepted at the current Our Price; 4.2.2. you can place an Order only by dealing directly with an authorised dealer. We will not accept an Order left with other employees, on an answering machine or on a voice mail facility; 4.2.3. you and we will be bound by a Trade only when our authorised dealer confirms that the offer has been accepted. 4.3. You may place an electronic Order on the Trading Platform at any time or, subject to clause 4.2, you may place a telephone or ‘live chat’ Order with an authorised dealer during our Trading Hours. However, we will execute Trades only during times which are both our Trading Hours and the Market Hours for the relevant Market. Market Hours are stated in the Market Information. We will advise you of any change to our Trading Hours or Market Hours on the Website or Trading Platform, and where reasonably practicable we will provide you with no less than two Business Days notice of any such change. 4.4. Prices quoted by us (whether on the Trading Platform, by telephone, ‘live chat’ or otherwise) do not constitute a contractual offer to enter into a Trade at the prices quoted or at all. We reserve the right to refuse to enter into any Trade. Such situations include but are not limited to, when: 4.4.1. Trades are placed outside of the Market Hours (clause 4.3); 4.4.2. Trades are larger than the maximum Quantity or smaller than the minimum Quantity we set for the Market (clause 4.6); 4.4.3. your Trading Resource is insufficient to fund the proposed Trade (clause 10); 4.4.4. entry into the Trade would cause you to exceed the maximum Total Margin, if any, applied to your Account (clause 10); 4.4.5. Our Price or the Trade derives from a Manifest Error (clause 15); 4.4.6. Events Outside Our Control or Market Disruption Events have occurred (clause 16); 4.4.7. any amount you owe us has not been paid (clause 17); and 4.4.8. we believe the Trade would be in breach of this Agreement or any legal or regulatory requirement applicable to you or us. 4.5. If we accept a Trade before becoming aware of any of the events described in clauses 4.4, we may in our sole discretion treat the Trade as void (as if the Trade had never occurred) or close the Open Position at Our Price prevailing at the time we close the Open Position. If we choose to maintain the Open Position, you will be liable for the full value of the Trade when it is closed. 4.6. We may set minimum and maximum Quantities for opening and/or closing Trades in each Market and different minimum and maximum Quantities for Trades placed on the Trading Platform, ‘live chat’ or by telephone. Minimum and maximum Quantities are stated in the Market Information. Trades to close an Open Position are subject to the minimum and maximum Quantity valid at the time that the closing Trade is executed. We may be unable to execute Trades at Our Price which are larger than our maximum Quantity or smaller than our minimum Quantity. Where you wish to execute a Trade whose size exceeds our maximum Quantity, you may request a quote. Where a Trade is executed through several transactions at varying prices you will be charged separate fees and commission for each individual transaction. If multiple Trade instructions are placed or triggered, which in aggregate exceed our maximum Quantity for the relevant Market, we may in our sole discretion take any of the following action: (a) refuse to enter into all or some of the Trades; and/or b) partially fill your Trades. We may vary the minimum and maximum Quantity from time to time and new minimum and maximum Quantities will be effective at the time of publication. 4.7. Subject to our right to refuse to enter into any Trade, we will use our reasonable endeavours to execute a Trade within a reasonable time after we receive it or after the conditions for an Order are fulfilled. 4.8. Where your Open Position is larger than our maximum Quantity and you have not closed it before its expiry date, we may roll over the Open Position rather than settle it.

