Common use of Providing Instructions Clause in Contracts

Providing Instructions. 8.1 If the Client uses easyMarkets’ online transaction system (Online Platform), the Client confirms and accepts the following: (a) the Client may be able to enter into Contracts at the rates and/or prices quoted on the Online Platform. (b) all transactions must be completed using the logins and passwords allocated to the Client by easyMarkets and valid entry of such a login and password will constitute an authorisation by the Client to complete the Contract specified irrespective of whether the login and password are entered by an Authorised User. (c) the Client must ensure that the logins and passwords are kept secure and confidential. The Client will advise easyMarkets immediately if the Client has any reason to believe that the login and passwords allocated to the Client or have not been kept secure and confidential. (d) the Client must ensure that no unauthorised person is able to use the logins and passwords. (e) easyMarkets may at any time without notice suspend, withdraw or deny access to the Online Platform for any reason including but not limited to security, quality of service, failure by the Client to pay an amount when due or breach by the Client of any provision of this Agreement. If and while such access is suspended: (i) the Client will be able to close any Open Positions but will not be entitled to enter into new Contracts. (ii) easyMarkets may, at its sole discretion (without or without notice), close out the Client’s Open Positions at prices it considers fair and reasonable at that time, and the Client agrees not to make any claim against easyMarkets in this regard. (f) easyMarkets may change the minimum specification required to access the Online Platform and may also make operational changes to and alter the services currently available at any time. easyMarkets will notify Clients of such changes by either placing a message on the easyMarkets Website, log on page of the Online Platform or by email or SMS. (g) the Client is responsible for obtaining, maintaining and ensuring compatibility of their electronic software, devices and equipment. easyMarkets will not be responsible for any loss of or damage to a Client’s data, software, computer, electronic devices, telecommunications or other equipment caused by use of the Online Platform, unless such loss or damage is directly and solely caused by our negligence or deliberate default. (h) the Client is responsible for ensuring that their electronic devices and equipment are free from viruses and other malware and easyMarkets will not be responsible for any losses incurred by failure to do this. easyMarkets shall use reasonable endeavours to keep the Online Platform free from viruses and corrupt files but cannot guarantee that the Online Platform will be free from infection by viruses or anything else with contaminating or destructive properties. easyMarkets is not able to guarantee that access to the Online Platform will be uninterrupted, continuous or error free. (i) the Client must not: (i) misuse the Online Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the Online Platform or any server, computer or database connected the Online Platform; (iii) attack the Online Platform via a denial-of-service attack or a distributed denial-of-service attack. (iv) either through deliberate action or negligence, engage in any ‘wilful misconduct’ in their account, as defined by this client agreement. By breaching this provision of the agreement, easyMarkets reserves the right to cancel any affected trades and or associated profits and close the client’s account and refund initial deposits and or remaining account balances. In this instance the Client may also commit a criminal offence. easyMarkets may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a Client’s identity to them. In the event of such a breach, the Client’s right to use the Online Platform will cease immediately and without Notice. easyMarkets will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect a Client’s electronic devices and equipment. (j) the Client will be liable for all Contracts made when using the Online Platform including instances of any misuse, fraud or abuse by the Client or when the Client has disclosed or negligently shared their login or password details with a third party. 8.2 The Client acknowledges agrees and acknowledges, that easyMarkets may make a recording of any telephone conversation between any person and easyMarkets at any time. The recording remains the property of easyMarkets. The telephone recording can be used by easyMarkets to confirm the terms and conditions of any transaction where there is dispute with a Client as to the Trade Contract Terms of the transaction, and for training, monitoring and compliance purposes.

