Common use of Statements and Confirmations Clause in Contracts

Statements and Confirmations. Subject to the terms of this Agreement, confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Service, Provider Margin Monitor, Service Provider Open Positions window, Account Statement Report and in their Trade History Report. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected in writing within three (3) Business Days after the transmission to Customer. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service Provider, or Service Provider agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Open Position window, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s Account statements will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 4 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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Statements and Confirmations. Subject 6.1 The Bank will furnish you with statements of account ("Statement of Account") for such Products and Services at such intervals and frequencies in such forms (paper and/or electronic) and delivered by such means as the Bank may prescribe from time to time. For clarity, there may be such Products and Services for which no statement of account is issued as the terms Bank shall deem appropriate. All references to Statement of Account in this Agreement shall include both paper and electronic forms of the Statement of Account unless expressly excluded or unless the context specifically provides for paper or electronic Statement of Account. You shall promptly notify the Bank if you do not receive any Statement of Account at the time when such Statement of Account is ordinarily issued by the Bank, failing which the Bank shall be entitled to proceed on the basis that you have received the Statement of Account in due course. 6.2 You agree to verify the correctness of all details contained in each Statement of Account and to notify the Bank in writing (or by any other means permitted by the Bank) within fourteen (14) days (or such other period as may be determined by the Bank) from the date of such Statement of Account of any discrepancies, omissions and/or errors therein. Upon expiry of this Agreementperiod, confirmation of trades will be made online as the trades are executed and should immediately be reflected details in the Customer’s Service, Provider Margin Monitor, Service Provider Open Positions window, Statement of Account Statement Report and in their Trade History Report. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive against you except as to alleged errors so notified but subject always to the Bank's right to correct any errors contained therein at any time notwithstanding such acceptance by you. 6.3 In addition, for the Accounts, the Bank may also make available for viewing through OCBC Online Banking, a record of the transactions performed in respect of the respective Accounts during a specified period (“Electronic Transaction History”), subject to the Agreement, and binding upon Customer if provided always that such Electronic Transaction History is provided for convenience only and shall not objected in writing within three (3) Business Days serve as a Statement of Account. In the event of any inconsistency between any Electronic Transaction History and a Statement of Account, the Statement of Account shall prevail. 6.4 In the case of Products and/or Services, to the extent the Bank deems necessary, the Bank will issue Confirmations to you after the transmission execution of each Instruction and (where applicable) such other statements of Contracts carried out and outstanding in relation to Customer. Margin calls or trade corrections the Agreement from time to time at such intervals as the Bank may deem necessary. 6.5 You shall be conclusive examine all entries in all Confirmations and binding unless objected (where applicable) statements of Contracts that the Bank may send to immediately by telephoneyou, fax or email. Written objections on Customer’s part shall be directed report promptly to (GOBAL FX, Attn: Customer Objections, and shall be deemed received only if actually delivered or mailed by registered mailthe Bank any error(s) and/or omission(s) therein, return receipt requested. Failure to object shall be deemed ratification any Confirmation slip duly signed and notify the Bank should you not receive any Confirmations and (where applicable) statements of all actions taken by Service Provider, or Service Provider agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Open Position windowContracts that should, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s Account statements will be available online in the Reports section ordinary course of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Account in the same position in which it would events have been had received by you . 6.6 You further agree that the error not occurred. Service Provider reserves Bank shall have the right to make adjustments at any time and/or from time to time to the Confirmations and (where applicable) statements of Contracts if there are any error(s) and/or omission(s) therein. You agree that if you do not object in writing to the contents in the Confirmations and (where applicable) statements of Contracts within the stipulated period stated on the Confirmations and (where applicable) statements of Contracts and in any case not later than seven (7) days from the date of the Confirmations and (where applicable) statements of Contracts, you shall be taken to have accepted the final arbiter as related to disputed Ordersaccuracy of the Confirmations and (where applicable) statements of Contracts and you shall be estopped from disputing the truth and accuracy of the Confirmations and (where applicable) statements of Contracts. All Confirmations and (where applicable) statements of Contracts shall be final, conclusive and be binding on you, in the absence of manifest error.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions

