Common use of Opening and Closing CFD Transactions Clause in Contracts

Opening and Closing CFD Transactions. 4.1 All CFD Transactions are entered into between you and FP Markets as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is opposite to the open CFD and thereby setting off both Transactions. 4.2 FP Markets will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to do so(including by an Trading Platform). If you wish to enter into a CFD Transaction you may submit an Order to FP Markets. FP Markets is not bound to enter into any CFD Transaction with you and may state another price or value at which it may deal with you. (a) You may request on any given Business Day by a Trading Platform, via telephone or otherwise FP Markets to quote a price at which FP Markets may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP Markets, you may by a Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets at the price quoted by FP Markets. (c) FP Markets is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined limit imposed on you under clause 4.2(g) below; or (ii) until FP Markets has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets upon acceptance by FP Markets of your offer to enter into the CFD. (e) If FP Markets accepts your offer to enter into a CFD, FP Markets will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets will promptly advise you if 36 FP Markets decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets will investigate the dispute and in co-operation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin calls made by FP Markets in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP Markets, beyond which you may not enter into any further CFDs whatever. (h) FP Markets may vary the limit imposed at any time in its absolute discretion.

Appears in 1 contract

Samples: Retail Client Account Terms

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Opening and Closing CFD Transactions. 4.1 4.1. All CFD Transactions are entered into between you and FP Markets PENTAGON CAPITAL MARKETS LTD as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is opposite to the open CFD and thereby setting off both TransactionsCFD. 4.2 FP Markets 4.2. PENTAGON CAPITAL MARKETS LTD will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to do so(including by an Online Trading Platform). ) to do so.. If you wish to enter into a CFD Transaction you may submit an Order to FP MarketsPENTAGON CAPITAL MARKETS LTD. FP Markets PENTAGON CAPITAL MARKETS LTD is not bound to enter into any CFD Transaction with you and may reserves the right to state another price or value at which it may deal with you. (a) You may request on any given Business Day by a an Online Trading Platform, via telephone or otherwise FP Markets PENTAGON CAPITAL MARKETS LTD to quote a price at which FP Markets PENTAGON CAPITAL MARKETS LTD may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP MarketsPENTAGON CAPITAL MARKETS LTD, you may by a Online Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets PENTAGON CAPITAL MARKETS LTD at the price quoted by FP MarketsPENTAGON CAPITAL MARKETS LTD. (c) FP Markets PENTAGON CAPITAL MARKETS LTD is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined limit imposed on you under clause 4.2(g) below; or (ii) or until FP Markets PENTAGON CAPITAL MARKETS LTD has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets PENTAGON CAPITAL MARKETS LTD upon acceptance by FP Markets PENTAGON CAPITAL MARKETS LTD of your offer to enter into the CFD. (e) If FP Markets PENTAGON CAPITAL MARKETS LTD accepts your offer to enter into a CFD, FP Markets PENTAGON CAPITAL MARKETS LTD will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets PENTAGON CAPITAL MARKETS LTD to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets PENTAGON CAPITAL MARKETS LTD will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets PENTAGON CAPITAL MARKETS LTD will promptly advise you if 36 FP Markets PENTAGON CAPITAL MARKETS LTD decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days 48 hours of issue receipt of a written Confirmation you notify FP Markets PENTAGON CAPITAL MARKETS LTD of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day 48 hour period of a disputed Transaction, FP Markets PENTAGON CAPITAL MARKETS LTD will investigate the dispute and in co-operation with you must endeavour to resolve the dispute in good faith. Not with standing Notwithstanding any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin cover and to pay Margin calls made by FP Markets PENTAGON CAPITAL MARKETS LTD in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets may PENTAGON CAPITAL MARKETS LTD reserves the right to limit the value of CFDs you may have outstanding under these Termsterms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP MarketsPENTAGON CAPITAL MARKETS LTD, beyond which you may not enter into any further CFDs whatever. (h) FP Markets PENTAGON CAPITAL MARKETS LTD may vary the limit imposed at any time in its absolute discretion. 4.3. If PENTAGON CAPITAL MARKETS LTD enters into a CFD Transaction with you for the acquisition of one or more CFDs: (a) PENTAGON CAPITAL MARKETS LTD will give you a Confirmation in respect of the CFD Transaction setting out, among other things, the number of CFDs acquired and the amount or amounts which you are required to pay, or are entitled to receive, in connection with the acquisition of the CFD; and (b) you or PENTAGON CAPITAL MARKETS LTD (as applicable), must pay the relevant amount referred to in paragraph 4.3 (a) by the time specified in the Confirmation.

