Instructions and Communication. 4.1 We require our clients to give us instructions in writing, in English, to avoid possible disputes. If the matter is urgent we will accept oral instructions provided they are confirmed in writing. We will usually provide suitability letters with our recommendations before you enter into a transaction but on occasion these letters may be issued after the transaction has been implemented and by entering into this agreement, you hereby accept this post-transaction timing of the suitability letters. It is important that you provide us with accurate and up to date information about your circumstances and objectives. If any information you provide is inaccurate or if you limit the information provided, this could affect the suitability of the advice we provide.
4.2 When communicating with you, the acceptable forms of communication will be letter, fax, email and telephone, in English. We may record calls and retain for training and compliance purposes.
Instructions and Communication. 3.1 Where you, any Authorised Person, or any other person are lawfully permitted to give us instructions, provide consent or exercise powers in relation to the Plan, we will act on those instructions, received consent, exercise of powers subject to our overriding regulatory, fiduciary and legal duties under Isle of Man Law and other applicable laws.
3.2 Where we act as Trustee of the Plan, we are willing, in principle, to give consideration to your lawful requests regarding the activities of the Plan; however, we shall not be bound by those requests. Under Isle of Man law, trustees must always act in the best interests of the beneficiaries and of the Plan as a whole and their discretion cannot be fettered.
3.3 We are hereby authorised, but are not obliged, to rely upon or to act in accordance with any instruction which may from time to time be or purport to be given in writing, by fax, telephone or electronic mail by you or any Authorised Person without enquiry on our part as to the authority or identity of the person giving or purporting to give such instruction.
3.4 Notwithstanding the above, we may, at any time, do or refrain from doing any act if we shall, in our absolute discretion, consider it proper to do so in connection with the provision of the Services or, where we act as Trustee of the Plan our duty to the beneficiaries of the Plan, or in order to comply with the laws of any country having jurisdiction over the Plan or otherwise. We shall not have any liability hereunder for acting, or refraining from acting, in accordance with this clause 3.4.
3.5 You agree that we may communicate with you and any Authorised Person by post, courier, delivery service, fax, email (including unencrypted email), video conference or telephone (including VoIP, Skype or similar). We shall have no liability for any loss, damage or liability incurred by you or any Authorised Person or Plan property by reason of the use of email (whether arising from viruses or otherwise) and you and any Authorised Person hereby release us from any such liability.
3.6 You hereby agree to indemnify us against all losses, claims, actions, proceedings, demands, damages, costs and expenses incurred or sustained by us, howsoever arising, in connection with, or in relation to, any such instructions or requests given by, or purported to be given by you or any Authorised Person.
3.7 We shall not be liable to you or any Authorised Person or any other person for any loss, damage or expense incurr...
Instructions and Communication. (1) All Instructions for the execution of orders shall be transmitted to the Company via the Electronic Services. Once the Client’s orders are sent or given, they shall be irrevocable unless the Company, at its absolute discretion, can and chooses to validate an Instruction by the Client to withdraw any order, if such order has not been executed.
(2) The Company may accept orders in writing or by telephone and may confirm such transactions in the same way.
(3) When the Client signs this Document the Company shall give him a user ID and a password to his electronic account (“Electronic Account”). If the Client is already a user of the Electronic Services when signing this Document then this Document replaces the previous relevant agreement but the Client shall keep his current User ID and the relevant passwords.
(4) The Client hereby agrees and declares that he shall be solely responsible to monitor his Electronic Account and that:-
(A) He will be responsible for the safe keeping and use of his user ID and password to his Electronic Account,
(B) He will be responsible for all the orders that will be submitted through his user ID and password to his Electronic Account and all orders that are received in this manner shall be deemed to have been received from the Client, and (C) all the orders shall be deemed to have been received at the time they are received by the Company and in the form they have been received.
(5) The Client undertakes to immediately notify the Company if he:-
(A) Perceives any deficit or the theft of his user ID and password,
(B) Perceives any unauthorized use of his user ID and password of the Electronic Services or any Information, (C) perceives any failure to receive a message that the order he sent through the Electronic Services has been received and/or executed through the Electronic Services,
Instructions and Communication a) Generally, all instructions for the execution of orders shall be transmitted to the Company via the Electronic Services. Once the Client’s orders are sent or given, they are irrevocable unless the Company at its absolute discretion can and chooses to validate an instruction given by the Client to withdraw any order, provided such order has not been executed.
b) The Company may accept orders in writing or by telephone means and may confirm such transaction in the same way.
c) When the Client signs this Agreement the Company shall give him/her a “User ID” and a “Password” to his/her electronic account (“Electronic Account”). It is understood, that if on a day of signing of this Agreement the Client is already a user of the Electronic Services, then this Agreement shall replace the previous relevant contract and the Client shall keep and use his/her previous “User ID” with all the relevant passwords.
d) The Client hereby agrees and declares that he/she shall be solely responsible to monitor his/her Electronic Account and that he/she:
(1) will be responsible for the safe keeping and use of his/her User ID and Passwords to the Electronic Account;
(2) will be responsible for all the orders that will be submitted through his/her User ID and Password to his/her Electronic Account and all orders that are received in this manner shall be deemed to have been received from the Client and
(3) All the orders shall be deemed to have been received at the time they are received by the Company and in the form they have been received.
e) The Client undertakes to immediately notify the Company if he/she perceives:
(1) any deficit or the theft of his/her User ID and Password;
(2) any unauthorized use of his/her User ID and Password or the Electronic Services or any Information;
(3) any failure to receive a message that the order he/she sent through the Electronic Services has been received and/or executed through the Electronic Services;
(4) any failure to receive an accurate written confirmation of an order or its execution within the same day of its submission through the Electronic Services; or
(5) receives confirmation of an order he/she has not submitted, or any similar inaccurate or conflicting report, statement or Information.
f) The Client hereby agrees:
(1) Not to transmit or forward orders for transactions to the Company using any electronic communications other that the electronic means specified by the Company for the submission of orders. The Client acknowledge...