Statements and Confirmations. Subject to the terms of this Agreement, confirmation Confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Servicetrading platform, Provider including but not limited to, FXDD Margin Monitor, Service Provider FXDD Open Positions window, FXDD Spot Book, Account Statement Report and Trade History Report. Trades done over the telephone will be executed for the Customer’s Account on their behalf and also be reflected online in various software programs, including but not limited to, FXDD Margin Monitor, FXDD Open Positions Window, FXDD Spot Book, Account Statement Report and in their Trade History Reportits trade history report. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to by telephone immediately upon receipt and such objection is confirmed in writing within three one (31) Business Days FXDD business day after the transmission to CustomerCustomer or if FXDD does not change the confirmed execution price and details. FXDD reserves the right to change confirmed rates, prices or trade details of executed and confirmed deals if FXDD determines that the electronic or verbal price or details from that deal were executed in error. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax telephone or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, FXDD at xxxxxxx@xxxxxxxxxxx.xxx and shall be deemed received only if FXDD actually delivered or mailed by registered mail, return receipt requestedconfirms receipt. Failure to object shall be deemed ratification of all actions taken by Service ProviderFXDD, or Service Provider FXDD’s agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the tradetrade and trades entered into by telephone will be confirmed verbally and online by the end of the FXDD business day. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Customers FXDD Open Position window, in the Service Provider FXDD Margin Monitor, Account Statement Report and in their Trade History Report upon re-logging back into the Service Provider applicationFXDD application or such other platform as FXDD shall provide. Customer’s Account statements will be available online in the Reports section of the Service Provider FXDD Internet Trading Platform. Monthly Platform and Customer monthly statements will be available by e-mail upon requestmail, fax and/or mail. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider FXDD to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service ProviderFXDD’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call bring to Service ProviderFXDD’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Customer Agreement shall operate to prevent Service Provider FXDD from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Customer’s Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 1 contract

Samples: Customer Agreement

Statements and Confirmations. Subject to the terms of this Agreement, confirmation Confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Servicetrading platform, Provider including but not limited to, FXDD Margin Monitor, Service Provider FXDD Open Positions window, FXDD Spot Book, Account Statement Report and Trade History Report. Trades done over the telephone will be executed for the Customer’s Account on their behalf and also be reflected online in the FXDD Margin Monitor, FXDD Open Positions Window, FXDD Spot Book, Account Statement Report and in their Trade History Reporttrade history report. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to by telephone immediately upon receipt and such objection is confirmed in writing within three one (31) Business Days FXDD business day after the transmission to CustomerCustomer or if FXDD does not change the confirmed execution price and details. FXDD reserves the right to change confirmed rates, prices or trade details of executed and confirmed deals if FXDD determines that the electronic or verbal price or details from that deal were executed in error. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax telephone or email. Written objections on Customer’s part shall be directed to (GOBAL FXFXDD Mauritius Ltd., Attn: Customer Objections6th Floor, Tower A, 0 Xxxxxxxxx, Xxxxx,Mauritius and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service ProviderFXDD, or Service Provider FXDD’s agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the tradetrade and trades entered into by telephone will be confirmed verbally and online by the end of the FXDD business day. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Customers FXDD Open Position window, in the Service Provider FXDD Margin Monitor, Account Statement Report and in their Trade History Report upon re logging back into the Service Provider applicationFXDD application or such other platform as FXDD shall provide. Customer’s Account statements will be available online in the Reports section of the Service Provider FXDD Internet Trading Platform. Monthly Platform and Customer monthly statements will be available by e-mail upon requestmail, fax and/or mail. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider FXDD to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service ProviderFXDD’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call bring to Service ProviderFXDD’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Customer Agreement shall operate to prevent Service Provider FXDD from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Customer’s Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 1 contract

