Common use of Procedure of Dispute Settlement Clause in Contracts

Procedure of Dispute Settlement. 10.1. Possible disputes and contradictions that arise from the execution of the present Agreement subject to settlement through the negotiations between the Parties. 10.2. In case of any dispute the Client who considers his/her interests to be violated, shall submit a claim to the Company. 10.3. Deadline for a claim: 10.3.1. The claim, submission of which is based on the relation of the Parties in regards to performance of trading transactions in exchange markets, shall be submitted by the Client within three working days from the date of appearance of ground for submission of such claim. 10.3.2. The claim, submission of which is connected with performance of non-trading operations and other reasons, shall be submitted by the Client within ten working days from the date of occurrence of the grounds for submission of such claim. 10.3.3. Failure to submit a claim by the Client within specified timeframe shall be deemed confirmation of the Client’s agreement with Company’s actions and absence of any disputes and controversies. 10.4. A claim submitted by the Client with violation of stated period shall not be considered by the Company. 10.5. The claim shall be executed by the Client in the form of e-mail and/or via ticket system in the personal account, and sent to the official electronic addresses published on the official website of the Company. Claims submitted in other form (at public Internet resources, by phone, by fax or in any other way), shall not be considered. 10.6. The claim must have following content: a. Name and last name of the Client; b. Login for trading platform; c. Description of dispute. 10.7. The claim submitted on the ground of trading transactions in exchange markets shall include the following: a. Date and time of occurrence of dispute (trading platform time is used); b. Ticket (number) of disputable position or pending order; c. Regulatory document name and number of paragraphs, that was violated by the Company according to the Client’ opinion; d. What actions the Company shall take to satisfy the claim according to the Client’s opinion. 10.8. The claim shall not contain: a. Emotional evaluation of the dispute; b. Abusive statements in regards to the Company and/or its employees; c. Swear words. 10.9. The Company has the right to decline a claim of the Client in case of failure to comply with the terms of execution and sending of such claim set forth in Procedure of dispute resolution section of this Agreement, and if the order under question was performed at the expense of the Company or profit mainly generated with the help of the Company's funds. 10.10. The Company considers a claim and makes a decision regarding disputable situation within the shortest possible timeframe. In case of availability of all data required for claim consideration term of its consideration shall be: 10.10.1. for the claims based on the trading transactions in exchange markets – ten working days from the receipt. 10.10.2. for the claims regarding other issues – twenty calendar days from the date of receipt. 10.11. In case if the Company has to request additional data and/or documents from the Client for the purpose of consideration of a claim, the beginning date of claim consideration shall be the date of receipt of all requested data and/or documents by the Company from the Client. 10.12. Log file of the server shall be the main source of information during settlement of disputes regarding trading transactions of the Client in exchange markets. Information contained in log file of server supersedes any other arguments during settlement of dispute, including information contained in the log file of client terminal. 10.13. In case the claim is considered to be reasonable settlement shall be performed in the form of compensatory payment credited to the Client’s trading account. The Company does not indemnify short-received profit of the Client including the cases, when the Client intended to take some action, but failed to do so due to some reason. The Company does not indemnify any indirect losses and moral damage. 10.14. In case of making a decision in favor of the Client on the disputable situation the Company shall credit compensatory payment to the trading account of the Client within one working day. 10.15. Peculiarities, specific conditions and possible ways of settlement of disputes regarding trading transactions performed by the Client are described in more details in respective sections of Regulations for performance of trading transactions, which is the Appendix to the present Agreement. 10.16. In case any dispute occurs that is not described herein and in appendixes hereto final decision on such claim shall be made by the Company based on common market practice, internal policy of the Company and Company’s vision of fair settlement of dispute. The Company can also use quotes from any other market maker for the comparative analysis of the quotes. 10.17. In case of failure to come to an agreement in the course of negotiations and/or disagreement of the Client with the decision made by the Company, the disputes subject to submission for consideration in the court of competent jurisdiction in accordance with the established provision of law.