Appears in 2 contracts

Samples: Customer Agreement, Customer Agreement

AutoNDA by SimpleDocs

INSTRUCTIONS AND BASIS OF DEALING. 4.1. You may give us instructions for Trades via the Trading Platform, or by such other means as we may from time to time specify to you in writing. In such circumstances: 4.1.1. when you do so you are offering to enter into a Trade with us at the price we quote as adjusted (if applicable) within your specified Price Tolerance when you complete all obligatory fields and click the relevant button; and 4.1.2. when we receive your offer we will provide you with an electronic acknowledgement but you and we will be bound by a Trade only when details of the Trade are reported as executed on the Trading Platform. If you do not see details of the executed Trade on the Trading Platform, please contact us immediately to confirm the status of the Trade. After we execute the Trade we will send you a Trade Confirmation as described in clause 12. 4.2. We may in our sole discretion accept instructions for Trades (including closing only Trades when our Trading Platform is not in operation) by telephone or ‘live chat’, but not through other component of the Website such as e-mail. When we do so: 4.2.1. your instruction to Trade will constitute an offer to enter into a Trade at the price we quote. Trades placed by telephone or ‘live chat’ will only be accepted at the current Our Price; 4.2.2. you can place an Order only by dealing directly with an authorised dealer. We will not accept an Order left with other employees, on an answering machine or on a voice mail facility; 4.2.3. you and we will be bound by a Trade only when our authorised dealer confirms that the offer has been accepted. 4.3. You may place an electronic Order on the Trading Platform at any time or, subject to clause 4.2, you may place a telephone or ‘live chat’ Order with an authorised dealer during our Trading Hours. However, we will execute Trades only during times which are both our Trading Hours and the Market Hours for the relevant Market. Market Hours are stated in the Market Information. We will advise you of any change to our Trading Hours or Market Hours on the Website or Trading Platform, and where reasonably practicable we will provide you with no less than two Business Days notice of any such change. 4.4. Prices quoted by us (whether on the Trading Platform, by telephone, ‘live chat’ or otherwise) do not constitute a contractual offer to enter into a Trade at the prices quoted or at all. We reserve the right to refuse to enter into any Trade. Such situations include but are not limited to, when: 4.4.1. Trades are placed outside of the Market Hours (clause 4.3); 4.4.2. Trades are larger than the maximum Quantity or smaller than the minimum Quantity we set for the Market (clause 4.6); 4.4.3. your Trading Resource is insufficient to fund the proposed Trade (clause 10); 4.4.4. entry into the Trade would cause you to exceed the maximum Total Margin, if any, applied to your Account (clause 10); 4.4.5. Our Price or the Trade derives from a Manifest Error (clause 15); 4.4.6. Events Outside Our Control or Market Disruption Events have occurred (clause 16); 4.4.7. any amount you owe us has not been paid (clause 17); and 4.4.8. we believe the Trade would be in breach of this Agreement or any legal or regulatory requirement applicable to you or us. 4.5. If we accept a Trade before becoming aware of any of the events described in clauses 4.4, we may in our sole discretion treat the Trade as void (as if the Trade had never occurred) or close the Open Position at Our Price prevailing at the time we close the Open Position. If we choose to maintain the Open Position, you will be liable for the full value of the Trade when it is closed. 4.6. We may set minimum and maximum Quantities for opening and/or closing Trades in each Market and different minimum and maximum Quantities for Trades placed on the Trading Platform, ‘live chat’ or by telephone. Minimum and maximum Quantities are stated in the Market Information. Trades to close an Open Position are subject to the minimum and maximum Quantity valid at the time that the closing Trade is executed. We may be unable to execute Trades at Our Price which are larger than our maximum Quantity or smaller than our minimum Quantity. Where you wish to execute a Trade whose size exceeds our maximum Quantity, you may request a quote. Where a Trade is executed through several transactions at varying prices you will be charged separate fees and commission for each individual transaction. If multiple Trade instructions are placed or triggered, which in aggregate exceed our maximum Quantity for the relevant Market, we may in our sole discretion take any of the following action: (a) refuse to enter into all or some of the Trades; and/or b) partially fill your Trades. We may vary the minimum and maximum Quantity from time to time and new minimum and maximum Quantities will be effective at the time of publication. 4.7. Subject to our right to refuse to enter into any Trade, we will use our reasonable endeavours to execute a Trade within a reasonable time after we receive it or after the conditions for an Order are fulfilled. 4.8. Where your Open Position is larger than our maximum Quantity and you have not closed it before its expiry date, we may roll over the Open Position rather than settle it.

