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Common use of Placing an Order Clause in Contracts

Placing an Order. 7.1. TD365 is not obliged to accept any Order from you and it will notify you of any refusal as soon as reasonably practicable. 7.2. TD365 may accept an Order from you at any time but will only execute an Order during Trading Hours unless otherwise agreed by us. 7.3. Orders must be made on the telephone by talking directly to a Dealer or via our Trading Platform. We have no obligation to accept Orders via any other medium including, without limitation, via email, letter, or verbal conversations over non- recorded telephone lines. 7.4. When placing an Order over the telephone, you must give your name and Account number or username and the instruction must either be to buy a CFD Transaction at the Ask Price (also referred to as ‘going long’) or to sell a CFD Transaction at the Bid Price (also referred to as ‘going short’). Without this information, no Order will be accepted even if it is to close an Open Position. 7.5. TD365 will treat all Orders as a buy or a sell instruction without reference to whether such Orders are intended to open or close or part close a CFD Transaction. Any Orders made by the Client with reference to opening or closing or part closing a CFD Transaction are not binding on TD365. It is the Client’s responsibility to ensure that an Order actually closes or opens a CFD Transaction. 7.6. If you place an Order to open a long CFD Transaction in relation to a specific Underlying Instrument on an Account where at that time you already have a short CFD Transaction in relation to the same Underlying Instrument on that Account, or place an Order to open a short CFD Transaction in relation to an Underlying Instrument where you already have a long CFD Transaction in relation to the same Underlying Instrument, we will treat your Order to open the new position as an Order to close the existing position to the extent of the size of the Order and, if the Order is greater in size than the existing position, then the existing position will be closed in full and a new CFD Transaction opened in relation to the excess size of the Order unless you select the “Hedging” button on the deal ticket. If you select this option, we will treat your Order as an Order to open a separate new Open Position. 7.7. When dealing over the telephone, the Order will only be accepted by us when the Dealer confirms that the Order has been accepted. The verbal acceptance of an Order by a Dealer shall not affect either our rights or your rights in the event of a Pricing Error or a Manifest Error. 7.8. Before access is permitted to the Trading Platform, you will be obliged to enter your username and password. 7.9. When you place an Order on the Trading Platform, you will receive confirmation of that Order on screen. The validity of an Order will not be affected by a failure or delay in the notification of the Order placement. Please check the onscreen confirmation immediately on receipt to see that it accurately reflects your instructions. Unless we receive notice from you, immediately disputing the confirmation (or the contract terms it reflects) we shall assume that the terms of the CFD Transaction contained in the confirmation are accurate and binding on you. Non-receipt of a Confirmation shall not affect the validity of a CFD Transaction, and you should contact us as soon as possible if you have not received a confirmation. 7.10. Your username, password and Account number are extremely sensitive pieces of information. Any Order placed or CFD Transaction entered into on your Account either over the telephone or on the Trading Platform using either your username, Account number or your password will be deemed as valid Orders and CFD Transactions. You must not disclose your username, Account number or password to any person (except in accordance with clause 7.11). You must immediately inform us if you are aware or suspect that a third party has had access to your username, Account number or password or that any person other than you or your Authorised Person is dealing on your Account. 7.11. Any persons authorised to give Orders or instructions on your behalf as your Authorised Person are those notified by you to us and may be varied by written notice to TD365. We will not be bound by any such variation until written notice is received from you and confirmed by us. We may act upon the oral or written instructions of any person whom you have notified to TD365 as being your Authorised Person and where TD365 has not received from you a notice of revocation of that person's appointment as your Authorised Person regardless of whether or not that person is in fact authorised to provide those instructions. 7.12. We reserve the right to aggregate Orders. Aggregating an Order means that we combine your Order with the Orders of other Clients for execution as a single Order. We may do this only if we reasonably believe that this is in the overall best interests of Clients. However, on occasions, aggregation may result in you obtaining a less favourable price in relation to any particular Order. You acknowledge and agree that we shall not, under any such circumstances, have any liability to you as a result of any such working or aggregation of your Orders.