Appears in 1 contract

Samples: Account Terms

Opening and Closing CFD Transactions. 4.1 4.1. All CFD Transactions are entered into between you and FP Markets ZERO Securities Pty Ltd as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is opposite to the open CFD and thereby setting off both Transactions. 4.2 FP Markets 4.2. ZERO Securities Pty Ltd will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to Platform) to do so(including by an Trading Platform). If you wish to enter into a CFD Transaction you may submit an Order to FP Markets. FP Markets ZERO Securities Pty Ltd. ZERO Securities Pty Ltd is not bound to enter into any CFD Transaction with you and may state another price or value at which it may deal with you. (a) You may request on any given Business Day by a Trading Platform, via telephone or otherwise FP Markets ZERO Securities Pty Ltd to quote a price at which FP Markets ZERO Securities Pty Ltd may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP MarketsZERO Securities Pty Ltd, you may by a Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets ZERO Securities Pty Ltd at the price quoted by FP Markets.ZERO Securities Pty Ltd. (c) FP Markets ZERO Securities Pty Ltd is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined predetermined limit imposed on you under clause 4.2(g) below; or (ii) until FP Markets ZERO Securities Pty Ltd has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets ZERO Securities Pty Ltd upon acceptance by FP Markets ZERO Securities Pty Ltd of your offer to enter into the CFD. (e) If FP Markets ZERO Securities Pty Ltd accepts your offer to enter into a CFD, FP Markets ZERO Securities Pty Ltd will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets ZERO Securities Pty Ltd to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets ZERO Securities Pty Ltd will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets ZERO Securities Pty Ltd will promptly advise you if 36 FP Markets ZERO Securities Pty Ltd decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets ZERO Securities Pty Ltd of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets ZERO Securities Pty Ltd will investigate the dispute and in co-operation cooperation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin calls made by FP Markets ZERO Securities Pty Ltd in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets ZERO Securities Pty Ltd may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP MarketsZERO Securities Pty Ltd, beyond which you may not enter into any further CFDs whatever. (h) FP Markets ZERO Securities Pty Ltd may vary the limit imposed at any time in its absolute discretion.

Appears in 1 contract

Samples: Retail Client Account Terms and Conditions

Opening and Closing CFD Transactions. 4.1 All CFD Transactions are entered into between you and FP Markets as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is CFDwhichis opposite to the tothe open CFD and thereby setting off both Transactions. 4.2 FP Markets will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including Outa CFD(including by an Trading Platform)to Platform) to do so(including so (including by an Trading Platform). If you wish to enter into a CFD Transaction you may submit an Order to FP Markets. FP Markets is not bound to enter into any CFD Transaction with you and may state another price or value at which it may deal with you. (a) You may request on any Youmayrequest onany given Business Day by a bya Trading Platform, via telephone viatelephone or otherwise FP Markets to quote a price at which FP Markets may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP Markets, you may by a Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets at the price quoted by FP Markets. (c) FP Markets is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined limit imposed on you under clause 4.2(g) below; or (ii) until FP Markets has received from FPMarketshas receivedfrom you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets upon acceptance by FP Markets of your offer to enter into the CFD. (e) If FP Markets accepts your offer to enter into a CFD, FP Markets will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets will promptly advise you if 36 FP Markets FPMarkets decides not to notto accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets will investigate the dispute and in co-operation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin calls made by FP Markets in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP Markets, beyond which you may not enter into any further CFDs whatever. (h) FP Markets may vary the limit imposed at any time in its absolute discretion.three

