Common use of Reports of Account Activity Clause in Contracts

Reports of Account Activity. We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily and monthly of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information (as defined below) via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent of the Parties", you agree that we are under no obligation to provide confirmations in hard copy or by e-mail rather than through our Online Trading Facility. By accepting these Terms and Conditions you agree not to receive any Account Information in printed form us other than upon specific request. You must verify the contents of all Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the Business Day following the day on such information is posted on our Online Trading Facility.

Appears in 3 contracts

Samples: Online Trading Agreement, Customer Agreement, Client Agreement

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Reports of Account Activity. We will post details of your Account account activity on our Online Trading Facility online trading facility and you will be able to generate daily and monthly reports of your Account account activity as well as a report of each executed Transaction and/or Contract. Updated Account account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Accountaccount. Posting of Account account Information (as defined below) via our Online Trading Facility online trading facility will be deemed delivery of Settlement/Trade Confirmations and Account account statements. Account account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Lawsapplicable laws, Rules rules and/or Regulations regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information account information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent of the Parties"determined, you agree that we are under no obligation to provide confirmations in hard copy or by e-mail rather than through our Online Trading Facilityonline trading facility. By accepting these Terms and Conditions you agree not to receive any Account Information account information in printed form us other than upon specific request. You must verify the contents of all Account Information account information received from us. The Account Information account information posted on our Online Trading Facility online trading facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions transactions and/or Contractscontracts, open positions, Margin margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the Business Day business day following the day on such information is posted on our Online Trading Facilityonline trading facility.