Procedure of Dispute Settlement. 10.1. Possible disputes and contradictions that arise from the execution of the present Agreement subject to settlement through the negotiations between the Parties. 10.2. In case of any dispute the Client who considers his/her interests to be violated, shall submit a claim to the Company. 10.3. Deadline for a claim: 10.3.1. The claim, submission of which is based on the relation of the Parties in regards to performance of trading transactions in exchange markets, shall be submitted by the Client within three working days from the date of appearance of ground for submission of such claim. 10.3.2. The claim, submission of which is connected with performance of non-trading operations and other reasons, shall be submitted by the Client within ten working days from the date of occurrence of the grounds for submission of such claim. 10.3.3. Failure to submit a claim by the Client within specified timeframe shall be deemed confirmation of the Client’s agreement with Company’s actions and absence of any disputes and controversies. 10.4. A claim submitted by the Client with violation of stated period shall not be considered by the Company. 10.5. The claim shall be executed by the Client in the form of e-mail and/or via ticket system in the personal account, and sent to the official electronic addresses published on the official website of the Company. Claims submitted in other form (at public Internet resources, by phone, by fax phone or in any other way), shall not be considered. 10.6. The claim must have following content: a. Name and last name of the Client; b. Login for trading platform; c. Description of dispute. 10.7. The claim submitted on the ground of trading transactions in exchange markets shall include the following: a. Date and time of occurrence of dispute (trading platform time is used); b. Ticket (number) of disputable position or pending order; c. Regulatory document name and number of paragraphs, that was violated by the Company according to the Client’ opinion; d. What actions the Company shall take to satisfy the claim according to the Client’s opinion. 10.8. The claim shall not contain: a. Emotional evaluation of the dispute; b. Abusive statements in regards to the Company and/or its employees; c. Swear words. 10.9. The Company has the right to decline a claim of the Client in case of failure to comply with the terms of execution and sending of such claim set forth in Procedure of dispute resolution section of this Agreement, and if the order under question was performed at the expense of the Company or profit mainly generated with the help of the Company's funds. 10.10. The Company considers a claim and makes a decision regarding disputable situation within the shortest possible timeframe. In case of availability of all data required for claim consideration term of its consideration shall be: 10.10.1. for the claims based on the trading transactions in exchange markets – ten working days from the receipt. 10.10.2. for the claims regarding other issues – twenty calendar days from the date of receipt. 10.11. In case if the Company has to request additional data and/or documents from the Client for the purpose of consideration of a claim, the beginning date of claim consideration shall be the date of receipt of all requested data and/or documents by the Company from the Client. 10.12. Log file of the server shall be the main source of information during settlement of disputes regarding trading transactions of the Client in exchange markets. Information contained in log file of server supersedes any other arguments during settlement of dispute, including information contained in the log file of client terminal. 10.13. In case the claim is considered to be reasonable settlement shall be performed in the form of compensatory payment credited to the Client’s trading account. The Company does not indemnify short-received profit of the Client including the cases, when the Client intended to take some action, but failed to do so due to some reason. The Company does not indemnify any indirect losses and moral damage. 10.14. In case of making a decision in favor of the Client on the disputable situation the Company shall credit compensatory payment to the trading account of the Client within one working day. 10.15. Peculiarities, specific conditions and possible ways of settlement of disputes regarding trading transactions performed by the Client are described in more details in respective sections of Regulations for performance of trading transactions, which is the Appendix to the present Agreement. 10.16. In case any dispute occurs that is not described herein and in appendixes hereto final decision on such claim shall be made by the Company based on common market practice, internal policy of the Company and Company’s vision of fair settlement of dispute. The Company can also use quotes from any other market maker for the comparative analysis of the quotes. 10.17. In case of failure to come to an agreement in the course of negotiations and/or disagreement of the Client with the decision made by the Company, the disputes subject to submission for consideration in the court of competent jurisdiction in accordance with the established provision of law.

