Common use of REPORTING TO YOU Clause in Contracts

REPORTING TO YOU. 6.1 We shall provide the Services both by telephone and other means of electronic communication. We shall supply to You, on request, information about the status of the Services We provide to You. Subject to any Specific Terms, We will confirm transactions to You by the following means: (a) We shall promptly provide You, in a durable medium, with the essential information concerning the execution of an order. Unless provided to You by another person, We may also subsequently provide more detailed information regarding such transactions. (b) in respect of a verbal notification, confirmation, re-cap or other notification, You will be deemed to have received a trade notification from Us at the time of the conversation between FIS and Yourself concerning the Trade in question. (c) in the case of an electronic notification, You will be deemed to have received a trade notification, or other confirmation from Us immediately upon the receipt of a ‘sent’ notification from the relevant trading system which shall be dispatched to You within twenty four (24) hours following the date of the relevant transaction. 6.2 In the event You disagree with the contents of any trade notification or confirmation You receive from Us, You undertake to notify Us as soon as reasonably practicable and in no event later than twenty four (24) hours after receipt of such notification received by You. 6.3 In the absence of such notification from You under clause 6.2 above, You acknowledge and agree that the notification or confirmation will otherwise (in the absence of manifest error by FIS) be valid and binding on You. 6.4 For the avoidance of doubt, any notification by You pursuant to clause 6.2 above shall only require Us to make reasonable enquiry into the matter being disputed and such notification shall not act to automatically waive Your liability or be any acceptance of liability by Us to You. 6.5 In respect of transactions to be executed on a trading venue, if the trading venue rejects, cancels or refuses to accept a transaction for any reason (each such event, a “Rejection”), whilst We may (at our discretion) assist You in addressing the trading venue’s concerns, We shall have no obligation to do so, and no liability whatsoever if the trading venue continues with its Rejection of the transaction for any reason. All transactions executed on a trading venue shall be subject to the rules of such trading venue (including, but not limited to, any clearing rules) and in such event where there is a Rejection of the transaction by the trading venue, following the parties’ use of all reasonable endeavours to facilitate the acceptance of such a transaction, (and save where both the buyer and seller agree to enter into a bilateral transaction in place of such proposed trading venue transaction), such transaction shall be considered null and void and of no legal effect. 6.6 You consent to Our disclosing information or data in connection with or relating to You, this Agreement, transactions entered into by You, or the Services We provide to You, to regulatory bodies to the extent that We determine that We are required, permitted, or it is desirable to comply with Applicable Laws. Under Applicable Laws, We or Our agents or delegates, or the trading venue on which a transaction is executed, may be obliged to make information about certain orders or transactions public. You consent to this and agree and acknowledge that any and all proprietary rights in order or transaction information are owned by Us and You waive any duty of confidentiality attaching to the information which We reasonably disclose. Save where required by Applicable Law, You rather than FIS will be responsible for transaction reporting. 6.7 Transactions that You enter into on trading venues may be subject to limits on the number of open positions which You may hold. You are responsible for ensuring Your compliance with such position limits and related rules. 6.8 We are also subject to the applicable market abuse laws and regulations, which apply in respect of commodity contracts traded or admitted to trading on a trading venue or for which a request for such admission has been made. 6.9 You expressly consent to receiving information from Us by email and by means of Our Website, where it is appropriate for Us to provide information in this manner. Unless otherwise agreed, all communications between Us, and all information and documents supplied to You by Us, shall be in the English language.