Appears in 1 contract

Samples: Client Agreement

Reports of Account Activity. We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily daily, monthly and monthly yearly reports of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information (as defined below) via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent CONSENT TO RECEIVE ELECTRONIC TRANSMISSION OF TRADE CONFIRMATIONS & ACCOUNT STATEMENTS‌ You consent to receive all Account information and Settlement/Trade Confirmations via the Internet and that Orders or instructions given to you via e-mail or other electronic means will constitute evidence of the Parties"Orders or Instructions given. You will be able to access all your Account information via our Online Trading Facility using your own Access Codes. You will have access via our Online Trading Facility to customizable statements that will allow you the ability to view, individual Transactions and/or Contracts, daily, weekly, and monthly reports and trade information. The updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after activity is generated in your Account. The posting of these activities will be deemed delivery of Settlement/Trade Confirmation and Account activity statements. The information will include Settlement/Trade Confirmations with ticket numbers, buy and sale rates, transaction amount, statements of profit and loss, current open positions as well as pending Orders. If you no longer wish to communicate via electronic media, you must notify us and revoke this consent in writing. If you do not wish to communicate via electronic media at all, you must inform us of your wishes when applying to open an Account with us. However, if you revoke your consent, your access to our Online Trading Facility may be restricted or terminated, at our sole discretion. As previously indicated, any such communications being made via electronic media shall be treated as satisfying any legal requirement that a communication should be signed and ‘in writing’, to the extent permitted by Applicable Laws, Rules and/or Regulations. Furthermore, you hereby waive any rights or requirements under any Applicable Laws, Rules and/or Regulations in any jurisdiction which require an original (non- electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. RECORDING OF TELEPHONE CONVERSATIONS, INTERNET CONVERSATIONS (CHAT), AND MEETINGS‌ Your telephone conversations, Electronic Messaging, e-mails, internet conversations (chat), meetings and other communications with us may be recorded/maintained by us. Any recordings shall be and shall remain our sole property and will be accepted by you as conclusive evidence of their content as recorded by us. You agree that we are under no obligation may deliver copies of transcripts of such recordings to provide confirmations any court, regulatory or government authority, including without limitation, in hard copy disputes which may arise between you and us. However, technical reasons may prevent us from recording a conversation, and recordings or transcripts made by e-mail rather than through us will be destroyed in accordance with our normal practice. Consequently, you should not rely on such recordings to be available. SETTLEMENT DATE AND OFFSET INSTRUCTIONS We will automatically close all open ‘CFD’/ ‘Spot Forex’ positions on your account at the end of the business day and reopen a new ‘CFD’/ ‘Spot Forex’ position on the following Business Day unless you instruct us to close your position(s) prior to 22:00 (GMT time). We will charge you a fee in respect of each such position (“Renewal Fee”). Open ‘CFD’/’Spot Forex’ positions closed before 22:00 (GMT time) will not be charged a Renewal Fee. The renewal Fees that we charge will be published on our Online Trading Facility. By accepting We shall attempt to collect such Renewal Fees from the free balance in your Account with us. In the event that there are no sufficient funds in your free balance to cover such Renewal Fees, you hereby agree that we may attempt to charge, at our sole discretion, such Renewal Fee(s) from your credit card(s). Please note that the minimum charge from a credit card is USD 3.00. Accordingly, any surplus balance, after paying the Xxxxxxx Xxx(s) will be credited to your balance. In the event that we are unable to collect such Renewal Fee(s), we reserve the right to close part, or all, of your open positions. You shall be liable for promptly paying all Renewal Fees(s), even if all Margin previously deposited by you has been lost. In the absence of clear and timely instructions from you, we are authorized, at our absolute discretion, to offset all or any portion of the currency positions in your Account(s) or to make or receive delivery on your behalf upon such terms and by such methods deemed reasonable by us. SUITABILITY AND APPROPRIATENESS If we (you and us) agree that we shall provide you with advisory dealing services, we will assess the suitability of such instruments or services provided or offered to you in accordance with the BERMUDA Rules on assessing suitability. If, on your own initiative, you asked us to provide you with execution-only dealing services in Non- Complex Products, we are not required to assess the appropriateness of the Financial Instrument or the Service provided or offered to you; as a result, you will not benefit from the protection of the BERMUDA Rules on assessing appropriateness; accordingly, when giving Orders or instructions to us, you must rely upon your own judgement; you should get independent advice from an authorised investment adviser if you have any doubt. If we are providing execution-only services to you in relation to Complex Products, we are required to assess whether it is appropriate for you to deal in a Complex Product by requesting from you certain information, relating to your experience and knowledge of trading such products, that will help us assess whether you understand the risks associated with dealing in them; typically, we will ask you for this information during the Account opening procedure, but we may need to ask you for additional information in the future if you decide to deal in a new product type or sector. If you do not provide sufficient information to allow us to carry out the appropriateness assessment, or if you do not provide any information at all, we will be unable able to assess whether you have the necessary knowledge and experience to understand the risks involved; if you still wish for us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that we may not be able to determine whether the dealing in the particular Complex Product is appropriate for you or is in your best interests. If, on the basis of the information that you have supplied to us in relation to your knowledge and experience, we consider that dealing in the particular Complex Product is not appropriate, we will warn you of this; if you still wish us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that it may not be appropriate for you and that you may be exposing yourself to risks that fall outside your knowledge and experience and/or which you may not have the knowledge or experience to properly assess and/or control to mitigate their consequences to you. Even where we carried out an appropriateness assessment, you may in any event wish to get independent advice from an authorised investment adviser if you have any doubts about dealing in Complex Products. THIRD PARTY MT4 LETTER OF DIRECTION Where we offer our clients the possibility to enter into Transactions in Financial Instruments via a Metatrader 4 trading platform that is utilising a third party bridge. The provisions of this Section apply to clients using the Metatrader 4 trading platform that is incorporating the third-party bridge (the “MT4 Program”). If you are utilising the MT4 Program, you agree to the provisions of this Section and authorises us to act accordingly. You understand that your trading access to the MT4 Program is provided by MetaQuotes Software Corporation, and not by us. You further acknowledge that MetaQuotes Software Corporation is an independent third party unrelated to us. You wish to utilise the MT4 Program to execute trades and to direct trade orders and trade details to us. Where you utilize the MT4 Program, you will not be entering trade orders and trade details directly with us, but rather will be entering trade orders and trade details via the MT4 Program, a third party. You hereby authorise and direct us to enter trades for your Account in accordance with trading signals generated and sent to us by the MT4 Program. In consideration of opening your Account, the you acknowledge and agree to the additional terms and conditions set forth hereinafter, as follows: you fully understand that the trade orders and trade details are generated by the MT4 Program and not by us and that our responsibility is to use commercially reasonable efforts to enter orders pursuant to the trade orders and trade details generated by the MT4 Program as received by us. You confirm that we have not solicited, or in any other way recommended, your use of the MT4 Program. You have made inquiries and conducted research into the MT4 Program sufficient to make an informed investment decision. We cannot imply or guarantee that you will make a profit from the MT4 Program and you agree that we will not be held responsible for the MT4 Program’s performance or trading losses incurred by you as a result of trading pursuant to the MT4 Program;we will enter trade orders for your account in accordance with the trade orders and trade details generated by the MT4 Program; if more than one of our customers uses the same system or service as the MT4 Program, you acknowledges and agree that we may enter block orders to enhance order execution, in which case a fair and systematic fill allocation method will be employed; you understand and acknowledge that we will only be responsible for using our commercially reasonable efforts to execute, in a timely fashion, the trade orders and trade details generated by the MT4 Program; we shall not be responsible for any error or malfunction of the MT4 Program, mechanical or communication line failure, system errors, data failure or any other causes beyond our reasonable control; you acknowledge that we can accept and execute orders only if actually received or generated and then on a “not held” basis (i.e., we shall not be held responsible for the execution of the order at the price indicated or otherwise). we may act upon the authority given by this Section until you revoke the authority by written notice addressed and actually delivered to us in accordance with these Terms and Conditions Conditions; we may also terminate the authorisation over the MT4 Program at any time for any reason in our sole discretion and, in that event, will provide you with written notice; you shall be responsible for any Open Positions in the your Account at the time the MT4 Program is terminated; you shall permit us to execute offsetting orders for any Open Positions in your Account at the time the letter of direction is terminated. You agree not that, in the absence of wilful or wanton misconduct, neither we, nor any of our officers, directors, employees, consultants, agents or affiliates will be held liable for any act or omission in the course of or in connection with your use of the MT4 Program; you shall keep us, our principals, officers, directors, employees, agents, successor and/or assigns harmless and you shall fully reimburse us, our principals, officers, directors, employees, agents, successor and/or assigns, from all losses and/or liability (including reasonable attorney’s and/or accountant’s fees) incurred or resulting from your use of the MT4 Program or our fulfilment of our authority under this Section, provided that there has been no judicial determination that such liability was the result of our gross negligence or recklessness or intentional misconduct. CHAPTER F: MARGIN DEPOSITS, COLLATERAL AND PAYMENT MARGIN AND COLLATERAL‌ Margin: As a condition of entering into a Margined Transaction, we may in our sole and absolute discretion require the deposit of funds or other collateral acceptable to receive us as security for payment of any Account Information losses incurred by you in printed form us other than upon specific requestrespect of any Transaction (“Margin”). You must verify satisfy any and all Margin Requirements immediately as a condition to opening the contents of all relevant Margined Transaction and we may decline to open any Margined Transaction if you do not have sufficient funds in your Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, to satisfy the Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on Requirement for that Transaction at the Business Day following time the day on such information relevant Order is posted on our Online Trading Facilityplaced.