Samples: Customer Agreement

Statements and Confirmations. Subject to the terms of this Agreement, confirmation 19.1 Confirmation of trades will be made online as the trades are executed and should immediately will be reflected in the Customer’s ServiceAccount information available via the Internet Trading Platform, Provider including but not limited to, BLUE SUISSE Margin Monitorwindow, Service Provider BLUE SUISSE Open Positions window, Account Statement Report and in their Trade History Report. Trades done over the telephone will be executed for the Customer’s Account and also be reflected in the Customer’s Account information available via the Internet Trading Platform. Reports and all online position windows information available via the Internet Trading Platform as aforesaid and statements of Accounts Account/s for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to by telephone or e-mail immediately upon receipt or posting , and such objection (if made by telephone) is confirmed in writing within three one (31) Business Days Day after posting or the transmission to CustomerCustomer or if BLUE SUISSE does not change the confirmed execution price and details. Margin calls BLUE SUISSE reserves the right to change confirmed rates, prices or trade details of executed and confirmed trades if BLUE SUISSE determines that the electronic or verbal price or details from that trade were executed in error. Trade corrections shall be conclusive and binding unless objected to immediately by telephoneBlue Suisse Individual Account Agreement Documents Version: BSAID 4.0 Blue Suisse Ltd. Tel +000 0000 0000 Cornerstone Business Centre Fax +000 0000 0000 Xxxxx 0, fax Xxxxx 0, 16th September Square xxxx@xxxxxxxxxx.xxx Mosta, MALTA xxx.xxxxxxxxxx.xxx telephone or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, xxxxx@xxxxxxxxxx.xxx or +000 0000 0000 and shall be deemed received only if actually delivered or mailed by registered maildelivered, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service ProviderBLUE SUISSE, its Delegates, the Prime Broker and/or Counterparties, or Service Provider agents Providers prior to Customer’s receipt or posting of said reports. Trades executed online will be confirmed online at the time of the tradetrade (or as soon as reasonably possible thereafter), and trades entered into by telephone will be confirmed verbally and online by the end of the Business Day. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Customers BLUE SUISSE Open Position window, in the Service Provider BLUE SUISSE Margin Monitorwindow, Account Statement Report and in their the Trade History Report upon logging back into the Service Provider applicationBLUE SUISSE application or such other platform as BLUE SUISSE shall provide. Customer’s Account statements will be available online in the Reports section of the Service Provider BLUE SUISSE Internet Trading Platform. Monthly Platform and Customer monthly statements will be available provided by e-mail upon requestmail. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. The Customer understands and acknowledges that oral information provided by Service Provider BLUE SUISSE to the Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service ProviderBLUE SUISSE’s reasonable control. The Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call bring to Service ProviderBLUE SUISSE’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Customer Agreement shall operate to prevent Service Provider BLUE SUISSE from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Customer’s Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 1 contract

Samples: Individual Account Agreement

Statements and Confirmations. Subject Customer understands that Customer must carefully review the reports relating to Customers trading sent by PFG. Customer must review and report immediately errors on confirmations and statements. Failure to notify PFG immediately of any error or omission will bind Customer to the terms of this Agreementsuch confirmation or statement, confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Service, Provider Margin Monitor, Service Provider Open Positions window, Account Statement Report and in their Trade History Reportcase may be. Reports and all online position windows and statements All repor ts of Accounts for Customer execution shall be deemed correct final within twenty-four (24) hours and shall all statements of account will be conclusive and binding upon Customer if not objected in writing deemed final within three (3) Business Days after the transmission days, unless Customer objects to Customerthese repor ts within these periods of time to an executive officer of PFG at PFGs principal place of business. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax telephone or emailby wire. Written objections on Customer’s part Customers par t shall be directed to (GOBAL FXPFGs Compliance Depar tment at 000 X. XxXxxxx St., Attn: Customer Objections7th Floor, Chicago, IL 60603 and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service Provider, or Service Provider agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Open Position window, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s Account statements will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s Customers failure to receive a trade confirmation or statement of accounts shall not relieve Customer of the obligation to object as set out herein. Failure to object shall be deemed ratification of all actions taken by PFG or PFGs agents. Unless Customer understands and acknowledges that oral information provided by Service Provider indicated otherwise in Paragraph 18 of the Account Application, Customer hereby authorizes PFG to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission deliver correspondence and other factors beyond Service Provider’s reasonable controlcommunications including, but not limited to trade confirmations, daily statements, monthly statements, margin and maintenance calls, and other documents required to be delivered in connection with Customers account. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The Customer agrees that such errors, the sending by PFG of an e- mail to the e-mail address of record shall constitute good and effective delivery to Customer of the communication whether resulting in a profit or loss, not Customer actually access the communication. Customer may revoke his consent to electronic delivery of documents at any time upon written notice to PFG. Customer agrees that written statements shall supersede all electronic information and the written statements shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orderscontrolling.