Appears in 3 contracts

Samples: Terms of Business, Terms of Business, Terms of Business

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REPORTING TO YOU. 6.1 We shall provide the Services both by telephone and other means of electronic communication. We shall supply to You, on request, information about the status of the Services We provide to You. Subject to any Specific Terms, We will confirm transactions to You by the following means: (a) We shall promptly provide You, in a durable medium, with the essential information concerning the execution of an order. Unless provided to You by another person, We may also subsequently provide more detailed information regarding such transactions. (b) in 5.1 In respect of a verbal notification, confirmation, re-cap or other notificationnotification (“Notification”), You will be deemed to have received a trade notification Trade Notification from Us at the time of the conversation between FIS and Yourself concerning the Trade in question. (c) in . In the case of an electronic notificationa written Notification, You will be deemed to have received a trade notification, or other confirmation Trade Notification from Us immediately upon the receipt of a ‘sent’ notification from the relevant trading system which shall be dispatched to You within or if no such sent notification is received, in any event no more than twenty four (24) hours following the date of dispatch of the relevant transactionTrade notification, confirmation or re-cap. 6.2 In 5.2 Subject to the event limited exceptions set out in clause 5.3, on receipt (or deemed receipt) of a Notification, You disagree with are responsible for the contents due performance of the Trade in question and You will fully indemnify us from and against any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses and disbursements of any trade notification kind or confirmation You receive from Usnature whatsoever (including costs of enforcement) which may be suffered by, imposed on, incurred by or asserted against Us as a direct or indirect result of such failure. 5.3 You undertake to notify Us as soon as reasonably practicable and in practicable, but no event later than twenty four (24) hours after receipt of such notification received by notice as set out in clause 5.1 if You are not in agreement with any Trade Notification from Us, setting out in reasonable detail, the grounds for any disagreement. FIS shall have no liability for trade, fixture or deal differences that arise as a result of Notifications not being checked within twenty four (24) hours of FIS sending the same to You. 6.3 . In the absence of such notification from You under clause 6.2 aboveprompt notification, You acknowledge and agree that the notification or confirmation Trade Notification will otherwise (in the absence of manifest error by FIS) be valid and binding on You. 6.4 . For the avoidance of doubt, any notification by You pursuant to this clause 6.2 above 5.3 shall only require Us to make reasonable enquiry into the matter being disputed and such notification shall matter. However, it will not act to automatically waive Your liability or be any acceptance of liability by Us to YouUs. 6.5 In respect of transactions to be executed on a trading venue, if the trading venue rejects, cancels or refuses to accept a transaction for any reason (each such event, a “Rejection”), whilst We may (at our discretion) assist You in addressing the trading venue’s concerns, We shall have no obligation to do so, and no liability whatsoever if the trading venue continues with its Rejection of the transaction for any reason. All transactions executed on a trading venue shall be subject to the rules of such trading venue (including, but not limited to, any clearing rules) and in such event where there is a Rejection of the transaction by the trading venue, following the parties’ use of all reasonable endeavours to facilitate the acceptance of such a transaction, (and save where both the buyer and seller agree to enter into a bilateral transaction in place of such proposed trading venue transaction), such transaction shall be considered null and void and of no legal effect. 6.6 You consent to Our disclosing information or data in connection with or relating to You, this Agreement, transactions entered into by You, or the Services We provide to You, to regulatory bodies to the extent that We determine that We are required, permitted, or it is desirable to comply with Applicable Laws. Under Applicable Laws, We or Our agents or delegates, or the trading venue on which a transaction is executed, may be obliged to make information about certain orders or transactions public. You consent to this and agree and acknowledge that any and all proprietary rights in order or transaction information are owned by Us and You waive any duty of confidentiality attaching to the information which We reasonably disclose. Save where required by Applicable Law, You rather than FIS will be responsible for transaction reporting. 6.7 Transactions that You enter into on trading venues may be subject to limits on the number of open positions which You may hold. You are responsible for ensuring Your compliance with such position limits and related rules. 6.8 We are also subject to the applicable market abuse laws and regulations, which apply in respect of commodity contracts traded or admitted to trading on a trading venue or for which a request for such admission has been made. 6.9 You expressly consent to receiving information from Us by email and by means of Our Website, where it is appropriate for Us to provide information in this manner. Unless otherwise agreed, all communications between Us, and all information and documents supplied to You by Us, shall be in the English language.