Appears in 4 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Placing an Order. 7.1. TD365 FOREXCFDS is not obliged to accept any Order from you and it will notify you of any refusal as soon as reasonably practicable. 7.2. TD365 FOREXCFDS may accept an Order from you at any time but will only execute an Order during Trading Hours unless otherwise agreed by us. 7.3. Orders must be made on the telephone by talking directly to a Dealer or via our Trading Platform. We have no obligation to accept Orders via any other medium including, without limitation, via email, letter, or verbal conversations over non- recorded telephone lines. 7.4. When placing an Order over the telephone, you must give your name and Account number or username and the instruction must either be to buy a CFD Transaction at the Ask Price (also referred to as ‘going long’) or to sell a CFD Transaction at the Bid Price (also referred to as ‘going short’). Without this information, no Order will be accepted even if it is to close an Open Position. 7.5. TD365 FOREXCFDS will treat all Orders as a buy or a sell instruction without reference to whether such Orders are intended to open or close or part close a CFD Transaction. Any Orders made by the Client with reference to opening or closing or part closing a CFD Transaction are not binding on TD365FOREXCFDS. It is the Client’s responsibility to ensure that an Order actually closes or opens a CFD Transaction. 7.6. If you place an Order to open a long CFD Transaction in relation to a specific Underlying Instrument on an Account where at that time you already have a short CFD Transaction in relation to the same Underlying Instrument on that Account, or place an Order to open a short CFD Transaction in relation to an Underlying Instrument where you already have a long CFD Transaction in relation to the same Underlying Instrument, we will treat your Order to open the new position as an Order to close the existing position to the extent of the size of the Order and, if the Order is greater in size than the existing position, then the existing position will be closed in full and a new CFD Transaction opened in relation to the excess size of the Order unless you select the “Hedging” button on the deal ticket. If you select this option, we will treat your Order as an Order to open a separate new Open Position. 7.7. When dealing over the telephone, the Order will only be accepted by us when the Dealer confirms that the Order has been accepted. The verbal acceptance of an Order by a Dealer shall not affect either our rights or your rights in the event of a Pricing Error or a Manifest Error. 7.8. Before access is permitted to the Trading Platform, you will be obliged to enter your username and password. 7.9. When you place an Order on the Trading Platform, you will receive confirmation of that Order on screen. The validity of an Order will not be affected by a failure or delay in the notification of the Order placement. Please check the onscreen confirmation immediately on receipt to see that it accurately reflects your instructions. Unless we receive notice from you, immediately disputing the confirmation (or the contract terms it reflects) we shall assume that the terms of the CFD Transaction contained in the confirmation are accurate and binding on you. Non-receipt of a Confirmation shall not affect the validity of a CFD Transaction, and you should contact us as soon as possible if you have not received a confirmation. 7.10. Your username, password and Account number are extremely sensitive pieces of information. Any Order placed or CFD Transaction entered into on your Account either over the telephone or on the Trading Platform using either your username, Account number or your password will be deemed as valid Orders and CFD Transactions. You must not disclose your username, Account number or password to any person (except in accordance with clause 7.11). You must immediately inform us if you are aware or suspect that a third party has had access to your username, Account number or password or that any person other than you or your Authorised Person is dealing on your Account. 7.11. Any persons authorised to give Orders or instructions on your behalf as your Authorised Person are those notified by you to us and may be varied by written notice to TD365FOREXCFDS. We will not be bound by any such variation until written notice is received from you and confirmed by us. We may act upon the oral or written instructions of any person whom you have notified to TD365 FOREXCFDS as being your Authorised Person and where TD365 FOREXCFDS has not received from you a notice of revocation of that person's appointment as your Authorised Person regardless of whether or not that person is in fact authorised to provide those instructions. 7.12. We reserve the right to aggregate Orders. Aggregating an Order means that we combine your Order with the Orders of other Clients for execution as a single Order. We may do this only if we reasonably believe that this is in the overall best interests of Clients. However, on occasions, aggregation may result in you obtaining a less favourable price in relation to any particular Order. You acknowledge and agree that we shall not, under any such circumstances, have any liability to you as a result of any such working or aggregation of your Orders.

Appears in 2 contracts

Samples: Client Agreement, Client Agreement

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