Appears in 1 contract

Samples: Commodity Trading Agreement

Statements and Confirmations. Subject All notices, demands, reports or other communications shall be transmitted to you at the terms of this Agreementaddress or, confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Servicecase of communications, Provider Margin Monitorthe telephone number or e-mail address (if you have consented to e-mail delivery), Service Provider Open Positions window, Account Statement Report and shown on the account application or to such other address you designate in their Trade History Reportwriting. Reports and all online position windows and statements of Accounts for Customer All communications to you shall be deemed correct to have been received by you personally at the time so sent to you, whether actually received or not. By accepting this Agreement during the online registration process, you agree to the provision of information through electronic means such as the Company’s website or your verified email (hereafter the “Durable Mediums”) due to the nature of the relationship between CFI and you, which is deemed acceptable and appropriate. Reports of the execution of orders, trade confirmations or other notices shall be conclusive and binding upon Customer if not objected in writing within three (3) Business Days after the transmission to Customer. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, final and shall be deemed to be accepted and ratified by you, unless you object by written communication actually received by CFI at its principal office within two (2) business days after delivery of or communication of the confirmation, report or notice to you by us. In addition, if CFI has not promptly advised you of the status of any order placed by you, you shall promptly, but in no event later than 24 hours after an order has been placed, contact CFI by telephone to verify your Account status. Your failure to contact us shall relieve CFI of any responsibility or liability with respect to such order. All orders shall only if actually delivered be good for the day such orders are placed, unless specified by you to be open orders. Any open order placed by you will not be cancelled by CFI unless you specifically request cancellation by contacting the landline number as mentioned above to +00000000000. CFI shall not be held responsible for delays in the transmission or mailed by registered mailexecution of orders due to a breakdown, return receipt requested. Failure to object shall be deemed ratification delay in or failure of all actions taken by Service Providertransmission or communication facilities, or Service Provider agents prior to Customerfor any other cause beyond CFI’s receipt control. The Company offers its services online, the Client might check anytime his/her portfolio and the client shall receive by the end of said reportsday closing the daily statement by email from xxxxxxxxxx@xxx.xxxxx. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Open Position window, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s Account statements will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and The Client acknowledges that oral information provided the daily statements are sent by Service Provider CFI to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent the Client as to place these are received by the Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.sister company CFI Global Management Ltd.

Appears in 1 contract

Samples: Shares Trading Terms & Conditions

Statements and Confirmations. Subject to the terms of this Agreement, confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Service, 's Service Provider Margin Monitor, Service Provider Open Positions window, Account Statement Report and in their Trade History Report. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected in writing within three (3) Business Days after the transmission to Customer. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax telephone or emaile-mail. Written objections on Customer’s 's part shall be directed to (GOBAL FX, Attn: Customer ObjectionsVestoq Ltd., and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service Provider, or Service Provider agents prior to Customer’s 's receipt of said reports. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s 's Service Provider Open Position window, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s 's Account statements will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s 's failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s 's reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s 's risk and Customer further agrees to immediately call to Service Provider’s 's attention any such oral information which Customer has reason to believe is inconsistent with Customer’s 's own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s 's Account will be credited or debited in such manner and extent as to place the Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 1 contract