Appears in 1 contract

Samples: Retail Client Account Terms

Opening and Closing CFD Transactions. 4.1 4.1. All CFD Transactions are entered into between you and FP Markets KITCO MARKETS LLC as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is opposite to the open CFD and thereby setting off both TransactionsCFD. 4.2 FP Markets 4.2. KITCO MARKETS LLC will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to do so(including by an Online Trading Platform). ) to do so.. If you wish to enter into a CFD Transaction you may submit an Order to FP MarketsKITCO MARKETS LLC. FP Markets KITCO MARKETS LLC is not bound to enter into any CFD Transaction with you and may reserves the right to state another price or value at which it may deal with you. (a) You may request on any given Business Day by a Online Trading Platform, via telephone or otherwise FP Markets KITCO MARKETS LLC to quote a price at which FP Markets KITCO MARKETS LLC may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP MarketsKITCO MARKETS LLC, you may by a Online Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets KITCO MARKETS LLC at the price quoted by FP MarketsKITCO MARKETS LLC. (c) FP Markets KITCO MARKETS LLC is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined limit imposed on you under clause 4.2(g) below; or (ii) or until FP Markets KITCO MARKETS LLC has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets upon acceptance by FP Markets of your offer to enter into the CFD. (e) If FP Markets accepts your offer to enter into a CFD, FP Markets will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets will promptly advise you if 36 FP Markets decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets will investigate the dispute and in co-operation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin calls made by FP Markets in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP Markets, beyond which you may not enter into any further CFDs whatever. (h) FP Markets may vary the limit imposed at any time in its absolute discretion.

Appears in 1 contract

Samples: Account Terms

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Opening and Closing CFD Transactions. 4.1 4.1. All CFD Transactions are entered into between you and FP Markets ZERO Securities Pty Ltd as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is opposite to the open CFD and thereby setting off both Transactions. 4.2 FP Markets 4.2. ZERO Securities Pty Ltd will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to Platform) to do so(including by an Trading Platform). If you wish to enter into a CFD Transaction you may submit an Order to FP Markets. FP Markets ZERO Securities Pty Ltd. ZERO Securities Pty Ltd is not bound to enter into any CFD Transaction with you and may state another price or value at which it may deal with you. (a) You may request on any given Business Day by a Trading Platform, via telephone or otherwise FP Markets ZERO Securities Pty Ltd to quote a price at which FP Markets ZERO Securities Pty Ltd may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP MarketsZERO Securities Pty Ltd, you may by a Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets ZERO Securities Pty Ltd at the price quoted by FP Markets.ZERO Securities Pty Ltd. (c) FP Markets ZERO Securities Pty Ltd is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined predetermined limit imposed on you under clause 4.2(g) below; or (ii) until FP Markets ZERO Securities Pty Ltd has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets ZERO Securities Pty Ltd upon acceptance by FP Markets ZERO Securities Pty Ltd of your offer to enter into the CFD. (e) If FP Markets ZERO Securities Pty Ltd accepts your offer to enter into a CFD, FP Markets ZERO Securities Pty Ltd will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets ZERO Securities Pty Ltd to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets ZERO Securities Pty Ltd will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets ZERO Securities Pty Ltd will promptly advise you if 36 FP Markets ZERO Securities Pty Ltd decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets ZERO Securities Pty Ltd of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets ZERO Securities Pty Ltd will investigate the dispute and in co-operation cooperation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin Xxxxxx calls made by FP Markets ZERO Securities Pty Ltd in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets ZERO Securities Pty Ltd may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP MarketsZERO Securities Pty Ltd, beyond which you may not enter into any further CFDs whatever. (h) FP Markets ZERO Securities Pty Ltd may vary the limit imposed at any time in its absolute discretion.