Appears in 1 contract

Samples: Terms of Business

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REPORTING TO YOU. 6.1 We shall provide the Services GFI provides its services both by telephone and other means of electronic communication. We shall supply to You, on request, information about the status of the Services We provide to You. Subject to any Specific Terms, We will confirm transactions to You by any of the following meansmethods: (a) We shall promptly provide You, in a durable medium, with the essential information concerning the execution of an order. Unless provided to You by another person, We may also subsequently provide more detailed information regarding such transactions. (b) 6.1.1 in respect of a verbal notificationtransactions concluded verbally, confirmation, re-cap or other notification, You you will be deemed to have received a trade notification confirmation, or other notification, from Us us at the time of the conversation between FIS GFI and Yourself yourself concerning the Trade trade in question.; and (c) 6.1.2 in the case respect of an electronic notificationtransactions concluded electronically, You you will be deemed to have received a trade notificationconfirmation, or other confirmation notification, from Us immediately us upon the receipt of a ‘sent’ notification from the relevant trading system which shall be dispatched no more than twenty four (24) business hours from the date of transaction. 6.2 Notwithstanding the transaction method, GFI shall issue to You you a written confirmation for information purposes only within twenty four (24) business hours following the date of the relevant transactiona transaction being confirmed. 6.2 In the event 6.3 You disagree with the contents of any trade notification or confirmation You receive from Us, You undertake to will notify Us us as soon as reasonably practicable and in practicable, but no event later than twenty four (24) hours after receipt of such it, if you are not in agreement with the contents of any trade confirmation/notification received by You. 6.3 from us. In the absence of such notification from You under clause 6.2 aboveby you, You acknowledge and agree that the trade confirmation/notification or confirmation will otherwise (in the absence of manifest error by FISerror) be valid and binding on Youyou. 6.4 For Without prejudice to Clause 4 (Authority to Deal), GFI will provide you with a statement of account at the avoidance end of doubteach month and you shall forthwith examine all entries and report any discrepancies within 14 days of the date of the statement of account to GFI, any notification by You pursuant failing which you would be deemed to clause 6.2 above shall only require Us to make reasonable enquiry into have accepted the matter being disputed entries made in the statement of account as true and such notification shall not act to automatically waive Your liability or be any acceptance of liability by Us to Youcorrect. 6.5 In respect of transactions to be executed on Where GFI has located a trading venuecounterparty for a transaction, if the trading venue rejects, cancels or refuses to accept whether a transaction for any reason (each such event, a “Rejection”), whilst We may (is actually concluded at our discretion) assist You in addressing that time depends on the trading venue’s concerns, We shall have no obligation to do soproduct, and no liability whatsoever if could be subject to terms being agreed between you and the trading venue continues with its Rejection of the transaction for any reason. All transactions executed on a trading venue shall counterparty, or could be subject to the rules of such transaction being executed through the exchange by your trading venue (includingor clearing member. A transaction may be actually concluded or a binding agreement may not be entered into through GFI and you are required to determine for each transaction whether any further action or step is required to be taken by you, but not limited toor any further agreement is required to be made or entered into between you and the counterparty, any clearing rules) and in such event where there is a Rejection of for the transaction by the trading venueto be executed, following the parties’ use of all reasonable endeavours to facilitate the acceptance of such a transactioncompleted, (and save where both the buyer and seller agree to enter into a bilateral transaction in place of such proposed trading venue transaction), such transaction shall be considered null and void and of no legal effectcleared and/or settled. 6.6 You consent agree that GFI is not permitted to Our disclosing information fill or data in connection with execute any transaction for the purchase or relating to Yousale of a futures contract on a futures market by offsetting your order against the order of any other person, this Agreement, transactions entered into by You, and that such purchase or the Services We provide to You, to regulatory bodies to the extent that We determine that We are required, permitted, or it is desirable to comply with Applicable Laws. Under Applicable Laws, We or Our agents or delegates, or sale must be effected either on the trading venue on which a transaction is executed, may be obliged to make information about certain orders floor or transactions public. You consent to this electronic futures trading system or in accordance with the business rules and agree and acknowledge that any and all proprietary rights in order or transaction information are owned by Us and You waive any duty practices of confidentiality attaching to the information which We reasonably disclose. Save where required by Applicable Law, You rather than FIS will be responsible for transaction reportingfutures market. 6.7 Transactions that You enter into on trading venues may be subject to limits on the number of open positions which You may hold. You are responsible for ensuring Your compliance with such position limits and related rules. 6.8 We are also subject to the applicable market abuse laws and regulations, which apply in respect of commodity contracts traded or admitted to trading on a trading venue or for which a request for such admission has been made. 6.9 You expressly consent to receiving information from Us by email and by means of Our Website, where it is appropriate for Us to provide information in this manner. Unless otherwise agreed, all communications between Us, and all information and documents supplied to You by Us, shall be in the English language.

Appears in 1 contract

Samples: Terms of Business

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