Appears in 1 contract

Samples: Client Agreement

Reports of Account Activity. We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily daily, monthly and monthly yearly reports of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information (as defined below) via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent CONSENT TO RECEIVE ELECTRONIC TRANSMISSION OF TRADE CONFIRMATIONS & ACCOUNT STATEMENTS You consent to receive all Account information and Settlement/Trade Confirmations via the Internet and that Orders or instructions given to you via e-mail or other electronic means will constitute evidence of the Parties"Orders or Instructions given. You will be able to access all your Account information via our Online Trading Facility using your own Access Codes. You will have access via our Online Trading Facility to customizable statements that will allow you the ability to view, individual Transactions and/or Contracts, daily, weekly, and monthly reports and trade information. The updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after activity is generated in your Account. The posting of these activities will be deemed delivery of Settlement/Trade Confirmation and Account activity statements. The information will include Settlement/Trade Confirmations with ticket numbers, buy and sale rates, transaction amount, statements of profit and loss, current open positions as well as pending Orders. If you no longer wish to communicate via electronic media, you must notify us and revoke this consent in writing. If you do not wish to communicate via electronic media at all, you must inform us of your wishes when applying to open an Account with us. However, if you revoke your consent, your access to our Online Trading Facility may be restricted or terminated, at our sole discretion. As previously indicated, any such communications being made via electronic media shall be treated as satisfying any legal requirement that a communication should be signed and ‘in writing’, to the extent permitted by Applicable Laws, Rules and/or Regulations. Furthermore, you hereby waive any rights or requirements under any Applicable Laws, Rules and/or Regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non- electronic records, to the extent permitted under applicable mandatory law. RECORDING OF TELEPHONE CONVERSATIONS, INTERNET CONVERSATIONS (CHAT), AND MEETINGS‌ Your telephone conversations, Electronic Messaging, e-mails, internet conversations (chat), meetings and other communications with us may be recorded/maintained by us. Any recordings shall be and shall remain our sole property and will be accepted by you as conclusive evidence of their content as recorded by us. You agree that we are under no obligation may deliver copies of transcripts of such recordings to provide confirmations any court, regulatory or government authority, including without limitation, in hard copy disputes which may arise between you and us. However, technical reasons may prevent us from recording a conversation, and recordings or transcripts made by e-mail rather than through us will be destroyed in accordance with our normal practice. Consequently, you should not rely on such recordings to be available. SETTLEMENT DATE AND OFFSET INSTRUCTIONS We will automatically close all open ‘CFD’/ ‘Spot Forex’ positions on your account at the end of the business day and reopen a new ‘CFD’/ ‘Spot Forex’ position on the following Business Day unless you instruct us to close your position(s) prior to 22:00 (GMT time). We will charge you a fee in respect of each such position (“Renewal Fee”). Open ‘CFD’/’Spot Forex’ positions closed before 22:00 (GMT time) will not be charged a Renewal Fee. The renewal Fees that we charge will be published on our Online Trading Facility. By accepting We shall attempt to collect such Renewal Fees from the free balance in your Account with us. In the event that there are no sufficient funds in your free balance to cover such Renewal Fees, you hereby agree that we may attempt to charge, at our sole discretion, such Renewal Fee(s) from your credit card(s). Please note that the minimum charge from a credit card is USD 3.00. Accordingly, any surplus balance, after paying the Xxxxxxx Xxx(s) will be credited to your balance. In the event that we are unable to collect such Renewal Fee(s), we reserve the right to close part, or all, of your open positions. You shall be liable for promptly paying all Renewal Fees(s), even if all Margin previously deposited by you has been lost. In the absence of clear and timely instructions from you, we are authorized, at our absolute discretion, to offset all or any portion of the currency positions in your Account(s) or to make or receive delivery on your behalf upon such terms and by such methods deemed reasonable by us. SUITABILITY AND APPROPRIATENESS If we (you and us) agree that we shall provide you with advisory dealing services, we will assess the suitability of such instruments or services provided or offered to you in accordance with the CySEC Rules on assessing suitability. If, on your own initiative, you asked us to provide you with execution-only dealing services in Non-Complex Products, we are not required to assess the appropriateness of the Financial Instrument or the Service provided or offered to you; as a result, you will not benefit from the protection of the CySEC Rules on assessing appropriateness; we shall further assume that you understands the risks involved with all products and Services where you are a Professional or Eligible Counterparty; accordingly, when giving Orders or instructions to us, you must rely upon your own judgement; you should get independent advice from an authorised investment adviser if you have any doubt. If we are providing execution-only services to you in relation to Complex Products, we are required to assess whether it is appropriate for you to deal in a Complex Product by requesting from you certain information, relating to your experience and knowledge of trading such products, that will help us assess whether you understand the risks associated with dealing in them; typically, we will ask you for this information during the Account opening procedure, but we may need to ask you for additional information in the future if you decide to deal in a new product type or sector. If you do not provide sufficient information to allow us to carry out the appropriateness assessment, or if you do not provide any information at all, we will be unable able to assess whether you have the