Procedure of Dispute Settlement. 10.1. Possible disputes and contradictions that arise from the execution of the present Agreement subject to settlement through the negotiations between the Parties. 10.2. In case of any dispute the Client who considers his/her interests to be violated, shall submit a claim to the Company. 10.3. Deadline for a claim: 10.3.1. The claim, submission of which is based on the relation of the Parties in regards to performance of trading transactions in exchange markets, shall be submitted by the Client within three working days from the date of appearance of ground for submission of such claim. 10.3.2. The claim, submission of which is connected with performance of non-trading operations and other reasons, shall be submitted by the Client within ten working days from the date of occurrence of the grounds for submission of such claim. 10.3.3. Failure to submit a claim by the Client within specified timeframe shall be deemed confirmation of the Client’s agreement with Company’s actions and absence of any disputes and controversies. 10.4. A claim submitted by the Client with violation of stated period shall not be considered by the Company. 10.5. The claim shall be executed by the Client in the form of e-mail and/or via ticket system in the personal account, and sent to the official electronic addresses published on the official website of the Company. Claims submitted in other form (at public Internet resources, by phone, by fax phone or in any other way), shall not be considered. 10.6. The claim must have following content: a. Name and last name of the Client; b. Login for trading platform; c. Description of dispute. 10.7. The claim submitted on the ground of trading transactions in exchange markets shall include the following: a. b. Date and time of occurrence of dispute (trading platform time is used); b. ; Ticket (number) of disputable position or pending order; c. Regulatory document name and number of paragraphs, that was violated by the Company according to the Client’ opinion; d. What actions the Company shall take to satisfy the claim according to the Client’s opinion. 10.8. The claim shall not contain: a. Emotional evaluation of the dispute; b. Abusive statements in regards to the Company and/or its employees; c. Swear words. 10.9. The Company has the right to decline a claim of the Client in case of failure to comply with the terms of execution and sending of such claim set forth in Procedure of dispute resolution section of this Agreement, and if the order under question was performed at the expense of the Company or profit mainly generated with the help of the Company's funds. 10.10. The Company considers a claim and makes a decision regarding disputable situation within the shortest possible timeframe. In case of availability of all data required for claim consideration term of its consideration shall be: 10.10.1. for the claims based on the trading transactions in exchange markets – ten working days from the receipt. 10.10.2. for the claims regarding other issues – twenty calendar days from the date of receipt. 10.11. In case if the Company has to request additional data and/or documents from the Client for the purpose of consideration of a claim, the beginning date of claim consideration shall be the date of receipt of all requested data and/or documents by the Company from the Client. 10.12. Log file of the server shall be the main source of information during settlement of disputes regarding trading transactions of the Client in exchange markets. Information contained in log file of server supersedes any other arguments during settlement of dispute, including information contained in the log file of client terminal. 10.13. In case the claim is considered to be reasonable settlement shall be performed in the form of compensatory payment credited to the Client’s trading account. The Company does not indemnify short-received profit of the Client including the cases, when the Client intended to take some action, but failed to do so due to some reason. The Company does not indemnify any indirect losses and moral damage. 10.14. In case of making a decision in favor of the Client on the disputable situation the Company shall credit compensatory payment to the trading account of the Client within one working day. 10.15. Peculiarities, specific conditions and possible ways of settlement of disputes regarding trading transactions performed by the Client are described in more details in respective sections of Regulations for performance of trading transactions, which is the Appendix to the present Agreement. 10.16. In case any dispute occurs that is not described herein and in appendixes hereto final decision on such claim shall be made by the Company based on common market practice, internal policy of the Company and Company’s vision of fair settlement of dispute. The Company can also use quotes from any other market maker for the comparative analysis of the quotes. 10.17. In case of failure to come to an agreement in the course of negotiations and/or disagreement of the Client with the decision made by the Company, the disputes subject to submission for consideration in the court of competent jurisdiction in accordance with the established provision of law.