Providing Instructions. 8.1 18.1 If the Client uses easyMarkets’ Neuko’s online transaction system systems (the “Online Platform), ”) the Client confirms and accepts the following: (a) the The Client may be able to enter into Contracts at the rates and/or prices quoted on the Online Platform. (b) all All transactions must be completed using the logins and passwords allocated to the Client by easyMarkets Neuko and valid entry of such a login and password will constitute an authorisation by the Client to complete the Contract specified irrespective of whether the login and password are entered by an Authorised User. (c) the The Client must ensure that the logins and passwords are kept secure and confidential. The Client must also ensure that each Authorised User to whom a login and password is provided, will keep them secure and confidential. The Client will advise easyMarkets Xxxxx immediately if the Client has any reason to believe that the login and passwords allocated to the Client or have not been kept secure and confidential. (d) the The Client must ensure that no unauthorised person is able to use the logins and passwords. As part of this obligation the Client must ensure that each Authorised User quits the Internet browser after using the Online Platform. (e) easyMarkets Neuko may at any time without notice Notice to the Client suspend, withdraw or deny access to the Online Platform for any reason including but not limited to security, quality of service, failure by the Client to pay an amount when due or breach by the Client of any provision of this Agreement. If and while such access is suspended:. (i) the Client will be able to close any Open Positions but 18.2 Neuko will not be entitled typically accept Instructions face to face at Xxxxx’s Registered Office. However, Neuko may at its discretion allow an Authorised User to request Xxxxx to accept Instructions, enter into new Contracts. (ii) easyMarkets may, at its sole discretion (without or without notice), close out the ClientContracts and make financial dealings by physically visiting Xxxxx’s Open Positions at prices it considers fair and reasonable at that time, and the Client agrees not to make any claim against easyMarkets in this regard. (f) easyMarkets may change the minimum specification required to access the Online Platform and may also make operational changes to and alter the services currently available at any timeRegistered Office. easyMarkets will notify Clients of such changes by either placing a message on the easyMarkets Website, log on page of the Online Platform or by email or SMS. (g) the Client is responsible for obtaining, maintaining and ensuring compatibility of their electronic software, devices and equipment. easyMarkets will not be responsible for any loss of or damage to a Client’s data, software, computer, electronic devices, telecommunications or other equipment caused by use of the Online Platform, unless such loss or damage is directly and solely caused by our negligence or deliberate default. (h) the Client is responsible for ensuring that their electronic devices and equipment are free from viruses and other malware and easyMarkets will not be responsible for any losses incurred by failure to do this. easyMarkets shall use reasonable endeavours to keep the Online Platform free from viruses and corrupt files but cannot guarantee that the Online Platform will be free from infection by viruses or anything else with contaminating or destructive properties. easyMarkets is not able to guarantee that access to the Online Platform will be uninterrupted, continuous or error free. (i) the Client must not: (i) misuse the Online Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the Online Platform or any server, computer or database connected the Online Platform; (iii) attack the Online Platform via a denial-of-service attack or a distributed denial-of-service attack. (iv) either through deliberate action or negligence, engage in any ‘wilful misconduct’ in their account, as defined by this client agreement. By breaching this provision of the agreement, easyMarkets reserves the right to cancel any affected trades and or associated profits and close the client’s account and refund initial deposits and or remaining account balances. In this instance the Client may also commit a criminal offence. easyMarkets may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a Client’s identity to them. In the event of such a breach, the Client’s right to use the Online Platform will cease immediately and without Notice. easyMarkets will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect a Client’s electronic devices and equipment. (j) the Client will be liable for all Contracts made when using the Online Platform including instances of any misuse, fraud or abuse by the Client or when the Client has disclosed or negligently shared their login or password details with a third party. 8.2 The Client acknowledges and agrees that upon the acceptance by Xxxxx of the Authorised User’s Instructions, the Client shall be bound by those Instructions. 18.3 The Client acknowledges and acknowledgesagrees, and will ensure that each Authorised User acknowledges and agrees, that easyMarkets Xxxxx may make a recording of any telephone conversation between any person and easyMarkets Xxxxx at any time. The recording remains the property of easyMarkets. The telephone recording can be used by easyMarkets to confirm the terms and conditions of any transaction where there is dispute with a Client as to the Trade Contract Terms of the transaction, and for training, monitoring and compliance purposesXxxxx.