Samples: Client Agreement

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Statements and Confirmations. 6.1. Subject to Applicable Laws (if any), SDA shall furnish to the terms Customer a Confirmation in respect of this Agreementsuch Transaction, confirmation of trades will which shall not be made online as later than two Business Days after the trades are executed and should immediately be reflected in Transaction (or such other date required under Applicable Laws). 6.2. SDA shall make available to the Customer, on SDA’s Serviceportal or through such other means as SDA may provide in its sole and absolute discretion, Provider Margin Monitor, Service Provider Open Positions window, Account Statement Report and a monthly and/or quarterly statement of account for the Account(s) in their Trade History Reportaccordance with Applicable Laws (if any). 6.3. Reports and The Customer shall verify all online position windows Confirmations sent and statements made available by SDA to the Customer. If no objection is raised within one (1) Business Day of Accounts the Customer's receipt of such Confirmation or the availability of such statement, such Confirmation or statement shall, except for Customer shall manifest or clerical errors, be deemed correct and shall be conclusive and binding upon Customer if the Customer, who shall not objected in writing within three (3) Business Days after the transmission be entitled to Customer. Margin calls or trade corrections object thereto and who shall be conclusive and binding unless objected deemed to immediately have ratified all matters therein stated. Any objection raised by telephone, fax or email. Written objections on Customer’s part the Customer shall be directed to (GOBAL FX, Attn: Customer Objections, accompanied by satisfactory evidence supporting the alleged inaccuracy and shall be deemed received communicated to SDA in accordance with Clause 22 of this Agreement. 6.4. SDA may at any time rectify any error on any entry, statement, Confirmation or advice which has been proved to its satisfaction, and may demand immediate repayment from the Customer of any monies erroneously paid over to the Customer as a result of such error. If SDA at any time becomes aware that any Manifest Error affects any Order or Transaction, SDA shall, upon identifying such Manifest Error, take any action that SDA determines to be fair and reasonable, including, only if actually delivered where commercially possible, the making of any correction, the reversal or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification amendment of all actions taken by Service Providerany of SDA’s records or entries including set out in any Confirmation or Statement, or Service Provider agents prior the termination of any such affected Order or Transaction. SDA will not be liable to the Customer for any loss, cost, claim, demand or expense following a Manifest Error in the absence of SDA’s fraud or SDA’s wilful default. 6.5. If the Customer does not receive a Confirmation or is unable to access a statement which should have been made available in the ordinary course of business, the Customer shall immediately notify SDA of such fact. 6.6. SDA may, in SDA’s reasonable discretion, reverse, cancel or amend all or any part of the Customer’s receipt Orders or Transactions, if: 6.6.1. as required by law or in response to a court order, or other binding government order or to enforce transaction limits; 6.6.2. if SDA suspects the Transaction involves or may involve money laundering, terrorist financing, fraud, or any other type of said reportsfinancial crime, or breach of any Applicable Law; 6.6.3. Trades executed online will be confirmed online at there occurs any malfunction, failure, delay, default, or security breach on SDA’s Platform; 6.6.4. the time Customer has falsified any account registration details; 6.6.5. where the Customer disguises or interferes in any way with the IP address of the trade. Pending Orders or trades executed while computer the Customer is offline will using to access the Platform or otherwise take steps to prevent SDA from correctly identifying the actual IP address the Customer is using whilst accessing the Platform; 6.6.6. if SDA suspects that the Transaction, Order or prices of any of the foregoing entered into or given is erroneous, or is created to or calculated to disrupt SDA’s, or the Platform’s operations, or interfere with SDA’s rights, or the rights of any third party; or 6.6.7. otherwise violating this Agreement. In such instances any payments made by way of commission, interest, or otherwise in relation such Transaction that is cancelled or reversed, if relevant, shall be reflected in refunded to the Customer immediately and any amounts credited to the Customer’s Service Provider Open Position window, Account or paid to the Customer in relation to that Transaction shall be debited by SDA or repaid to SDA by the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into Customer immediately as the Service Provider applicationcase may be. Customer’s Account statements SDA shall not be liable for any loss as a result. SDA will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the under no obligation to object allow the Customer to reinstate an order at the same price or on the same terms as set out herein. Customer understands and acknowledges that oral information provided by Service Provider to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discoverythe cancelled Transaction 6.7. The Customer agrees acknowledges and accepts that when SDA enters into a transaction with the Customer, SDA may from time to time in its sole and absolute discretion and without prior notice to the Customer enter into one or more such errors, whether resulting other transactions with liquidity providers or other counterparties (“Other Transactions”) in a profit order to duly perform SDA’s payment or loss, shall be corrected and delivery obligations under the Customer’s Account will transaction. The Customer acknowledges that SDA would not otherwise have entered into any such Other Transaction but for the Customer’s transaction. Accordingly, where such liquidity provider or other counterparty fails to or is unable to duly perform its obligations to SDA under any or all of the Other Transactions or cancels or terminates any or all of the Other Transactions, with the result that we would be credited delayed or debited in such manner unable to duly fulfil any or all our payment or delivery obligations to the Customer under the Customer’s transaction, SDA may, at its sole and extent as absolute discretion, delay the performance of its payment or delivery obligations to place the Account in Customer under the same position in which it would have been had Customer’s transaction, or may cancel or terminate the error not occurred. Service Provider reserves the right Customer’s transaction, without any liability to be the final arbiter as related to disputed OrdersSDA.