necessary knowledge and experience to understand the risks involved; if you still wish for us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that we may not be able to determine whether the dealing in the particular Complex Product is appropriate for you or is in your best interests. If, on the basis of the information that you have supplied to us in relation to your knowledge and experience, we consider that dealing in the particular Complex Product is not appropriate, we will warn you of this; if you still wish us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that it may not be appropriate for you and that you may be exposing yourself to risks that fall outside your knowledge and experience and/or which you may not have the knowledge or experience to properly assess and/or control to mitigate their consequences to you. Even where we carried out an appropriateness assessment, you may in any event wish to get independent advice from an authorised investment adviser if you have any doubts about dealing in Complex Products. THIRD PARTY MT4 LETTER OF DIRECTION Where we offer our clients the possibility to enter into Transactions in Financial Instruments xxx x Xxxxxxxxxx 0 trading platform that is utilising a third party bridge. The provisions of this Section 52.1 apply to clients using the Metatrader 4 trading platform that is incorporating the third party bridge (the “MT4 Program”). If you are utilising the MT4 Program, you agree to the provisions of this Section 52 and authorises us to act accordingly. You understand that your trading access to the MT4 Program is provided by MetaQuotes Software Corporation, and not by us. You further acknowledge that MetaQuotes Software Corporation is an independent third party unrelated to us. You wish to utilise the MT4 Program to execute trades and to direct trade orders and trade details to us. Where you utilize the MT4 Program, you will not be entering trade orders and trade details directly with us, but rather will be entering trade orders and trade details via the MT4 Program, a third party. You hereby authorise and direct us to enter trades for your Account in accordance with trading signals generated and sent to us by the MT4 Program. In consideration of opening your Account, the you acknowledge and agree to the additional terms and conditions set forth hereinafter, as follows: you fully understand that the trade orders and trade details are generated by the MT4 Program and not by us and that our responsibility is to use commercially reasonable efforts to enter orders pursuant to the trade orders and trade details generated by the MT4 Program as received by us. You confirm that we have not solicited, or in any other way recommended, your use of the MT4 Program. You have made inquiries and conducted research into the MT4 Program sufficient to make an informed investment decision. We cannot imply or guarantee that you will make a profit from the MT4 Program and you agree that we will not be held responsible for the MT4 Program’s performance or trading losses incurred by you as a result of trading pursuant to the MT4 Program; we will enter trade orders for your account in accordance with the trade orders and trade details generated by the MT4 Program; if more than one of our customers uses the same system or service as the MT4 Program, you acknowledges and agree that we may enter block orders to enhance order execution, in which case a fair and systematic fill allocation method will be employed; you understand and acknowledge that we will only be responsible for using our commercially reasonable efforts to execute, in a timely fashion, the trade orders and trade details generated by the MT4 Program; we shall not be responsible for any error or malfunction of the MT4 Program, mechanical or communication line failure, system errors, data failure or any other causes beyond our reasonable control; you acknowledge that we can accept and execute orders only if actually received or generated and then on a “not held” basis (i.e., we shall not be held responsible for the execution of the order at the price indicated or otherwise). we may act upon the authority given by this Section 52 until you revoke the authority by written notice addressed and actually delivered to us in accordance with these Terms and Conditions Conditions; we may also terminate the authorisation over the MT4 Program at any time for any reason in our sole discretion and, in that event, will provide you with written notice; you shall be responsible for any Open Positions in the your Account at the time the MT4 Program is terminated; you shall permit us to execute offsetting orders for any Open Positions in your Account at the time the letter of direction is terminated. You agree not that, in the absence of wilful or wanton misconduct, neither we, nor any of our officers, directors, employees, consultants, agents or affiliates will be held liable for any act or omission in the course of or in connection with your use of the MT4 Program; you shall keep us, our principals, officers, directors, employees, agents, successor and/or assigns harmless and you shall fully reimburse us, our principals, officers, directors, employees, agents, successor and/or assigns, from all losses and/or liability (including reasonable attorney’s and/or accountant’s fees) incurred or resulting from your use of the MT4 Program or our fulfilment of our authority under this Section 52, provided that there has been no judicial determination that such liability was the result of our gross negligence or recklessness or intentional misconduct. CHAPTER F: MARGIN DEPOSITS, COLLATERAL AND PAYMENT MARGIN AND COLLATERAL Margin: As a condition of entering into a Margined Transaction, we may in our sole and absolute discretion require the deposit of funds or other collateral acceptable to receive us as security for payment of any Account Information losses incurred by you in printed form us other than upon specific requestrespect of any Transaction (“Margin”). You must verify satisfy any and all Margin Requirements immediately as a condition to opening the contents of all relevant Margined Transaction and we may decline to open any Margined Transaction if you do not have sufficient funds in your Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, to satisfy the Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on Requirement for that Transaction at the Business Day following time the day on such information relevant Order is posted on our Online Trading Facilityplaced.