Appears in 1 contract

Samples: Customer Agreement

AutoNDA by SimpleDocs

INSTRUCTIONS AND BASIS OF DEALING. 4.1. 4.1 You may give us instructions for Trades via the Trading Platform, which forms part of our Website (but not through other components of the Website such as email or by such other means as we may from time to time specify to ‘live chat'). When you in writing. In such circumstancesdo so: 4.1.1. when 4.1.1 When you do so you are offering to enter into a Trade with us at the price we quote as adjusted (if applicable) within your specified Price Tolerance when you complete all obligatory fields and click the relevant buttonicon; and 4.1.2. when 4.1.2 When we receive your offer we will provide you with an electronic acknowledgement but you and we will be bound by a Trade only when details of the Trade are reported as executed on the Trading Platform. If you do not see details of the executed Trade on the Trading Platform, please contact call us immediately to confirm the status of the Trade. After we execute the Trade we will send you a Trade Confirmation contract note as described in clause 12. 4.2. 4.2 We may in our sole discretion accept instructions for Trades (including closing only Trades when our Trading Platform is not in operation) by telephone or ‘live chat’, but not through other component of the Website such as e-mailtelephone. When we do If wedo so: 4.2.1. your 4.2.1 Your oral instruction to Trade will constitute an offer to enter into a Trade at the price we quote. Trades placed by telephone or ‘live chat’ will only be accepted at the current Our Price; 4.2.2. you 4.2.2 You can only place an Order only by dealing directly with telephone if it is received by an authorised dealer. We will not accept an Order left with other employees, on an answering machine or on a voice mail facility; 4.2.3. you 4.2.3 You and we will be bound by a Trade only when our authorised dealer confirms that the offer has been accepted. 4.3. 4.3 You may place an electronic Order on the Trading Platform at any time or, subject to clause 4.2, or you may place a telephone or ‘live chat’ Order with an authorised dealer during our Trading Hours. However, we will execute Trades only during times which are both our Trading Hours and the Market Hours for the relevant MarketTrading Hours. Market Trading Hours are stated in on the Market Informationwebsite. We will advise you of any change to our Trading Hours or Market Trading Hours on the Website or Trading Platform, website and where reasonably practicable we will provide you with no less than two Business Days notice of any such change. 4.4. Prices quoted by us (whether on the Trading Platform, by telephone, ‘live chat’ or otherwise) do not constitute a contractual offer to enter into a Trade at the prices quoted or at all. 4.4 We reserve the right to refuse to enter into any Trade. Such situations include but are not limited to, when: 4.4.1. 4.4.1 Trades are placed outside of the Market Trading Hours (clause 4.3); 4.4.2. 4.4.2 Trades are larger than the maximum Quantity or smaller than the minimum Quantity we set for the Market requested in sizes which are different from our standard Lot Size (clause 4.5 Unit Sizes (clause 4.6); 4.4.3. your Trading Resource is insufficient to fund the proposed Trade (clause 10); 4.4.4. entry into the Trade would cause you to exceed the maximum Total Margin, if any, applied to your Account (clause 10); 4.4.5. Our Price or the Trade derives from a Manifest Error (clause 15); 4.4.6. Events Outside Our Control or Market Disruption Events have occurred (clause 16); 4.4.7. any amount you owe us has not been paid (clause 17); and 4.4.8. we believe the Trade would be in breach of this Agreement ) or any legal or regulatory requirement applicable to you or us. 4.5. If we accept a Trade before becoming aware of any of the events described in clauses 4.4, minimum deposit sizes we may in our sole discretion treat the Trade as void (as if the Trade had never occurred) or close the Open Position at Our Price prevailing at the time we close the Open Position. If we choose to maintain the Open Position, you will be liable for the full value of the Trade when it is closed. 4.6. We may set minimum and maximum Quantities for opening and/or closing Trades in each Market and different minimum and maximum Quantities for Trades placed on the Trading Platform, ‘live chat’ or by telephone. Minimum and maximum Quantities are stated in the Market Information. Trades to close an Open Position are subject to the minimum and maximum Quantity valid at the time that the closing Trade is executed. We may be unable to execute Trades at Our Price which are larger than our maximum Quantity or smaller than our minimum Quantity. Where you wish to execute a Trade whose size exceeds our maximum Quantity, you may request a quote. Where a Trade is executed through several transactions at varying prices you will be charged separate fees and commission for each individual transaction. If multiple Trade instructions are placed or triggered, which in aggregate exceed our maximum Quantity for the relevant Market, we may in our sole discretion take any of the following action: (a) refuse to enter into all or some of the Trades; and/or b) partially fill your Trades. We may vary the minimum and maximum Quantity from time to time and new minimum and maximum Quantities will be effective at the time of publication. 4.7. Subject to our right to refuse to enter into any Trade, we will use our reasonable endeavours to execute a Trade within a reasonable time after we receive it or after the conditions require for an Order are fulfilled. 4.8. Where your Open Position is larger than our maximum Quantity and you have not closed it before its expiry date, we may roll over the Open Position rather than settle it.Instrument from time-to-time;

Appears in 1 contract

Samples: Terms and Conditions

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!