Appears in 1 contract

Samples: Master Trading Agreement (Digital Assets)

Statements and Confirmations. Subject to the terms of this Agreement, confirmation Confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Servicetrading platform, Provider including but not limited to, ODM Margin Monitor, Service Provider ODM Open Positions window, ODM Spot Book, Account Statement Report and Trade History Report. Trades done over electronic trading platform will be executed for the Customer’s Account on their behalf and also be reflected online in the ODM Margin Monitor, ODM Open Positions Window, ODM Spot Book, Account Statement Report and in their Trade History Reporttrade history report. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to by email immediately upon receipt and such objection is confirmed in writing within three one (31) Business Days ODM business day after the transmission to CustomerCustomer or if ODM does not change the confirmed execution price and details. ODM reserves the right to change confirmed rates, prices or trade details of executed and confirmed deals if ODM determines that the electronic or verbal price or details from that deal were executed in error. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax telephone or email. Written objections on Customer’s part shall be directed to (GOBAL FXOD Markets Ltd., Attn: Customer Objections, 00, Xxxxxxxxx Xxxxxx, Xxxxx Xxxxx, Xxxxxxxx, 0000 New Zealand or Millennium City 1, 388 Xxxx Xxxx Road, Xxxx Xxxx, Kowloon, Hong Kong, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service ProviderODM, or Service Provider ODM’s agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Customers ODM Open Position window, in the Service Provider ODM Margin Monitor, Account Statement Report and in their Trade History Report upon re logging back into the Service Provider applicationODM application or such other platform as ODM shall provide. Customer’s Account statements will be available online in the Reports section of the Service Provider ODM Internet Trading Platform. Monthly Platform and Customer monthly statements will be available by e-mail upon requestmail, fax and/or mail. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider ODM to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service ProviderODM’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call bring to Service ProviderODM’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Customer Agreement shall operate to prevent Service Provider ODM from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Customer’s Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 1 contract

Samples: Customer Agreement

Statements and Confirmations. Subject to the terms of this Agreement, confirmation ‌ 19.1. Confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Service, Provider Margin Monitor, Service Provider Open Positions window, Account Statement Report Online Trading Platform. Trades done over the telephone will be executed for the Customer’s account on their behalf and also be reflected online in their Trade History Reportthe FXDD Online Trading Platform. Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to by e-mail, return receipt requested within two working days of being issued and such objection is confirmed in writing within three two (32) Business Days after FXDD business days from receipt of such objection by FXDD or if FXDD does not change the transmission confirmed execution price and details. FXDD reserves the right to Customerchange confirmed rates, prices or trade details of executed and confirmed deals if FXDD determines that the electronic or verbal price or details from that deal were executed in error. Margin calls Calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, and shall be deemed received only if actually delivered or mailed by registered mail, email return receipt requestedrequested within two (2) working days of being issued and such objection is confirmed in writing within two (2) business days from receipt of such objection by FXDD. Failure to object shall be deemed ratification of all actions taken by Service Provider, FXDD or Service Provider agents prior to CustomerFXDD’s receipt of said reportsagents. Trades executed online will be confirmed online at the time of the tradetrade and trades entered into by telephone will be confirmed verbally and online by the end of the FXDD business day. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Open Position window, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report Customers FXDD Online Trading Platform upon logging back into the Service Provider applicationre logging. Customer’s Account statements will be available online in the Reports section of the Service Provider Internet FXDD Online Trading Platform. Monthly Platform and Customer monthly statements will be available by e-mail upon requestand/or mail. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider FXDD to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service ProviderFXDD’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call bring to Service ProviderFXDD’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement These Terms and Conditions shall not operate to prevent Service Provider FXDD from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place the Customer’s Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.