Appears in 1 contract

Samples: Client Agreement

Reports of Account Activity. We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily daily, monthly and monthly yearly reports of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information (as defined below) via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent CONSENT TO RECEIVE ELECTRONIC TRANSMISSION OF TRADE CONFIRMATIONS & ACCOUNT STATEMENTS‌ You consent to receive all Account information and Settlement/Trade Confirmations via the Internet and that Orders or instructions given to you via e-mail or other electronic means will constitute evidence of the Parties"Orders or Instructions given. You will be able to access all your Account information via our Online Trading Facility using your own Access Codes. You will have access via our Online Trading Facility to customizable statements that will allow you the ability to view, individual Transactions and/or Contracts, daily, weekly, and monthly reports and trade information. The updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after activity is generated in your Account. The posting of these activities will be deemed delivery of Settlement/Trade Confirmation and Account activity statements. The information will include Settlement/Trade Confirmations with ticket numbers, buy and sale rates, transaction amount, statements of profit and loss, current open positions as well as pending Orders. If you no longer wish to communicate via electronic media, you must notify us and revoke this consent in writing. If you do not wish to communicate via electronic media at all, you must inform us of your wishes when applying to open an Account with us. However, if you revoke your consent, your access to our Online Trading Facility may be restricted or terminated, at our sole discretion. As previously indicated, any such communications being made via electronic media shall be treated as satisfying any legal requirement that a communication should be signed and ‘in writing’, to the extent permitted by Applicable Laws, Rules and/or Regulations. Furthermore, you hereby waive any rights or requirements under any Applicable Laws, Rules and/or Regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non- electronic records, to the extent permitted under applicable mandatory law. RECORDING OF TELEPHONE CONVERSATIONS, INTERNET CONVERSATIONS (CHAT), AND MEETINGS‌‌‌ Your telephone conversations, Electronic Messaging, e-mails, internet conversations (chat), meetings and other communications with us may be recorded/maintained by us. Any recordings shall be and shall remain our sole property and will be accepted by you as conclusive evidence of their content as recorded by us. You agree that we are under no obligation may deliver copies of transcripts of such recordings to provide confirmations any court, regulatory or government authority, including without limitation, in hard copy disputes which may arise between you and us. However, technical reasons may prevent us from recording a conversation, and recordings or transcripts made by e-mail rather than through us will be destroyed in accordance with our normal practice. Consequently, you should not rely on such recordings to be available. SETTLEMENT DATE AND OFFSET INSTRUCTIONS‌ We will automatically close all open ‘CFD’/ ‘Spot Forex’ positions on your account at the end of the business day and reopen a new ‘CFD’/ ‘Spot Forex’ position on the following Business Day unless you instruct us to close your position(s) prior to 22:00 (GMT time). We will charge you a fee in respect of each such position (“Renewal Fee”). Open ‘CFD’/’Spot Forex’ positions closed before 22:00 (GMT time) will not be charged a Renewal Fee. The renewal Fees that we charge will be published on our Online Trading Facility. By accepting We shall attempt to collect such Renewal Fees from the free balance in your Account with us. In the event that there are no sufficient funds in your free balance to cover such Renewal Fees, you hereby agree that we may attempt to charge, at our sole discretion, such Renewal Fee(s) from your credit card(s). Please note that the minimum charge from a credit card is USD 3.00. Accordingly, any surplus balance, after paying the Xxxxxxx Xxx(s) will be credited to your balance. In the event that we are unable to collect such Renewal Fee(s), we reserve the right to close part, or all, of your open positions. You shall be liable for promptly paying all Renewal Fees(s), even if all Margin previously deposited by you has been lost. In the absence of clear and timely instructions from you, we are authorized, at our absolute discretion, to offset all or any portion of the currency positions in your Account(s) or to make or receive delivery on your behalf upon such terms and by such methods deemed reasonable by us. SUITABILITY AND APPROPRIATENESS‌ If we (you and us) agree that we shall provide you with advisory dealing services, we will assess the suitability of such instruments or services provided or offered to you in accordance with the CySEC Rules on assessing suitability. If, on your own initiative, you asked us to provide you with execution-only dealing services in Non-Complex Products, we are not required to assess the appropriateness of the Financial Instrument or the Service provided or offered to you; as a result, you will not benefit from the protection of the CySEC Rules on assessing appropriateness; we shall further assume that you understands the risks involved with all products and Services where you are a Professional or Eligible Counterparty; accordingly, when giving Orders or instructions to us, you must rely upon your own judgement; you should get independent advice from an authorised investment adviser if you have any doubt. If we are providing execution-only services to you in relation to Complex Products, we are required to assess whether it is appropriate for you to deal in a Complex Product by requesting from you certain information, relating to your experience and knowledge of trading such products, that will help us assess whether you understand the risks associated with dealing in them; typically, we will ask you for this information during the Account opening procedure, but we may need to ask you for additional information in the future if you decide to deal in a new product type or sector. If you do not provide sufficient information to allow us to carry out the appropriateness assessment, or if you do not provide any information at all, we will be unable able to assess whether you have the