Appears in 1 contract

Samples: Retail Client Account Terms and Conditions

Opening and Closing CFD Transactions. 4.1 All CFD Transactions are entered into between you and FP Markets as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which CFDwhich is opposite to the open totheopen CFD and thereby setting off both Transactions. 4.2 FP Markets will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to Platform) to do so(including so (including by an Trading Platform). If you wish to enter into a CFD Transaction you may submit an Order to FP Markets. FP Markets is not bound to enter into any CFD Transaction with you and may state another price or value at which it may deal with you. (a) You may request on any given Business Day by a bya Trading Platform, via telephone or otherwise FP Markets to quote a price at which FP Markets may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP Markets, you may by a Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets at the price quoted by FP Markets. (c) FP Markets is not obliged notobliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined limit imposed on you under clause 4.2(g) below; or (ii) until FP Markets has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets upon acceptance by FP Markets of your offer to enter into the CFD. (e) If FP Markets accepts your offer to enter into a CFD, FP Markets will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets will promptly advise you if 36 FP Markets FPMarkets decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets will investigate the dispute and in co-operation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin calls made by FP Markets in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP Markets, beyond which you may not enter into any further CFDs whatever. (h) FP Markets may vary the limit imposed at any time in its absolute discretion.three

Appears in 1 contract

Samples: Retail Client Account Terms and Conditions

Opening and Closing CFD Transactions. 4.1 4.1. All CFD Transactions are entered into between you and FP Markets as principal. The acquisition of a CFD involves entering into, or opening, a CFD. The disposal of a CFD involves Closing Out an open CFD by entering into another CFD which is opposite to the open CFD and thereby setting off both Transactions. 4.2 4.2. FP Markets will from time to time state the prices or values at which it may enter into a CFD Transaction with you, either to open or Close Out a CFD (including by an Trading Platform)to Platform) to do so(including by an Trading Platform). If you wish to enter into a CFD Transaction you may submit an Order to FP Markets. FP Markets is not bound to enter into any CFD Transaction with you and may state another price or value at which it may deal with you. (a) You may request on any given Business Day by a Trading Platform, via telephone or otherwise FP Markets to quote a price at which FP Markets may be prepared to enter into a CFD. You agree to and acknowledge that a price quotation pursuant to this request does not constitute an offer to enter into a new or close an existing CFD. (b) Upon receiving the quote from FP Markets, you may by a Trading Platform, via telephone or otherwise offer to enter into a CFD with FP Markets at the price quoted by FP Markets. (c) FP Markets is not obliged to accept your offer to enter into a CFD and, without limitation, is not obliged to accept your offer to enter into a CFD: (i) if you have exceeded or would exceed a pre-determined predetermined limit imposed on you under clause 4.2(g) below; or (ii) until FP Markets has received from you the Initial Margin required in the form of cleared funds to enter into the respective CFD. (d) The Initial Margin required to enter into a CFD, if not already received from you, will be payable to FP Markets upon acceptance by FP Markets of your offer to enter into the CFD. (e) If FP Markets accepts your offer to enter into a CFD, FP Markets will issue to you an electronic Confirmation of the CFD entered into shortly after it has been entered into. Failure by FP Markets to issue a Confirmation will not prejudice or affect the relevant CFD. FP Markets will not bear any liability whatever resulting from the failure to issue a Confirmation. FP Markets will promptly advise you if 36 FP Markets decides not to accept your offer to enter into a CFD. (f) You agree to examine the terms of each Confirmation immediately upon receipt and you agree that the contents of the Confirmation, in the absence of manifest error, will be conclusive evidence of the executed deal, unless within three (3) Business Days of issue of a written Confirmation you notify FP Markets of any disputed detail in the Confirmation received by you. Upon receipt of written notice within the three (3) Business Day period of a disputed Transaction, FP Markets will investigate the dispute and in co-operation cooperation with you must endeavour to resolve the dispute in good faith. Not with standing any such dispute, you must continue to satisfy your obligations to maintain the required minimum Margin and to pay Margin calls made by FP Markets in respect of the CFD as if the Confirmation was correct and the details contained in the Confirmation were not the subject of dispute. (g) In its absolute discretion, FP Markets may limit the value of CFDs you may have outstanding under these Terms. If you wish to enter into any further CFDs, you must seek and obtain approval from FP Markets, beyond which you may not enter into any further CFDs whatever. (h) FP Markets may vary the limit imposed at any time in its absolute discretion.

Appears in 1 contract

Samples: Retail Client Account Terms and Conditions

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