Appears in 1 contract

Samples: Customer Agreement

Statements and Confirmations. 5.1 The Bank will send a confirmation to the Customer in respect of each transaction effected pursuant to an instruction given through the Internet or other electronic means or by telephone. 5.2 The Bank will send a monthly statement to the Customer in respect of each of the accounts of the Customer summarising the transactions effected through such account since the date of the preceding monthly statement. However, subject to applicable laws, regulations and other codes of conduct, no monthly statement will be sent in respect of accounts for which a passbook is provided to the Customer, accounts with no transaction since the date of the previous monthly statement and accounts for which the balance as at the date on which the monthly statement should otherwise be sent is less than such amount as may be notified by the Bank from time to time. Subject to the terms agreement of this Agreementthe Bank, the Customer may request the Bank to send a consolidated monthly statement to the Customer in respect of such accounts of the Customer as be acceptable to the Bank, instead of an individual statement for each of such accounts summarising the transactions effected through such accounts since the date of the preceding monthly statement. The Bank will send such other statements and confirmations to the Customer as may be required by applicable laws, regulations and codes of practice. 5.3 Confirmations and monthly statements will be sent to the Customer by mail, e-mail or such other means as the Bank may determine. 5.4 The Customer undertakes to verify the correctness of each confirmation and monthly statement received from the Bank within ninety (90) days from the receipt thereof of any discrepancies, omissions or debits wrongly made to or inaccuracies or incorrect entries in the Bank’s record of transaction, monthly statement and confirmation as so stated. At the end of the ninety (90) day period commencing from the date of the relevant monthly statement or confirmation, the Bank’s record of transactions and the details of the transactions as set out in such monthly statement or confirmation shall be conclusive evidence without any further proof that the Bank’s record of transaction and the details in such monthly statements or confirmation are correct except as to any alleged errors so notified. 5.5 Notwithstanding anything aforesaid, the Bank shall be entitled to revise any monthly statement or confirmation previously sent to the Customer to correct any details contained therein which have been wrongly or mistakenly made by the Bank. Clause 5.4 shall apply to such revised monthly statements or confirmations. 5.6 Except as provided above and notwithstanding anything to the contrary in these General Terms or any Specific Terms, the Bank shall be free from all claims in respect of the details of the transactions as set out in the monthly statements or confirmations notwithstanding any incorrectness of the details of the transactions as set out in the monthly statements or confirmations whether the same be a result of forgery, fraud, lack of authority, negligence or otherwise of any person whatsoever. 5.7 Except as provided above or unless required by applicable laws, regulations or codes of conduct, the Bank shall have no obligation to accede to the request of the Customer or any person comprising the Customer for any statement, confirmation or information in relation to any of trades will be made online as his accounts without giving any reason. In particular, the trades are executed and should immediately be reflected Bank shall have no obligation to provide any statement, confirmation or information in relation to any of the Customer’s Servicedormant accounts. Without prejudice to the foregoing, Provider Margin Monitoreven if the Bank agrees to accede to the Customer’s request, Service Provider Open Positions window, Account Statement Report the Bank may impose such fees or charges as it may deem fit. 5.8 Notwithstanding anything to the contrary in this clause 5 and in their Trade History Report. Reports these Master Terms and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer Conditions, if not objected in writing within three (3) Business Days after the transmission to Customer. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by Service Provider, or Service Provider agents prior to Customer’s receipt of said reports. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected a “professional investor” as defined in Schedule 1 to the Customer’s Service Provider Open Position windowSecurities and Futures Ordinance, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s Account statements will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and acknowledges that oral information provided by Service Provider to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information the Bank is at Customer’s risk not required to provide the Customer with contract notes, statements of account or receipts pursuant to the Securities and Futures (Contract Notes, Statements of Account and Receipts) Rules (the “Contracts Notes Rules”). Although the Bank may provide the Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision contract notes, confirmations, statements of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The account and/or receipts, the Customer agrees and acknowledges that such errors, whether resulting the Bank is not required to provide the above mentioned documents in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent as to place accordance with the Account requirement stated in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed OrdersContracts Notes Rules.