necessary knowledge and experience to understand the risks involved; if you still wish for us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that we may not be able to determine whether the dealing in the particular Complex Product is appropriate for you or is in your best interests. If, on the basis of the information that you have supplied to us in relation to your knowledge and experience, we consider that dealing in the particular Complex Product is not appropriate, we will warn you of this; if you still wish us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that it may not be appropriate for you and that you may be exposing yourself to risks that fall outside your knowledge and experience and/or which you may not have the knowledge or experience to properly assess and/or control to mitigate their consequences to you. Even where we carried out an appropriateness assessment, you may in any event wish to get independent advice from an authorised investment adviser if you have any doubts about dealing in Complex Products. THIRD PARTY MT4 LETTER OF DIRECTION‌ Where we offer our clients the possibility to enter into Transactions in Financial Instruments xxx x Xxxxxxxxxx 0 trading platform that is utilising a third party bridge. The provisions of this Section 52.1 apply to clients using the Metatrader 4 trading platform that is incorporating the third party bridge (the “MT4 Program”). If you are utilising the MT4 Program, you agree to the provisions of this Section 52 and authorises us to act accordingly. You understand that your trading access to the MT4 Program is provided by MetaQuotes Software Corporation, and not by us. You further acknowledge that MetaQuotes Software Corporation is an independent third party unrelated to us. You wish to utilise the MT4 Program to execute trades and to direct trade orders and trade details to us. Where you utilize the MT4 Program, you will not be entering trade orders and trade details directly with us, but rather will be entering trade orders and trade details via the MT4 Program, a third party. You hereby authorise and direct us to enter trades for your Account in accordance with trading signals generated and sent to us by the MT4 Program. In consideration of opening your Account, the you acknowledge and agree to the additional terms and conditions set forth hereinafter, as follows: you fully understand that the trade orders and trade details are generated by the MT4 Program and not by us and that our responsibility is to use commercially reasonable efforts to enter orders pursuant to the trade orders and trade details generated by the MT4 Program as received by us. You confirm that we have not solicited, or in any other way recommended, your use of the MT4 Program. You have made inquiries and conducted research into the MT4 Program sufficient to make an informed investment decision. We cannot imply or guarantee that you will make a profit from the MT4 Program and you agree that we will not be held responsible for the MT4 Program’s performance or trading losses incurred by you as a result of trading pursuant to the MT4 Program; we will enter trade orders for your account in accordance with the trade orders and trade details generated by the MT4 Program; if more than one of our customers uses the same system or service as the MT4 Program, you acknowledges and agree that we may enter block orders to enhance order execution, in which case a fair and systematic fill allocation method will be employed; you understand and acknowledge that we will only be responsible for using our commercially reasonable efforts to execute, in a timely fashion, the trade orders and trade details generated by the MT4 Program; we shall not be responsible for any error or malfunction of the MT4 Program, mechanical or communication line failure, system errors, data failure or any other causes beyond our reasonable control; you acknowledge that we can accept and execute orders only if actually received or generated and then on a “not held” basis (i.e., we shall not be held responsible for the execution of the order at the price indicated or otherwise). we may act upon the authority given by this Section 52 until you revoke the authority by written notice addressed and actually delivered to us in accordance with these Terms and Conditions Conditions; we may also terminate the authorisation over the MT4 Program at any time for any reason in our sole discretion and, in that event, will provide you with written notice; you shall be responsible for any Open Positions in the your Account at the time the MT4 Program is terminated; you shall permit us to execute offsetting orders for any Open Positions in your Account at the time the letter of direction is terminated. You agree not that, in the absence of wilful or wanton misconduct, neither we, nor any of our officers, directors, employees, consultants, agents or affiliates will be held liable for any act or omission in the course of or in connection with your use of the MT4 Program; you shall keep us, our principals, officers, directors, employees, agents, successor and/or assigns harmless and you shall fully reimburse us, our principals, officers, directors, employees, agents, successor and/or assigns, from all losses and/or liability (including reasonable attorney’s and/or accountant’s fees) incurred or resulting from your use of the MT4 Program or our fulfilment of our authority under this Section 52, provided that there has been no judicial determination that such liability was the result of our gross negligence or recklessness or intentional misconduct. CHAPTER F: MARGIN DEPOSITS, COLLATERAL AND PAYMENT‌ MARGIN AND COLLATERAL‌ Margin: As a condition of entering into a Margined Transaction, we may in our sole and absolute discretion require the deposit of funds or other collateral acceptable to receive us as security for payment of any Account Information losses incurred by you in printed form us other than upon specific requestrespect of any Transaction (“Margin”). You must verify satisfy any and all Margin Requirements immediately as a condition to opening the contents of all relevant Margined Transaction and we may decline to open any Margined Transaction if you do not have sufficient funds in your Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, to satisfy the Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on Requirement for that Transaction at the Business Day following time the day on such information relevant Order is posted on our Online Trading Facilityplaced.

