Common use of Order Handling Clause in Contracts

Order Handling. We will attempt to execute all Transactions in accordance with your instructions, as received through our Trading Platform, via telephone, email, or other means we allow from time to time. Where prevailing rates are different from the rates posted on our Trading Platform, we will use commercially reasonable efforts to execute any Transactions on or close to the prevailing market rates. Regardless of whether we issue a written confirmation, you agree that a Contract shall have been formed and is binding upon the earlier of: (1) when Moneycorp verbally confirms the terms of a Transaction placed by telephone; (2) when Moneycorp sends a Confirmation confirming the terms of a Transaction entered by email or facsimile, or pursuant to a Standing Order; or (3) when Moneycorp sends a confirmation message to you through its Trading Platform. You hereby agree not to assume that any Transaction has been executed until you have received notification from us by the applicable method described above. We are not responsible for delays in transmission or execution of any Transaction due to disruption, failure, or malfunction of any of our systems or any third party system, and we are not liable for any claims, losses, damages, costs, or expenses, including attorneys’ fees, arising other than as a direct result of our gross negligence.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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Order Handling. We will attempt to execute all Transactions in accordance with your instructions, as received through our Trading Platform, via telephone, email, or other means we allow from time to time. Where prevailing rates are different from the rates posted on our Trading Platform, we will use commercially reasonable efforts to execute any Transactions on or close to the prevailing market rates. Regardless of whether we issue a written confirmation, you agree that a Contract shall have been formed and is binding upon the earlier of: (1) when Moneycorp verbally confirms the terms of a Transaction placed by telephone; (2) when Moneycorp sends a Confirmation confirming the terms of a Transaction entered by email or facsimile, or pursuant to a Standing Order; or (3) when Moneycorp sends a confirmation message to you through its Trading Platform. You hereby agree not to assume that any Transaction has been executed until you have received notification from us by the applicable method described above. We are not responsible for delays in transmission or execution of any Transaction due to disruption, failure, or malfunction of any of our systems or any third party system, and we are not liable for any claims, losses, damages, costs, or expenses, including attorneys’ legal fees, arising other than as a direct result of our wilful misconduct or gross negligence.

Appears in 2 contracts

Samples: Account Agreement, Account Agreement

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