Appears in 1 contract

Samples: Master Terms and Conditions

Statements and Confirmations. Subject All notices, demands, reports or other communications shall be transmitted to you at the terms of this Agreementaddress or, confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Servicecase of communications, Provider Margin Monitorthe telephone number or e-mail address (if you have consented to e-mail delivery), Service Provider Open Positions window, Account Statement Report and shown on the account application or to such other address you designate in their Trade History Reportwriting. Reports and all online position windows and statements of Accounts for Customer All communications to you shall be deemed correct to have been received by you personally at the time so sent to you, whether actually received or not. By accepting this Agreement during the online registration process, you agree to the provision of information through electronic means such as the Company’s website or your verified email (hereafter the “Durable Mediums”) due to the nature of the relationship between CFI and you, which is deemed acceptable and appropriate. Reports of the execution of orders, trade confirmations or other notices shall be conclusive and binding upon Customer if not objected in writing within three (3) Business Days after the transmission to Customer. Margin calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email. Written objections on Customer’s part shall be directed to (GOBAL FX, Attn: Customer Objections, final and shall be deemed to be accepted and ratified by you, unless you object by written communication actually received by CFI at its principal office within two (2) business days after delivery of or communication of the confirmation, report or notice to you by us. In addition, if CFI has not promptly advised you of the status of any order placed by you, you shall promptly, but in no event later than 24 hours after an order has been placed, contact CFI by telephone to verify your Account status. Your failure to contact us shall relieve CFI of any responsibility or liability with respect to such order. All orders shall only if actually delivered be good for the day such orders are placed, unless specified by you to be open orders. Any open order placed by you will not be cancelled by CFI unless you specifically request cancellation by contacting the landline number as mentioned above to +00000000000. CFI shall not be held responsible for delays in the transmission or mailed by registered mailexecution of orders due to a breakdown, return receipt requested. Failure to object shall be deemed ratification delay in or failure of all actions taken by Service Providertransmission or communication facilities, or Service Provider agents prior to Customerfor any other cause beyond CFI’s receipt control. The Company otters its services online, the Client might check anytime his/her portfolio and the client shall receive by the end of said reportsday closing the daily statement by email from xxxxxxxxxx@xxx.xxxxx. Trades executed online will be confirmed online at the time of the trade. Pending Orders or trades executed while the Customer is offline will be reflected in the Customer’s Service Provider Open Position window, in the Service Provider Margin Monitor, Account Statement Report and in their Trade History Report upon logging back into the Service Provider application. Customer’s Account statements will be available online in the Reports section of the Service Provider Internet Trading Platform. Monthly statements will be available by e-mail upon request. Customer’s failure to receive a trade confirmation shall not relieve Customer of the obligation to object as set out herein. Customer understands and The Client acknowledges that oral information provided the daily statements are sent by Service Provider CFI to Customer regarding confirmations of trades and statements of Account may be unverified and incomplete due to delays in transmission and other factors beyond Service Provider’s reasonable control. Customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately call to Service Provider’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Agreement shall operate to prevent Service Provider from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Account will be credited or debited in such manner and extent the Client as to place these are received by the Account in the same position in which it would have been had the error not occurred. Service Provider reserves the right to be the final arbiter as related to disputed Orders.sister company CFI Global Management Ltd.

Appears in 1 contract

Samples: Share Trading Terms and Conditions

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