Appears in 1 contract

Samples: Client Agreement

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Reports of Account Activity. We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily and monthly reports of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information (as defined below) via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent of the Parties"determined, you agree that we are under no obligation to provide confirmations in hard copy or by e-mail rather than through our Online Trading Facility. By accepting these Terms and Conditions you agree not to receive any Account Information in printed form us other than upon specific request. You must verify the contents of all Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close the closing of business on the next Business Day Day. following the day on that such information is posted on our Online Trading Facility.

Appears in 1 contract

Samples: Client Agreement

Reports of Account Activity. We will post details of your Account activity on our Online Trading Facility and you will be able to generate daily daily, monthly and monthly yearly reports of your Account activity as well as a report of each executed Transaction and/or Contract. Updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after any activity takes place on your Account. Posting of Account Information (as defined below) via our Online Trading Facility will be deemed delivery of Settlement/Trade Confirmations and Account statements. Account information will include Settlement/Trade Confirmations with ticket numbers, purchase and sale rates, utilised utilized Margin available for Margin trading, statements of profits and losses, as well as current open positions, any other information required to be provided under Applicable Laws, Rules and/or Regulations and any other information we may make available (“Account Information”). We may in our absolute discretion withdraw or amend any Account Information at any time. Unless otherwise determined and stated "in the terms agreed upon by mutual consent of the Parties", you agree that we are under no obligation to provide confirmations in hard copy or by e-mail rather than through our Online Trading Facility. By accepting these Terms and Conditions you agree not to receive any Account Information in printed form us other than upon specific request. You must verify the contents of all Account Information received from us. The Account Information posted on our Online Trading Facility shall (save if manifestly incorrect) be conclusive evidence of your Transactions and/or Contracts, open positions, Margin and cash balances, and shall be conclusive and binding on you, if not objected to immediately upon receipt with such objection confirmed in writing (including e-mail or electronic mail) no later than close of business on the Business Day following the day on such information is posted on our Online Trading Facility. CONSENT TO RECEIVE ELECTRONIC TRANSMISSION OF TRADE CONFIRMATIONS & ACCOUNT STATEMENTS‌ You consent to receive all Account information and Settlement/Trade Confirmations via the Internet and that Orders or instructions given to you via e-mail or other electronic means will constitute evidence of the Orders or Instructions given. You will be able to access all your Account information via our Online Trading Facility using your own Access Codes. You will have access via our Online Trading Facility to customizable statements that will allow you the ability to view, individual Transactions and/or Contracts, daily, weekly, and monthly reports and trade information. The updated Account information normally will be updated periodically during our Dealing Hours and will in any event be available no more than twenty-four (24) hours after activity is generated in your Account. The posting of these activities will be deemed delivery of Settlement/Trade Confirmation and Account activity statements. The information will include Settlement/Trade Confirmations with ticket numbers, buy and sale rates, transaction amount, statements of profit and loss, current open positions as well as pending Orders. If you no longer wish to communicate via electronic media, you must notify us and revoke this consent in writing. If you do not wish to communicate via electronic media at all, you must inform us of your wishes when applying to open an Account with us. However, if you revoke your consent, your access to our Online Trading Facility may be restricted or terminated, at our sole discretion. As previously indicated, any such communications being made via electronic media shall be treated as satisfying any legal requirement that a communication should be signed and ‘in writing’, to the extent permitted by Applicable Laws, Rules and/or Regulations. Furthermore, you hereby waive any rights or requirements under any Applicable Laws, Rules and/or Regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. RECORDING OF TELEPHONE CONVERSATIONS, INTERNET CONVERSATIONS (CHAT), AND MEETINGS‌ Your telephone conversations, Electronic Messaging, e-mails, internet conversations (chat), meetings and other communications with us may be recorded/maintained by us. Any recordings shall be and shall remain our sole property and will be accepted by you as conclusive evidence of their content as recorded by us. You agree that we may deliver copies of transcripts of such recordings to any court, regulatory or government authority, including without limitation, in disputes which may arise between you and us. However, technical reasons may prevent us from recording a conversation, and recordings or transcripts made by us will be destroyed in accordance with our normal practice. Consequently, you should not rely on such recordings to be available. SETTLEMENT DATE AND OFFSET INSTRUCTIONS We will automatically close all open ‘CFD’/ ‘Spot Forex’ positions on your account at the end of the business day and reopen a new ‘CFD’/ ‘Spot Forex’ position on the following Business Day unless you instruct us to close your position(s) prior to 22:00 (GMT time). We will charge you a fee in respect of each such position (“Renewal Fee”). Open ‘CFD’/’Spot Forex’ positions closed before 22:00 (GMT time) will not be charged a Renewal Fee. The renewal Fees that we charge will be published on our Online Trading Facility. We shall attempt to collect such Renewal Fees from the free balance in your Account with us. In the event that there are no sufficient funds in your free balance to cover such Renewal Fees, you hereby agree that we may attempt to charge, at our sole discretion, such Renewal Fee(s) from your credit card(s). Please note that the minimum charge from a credit card is USD 3.00. Accordingly, any surplus balance, after paying the Renewal Fee(s) will be credited to your balance. In the event that we are unable to collect such Renewal Fee(s), we reserve the right to close part, or all, of your open positions. You shall be liable for promptly paying all Renewal Fees(s), even if all Margin previously deposited by you has been lost. In the absence of clear and timely instructions from you, we are authorized, at our absolute discretion, to offset all or any portion of the currency positions in your Account(s) or to make or receive delivery on your behalf upon such terms and by such methods deemed reasonable by us. SUITABILITY AND APPROPRIATENESS If we (you and us) agree that we shall provide you with advisory dealing services, we will assess the suitability of such instruments or services provided or offered to you in accordance with the BERMUDA Rules on assessing suitability. If, on your own initiative, you asked us to provide