Providing Instructions. 8.1 7.1 If the Client uses easyMarkets’ online transaction system (Online Platform), the Client confirms and accepts the following: (a) the Client may be able to enter into Contracts at the rates and/or prices quoted on the Online Platform. (b) all transactions must be completed using the logins and passwords allocated to the Client by easyMarkets and valid entry of such a login and password will constitute an authorisation by the Client to complete the Contract specified irrespective of whether the login and password are entered by an Authorised User. (c) the Client must ensure that the logins and passwords are kept secure and confidential. The Client will advise easyMarkets immediately if the Client has any reason to believe that the login and passwords allocated to the Client or have not been kept secure and confidential. (d) the Client must ensure that no unauthorised person is able to use the logins and passwords. (e) easyMarkets may at any time without notice suspend, withdraw or deny access to the Online Platform for any reason including but not limited to security, quality of service, failure by the Client to pay an amount when due or breach by the Client of any provision of this Agreement. If and while such access is suspended: (i) the Client will be able to close any Open Positions but will not be entitled to enter into new Contracts. (ii) easyMarkets may, at its sole discretion (without or without notice), close out the Client’s Open Positions at prices it considers fair and reasonable at that time, and the Client agrees not to make any claim against easyMarkets in this regard. (f) easyMarkets may change the minimum specification required to access the Online Platform and also may also make operational changes to and alter the services currently available at any time. easyMarkets will notify Clients of such changes by either placing a message on the easyMarkets Website, log on page of the Online Platform or by email or SMS. (g) the Client is responsible for obtaining, maintaining and ensuring compatibility of their electronic software, devices and equipment. easyMarkets will not be responsible for any loss of or damage to a Client’s data, software, computer, electronic devices, telecommunications or other equipment caused by use of the Online Platform, unless such loss or damage is directly and solely caused by our negligence or deliberate default. (h) the Client is responsible for ensuring that their electronic devices and equipment are free from viruses and other malware and easyMarkets will not be responsible for any losses incurred by failure to do this. easyMarkets shall use reasonable endeavours to keep the Online Platform free from viruses and corrupt files but cannot guarantee that the Online Platform will be free from infection by viruses or anything else with contaminating or destructive properties. easyMarkets is not able to guarantee that access to the Online Platform will be uninterrupted, continuous or error free. (i) the Client must not: (i) misuse the Online Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; (ii) attempt to gain unauthorised access to the Online Platform or any server, computer or database connected the Online Platform; (iii) attack the Online Platform via a denial-of-service attack or a distributed denial-of-service attack. (iv) either through deliberate action or negligence, engage in any ‘wilful misconduct’ in their account, as defined by this client agreement. By breaching this provision of the agreement, easyMarkets reserves the right to cancel any affected trades and or associated profits and close the client’s account and refund initial deposits and or remaining account balances. In this instance the Client may also commit a criminal offence. easyMarkets may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a Client’s identity to them. In the event of such a breach, the Client’s right to use the Online Platform will cease immediately and without Notice. easyMarkets will not be liable for any loss or damage caused by a distributed denial-of-service attack, virus or other technologically harmful material that may infect a Client’s electronic devices and equipment. (j) the Client will be liable for all Contracts made when using the Online Platform including instances of any misuse, fraud or abuse by the Client or when the Client has disclosed or negligently shared their login or password details with a third party. 8.2 7.2 The Client acknowledges agrees and acknowledges, that easyMarkets may make a recording of any telephone conversation between any person and easyMarkets at any time. The recording remains the property of easyMarkets. The telephone recording can be used by easyMarkets to confirm the terms and conditions of any transaction where there is dispute with a Client as to the Trade Contract Terms of the transaction, and for training, monitoring and compliance purposes.