you with execution-only dealing services in Non-Complex Products, we are not required to assess the appropriateness of the Financial Instrument or the Service provided or offered to you; as a result, you will not benefit from the protection of the BERMUDA Rules on assessing appropriateness; accordingly, when giving Orders or instructions to us, you must rely upon your own judgement; you should get independent advice from an authorised investment adviser if you have any doubt. If we are providing execution-only services to you in relation to Complex Products, we are required to assess whether it is appropriate for you to deal in a Complex Product by requesting from you certain information, relating to your experience and knowledge of trading such products, that will help us assess whether you understand the risks associated with dealing in them; typically, we will ask you for this information during the Account opening procedure, but we may need to ask you for additional information in the future if you decide to deal in a new product type or sector. If you do not provide sufficient information to allow us to carry out the appropriateness assessment, or if you do not provide any information at all, we will be unable able to assess whether you have the necessary knowledge and experience to understand the risks involved; if you still wish for us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that we may not be able to determine whether the dealing in the particular Complex Product is appropriate for you or is in your best interests. If, on the basis of the information that you have supplied to us in relation to your knowledge and experience, we consider that dealing in the particular Complex Product is not appropriate, we will warn you of this; if you still wish us to proceed on your behalf, we may do so at our reasonable discretion; if we do so, you should note that it may not be appropriate for you and that you may be exposing yourself to risks that fall outside your knowledge and experience and/or which you may not have the knowledge or experience to properly assess and/or control to mitigate their consequences to you. Even where we carried out an appropriateness assessment, you may in any event wish to get independent advice from an authorised investment adviser if you have any doubts about dealing in Complex Products. THIRD PARTY MT4 LETTER OF DIRECTION Where we offer our clients the possibility to enter into Transactions in Financial Instruments via a Metatrader 4 trading platform that is utilising a third party bridge. The provisions of this Section 52.1 apply to clients using the Metatrader 4 trading platform that is incorporating the third-party bridge (the “MT4 Program”). If you are utilising the MT4 Program, you agree to the provisions of this Section 52 and authorises us to act accordingly. You understand that your trading access to the MT4 Program is provided by MetaQuotes Software Corporation, and not by us. You further acknowledge that MetaQuotes Software Corporation is an independent third party unrelated to us. You wish to utilise the MT4 Program to execute trades and to direct trade orders and trade details to us. Where you utilize the MT4 Program, you will not be entering trade orders and trade details directly with us, but rather will be entering trade orders and trade details via the MT4 Program, a third party. You hereby authorise and direct us to enter trades for your Account in accordance with trading signals generated and sent to us by the MT4 Program. In consideration of opening your Account, the you acknowledge and agree to the additional terms and conditions set forth hereinafter, as follows: you fully understand that the trade orders and trade details are generated by the MT4 Program and not by us and that our responsibility is to use commercially reasonable efforts to enter orders pursuant to the trade orders and trade details generated by the MT4 Program as received by us. You confirm that we have not solicited, or in any other way recommended, your use of the MT4 Program. You have made inquiries and conducted research into the MT4 Program sufficient to make an informed investment decision. We cannot imply or guarantee that you will make a profit from the MT4 Program and you agree that we will not be held responsible for the MT4 Program’s performance or trading losses incurred by you as a result of trading pursuant to the MT4 Program; we will enter trade orders for your account in accordance with the trade orders and trade details generated by the MT4 Program; if more than one of our customers uses the same system or service as the MT4 Program, you acknowledges and agree that we may enter block orders to enhance order execution, in which case a fair and systematic fill allocation method will be employed; you understand and acknowledge that we will only be responsible for using our commercially reasonable efforts to execute, in a timely fashion, the trade orders and trade details generated by the MT4 Program; we shall not be responsible for any error or malfunction of the MT4 Program, mechanical or communication line failure, system errors, data failure or any other causes beyond our reasonable control; you acknowledge that we can accept and execute orders only if actually received or generated and then on a “not held” basis (i.e., we shall not be held responsible for the execution of the order at the price indicated or otherwise). we may act upon the authority given by this Section 52 until you revoke the authority by written notice addressed and actually delivered to us in accordance with these Terms and Conditions; we may also terminate the authorisation over the MT4 Program at any time for any reason in our sole discretion and, in that event, will provide you with written notice; you shall be responsible for any Open Positions in the your Account at the time the MT4 Program is terminated; you shall permit us to execute offsetting orders for any Open Positions in your Account at the time the letter of direction is terminated. You agree that, in the absence of wilful or wanton misconduct, neither we, nor any of our officers, directors, employees, consultants, agents or affiliates will be held liable for any act or omission in the course of or in connection with your use of the MT4 Program; you shall keep us, our principals, officers, directors, employees, agents, successor and/or assigns harmless and you shall fully reimburse us, our principals, officers, directors, employees, agents, successor and/or assigns, from all losses and/or liability (including reasonable attorney’s and/or accountant’s fees) incurred or resulting from your use of the MT4 Program or our fulfilment of our authority under this Section 52, provided that there has been no judicial determination that such liability was the result of our gross negligence or recklessness or intentional misconduct. CHAPTER F: MARGIN DEPOSITS, COLLATERAL AND PAYMENT MARGIN AND COLLATERAL Margin: As a condition of entering into a Margined Transaction, we may in our sole and absolute discretion require the deposit of funds or other collateral acceptable to us as security for payment of any losses incurred by you in respect of any Transaction (“Margin”). You must satisfy any and all Margin Requirements immediately as a condition to opening the relevant Margined Transaction and we may decline to open any Margined Transaction if you do not have sufficient funds in your Account to satisfy the Margin Requirement for that Transaction at the time the relevant Order is placed.

Appears in 1 contract

Samples: Client Agreement

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