Common use of SWAP FREE ACCOUNT Clause in Contracts

SWAP FREE ACCOUNT. 32.1. In the case where the Client opens a swap-free Trading Account(s), the Client acknowledges and agrees to the following: (a) If the Company suspects any fraud, manipulation, swap-arbitrage or other forms of deceitful or fraudulent activity in a Client’s account(s) or otherwise related or connected to any and/or all Transactions, then the Company reserves the right, at its sole discretion, to close all open positions in the Client’s Trading Account and deduct or add a penalty (equivalent to the swap and/or any profit amount) for all Transactions made in the account and decline from accepting any further requests from the Client to be exempted from any swaps; (b) The Client acknowledges and agrees to: (i) trade only with instruments shown in the List; and (ii) the swap free charge for all positions open as these may be defined and/or issued by the Company from time to time (inclusive of the day of the position is opened and/or closed) and as such charges and duration is provided within the Contract Specifications for swap free accounts section on the Website. (c) The Client acknowledges and accepts herein that, the Company reserves the right upon its sole discretion, from time to time, and/or at any time to: (i) amend the swap free charge; and/or (ii) amend the Instruments provided by posting on the swap free accounts section, following which such amendments/changes shall be effective on the date stated thereof; and/or (iii) discontinue the swap free Trading Account without issuing further warning to the Client. 32.2. In the event that the Company determines, in its sole discretion, that an Order(s) submitted by the Client is clearly erroneous, the Company reserves the right to disable the relevant account of the Client to Close Only Mode. A ‘clearly erroneous order’ is defined as, but shall not be limited to, an order at a price substantially different from, or inconsistent with, the prevailing market for any given tradeable financial instrument on a trading day or, as applicable, outside the traded range for any given tradeable financial instrument for a particular moment in time that may be in question. 32.3. If the Company disables the Client’s account to Close Only Mode, it means that the Client shall not be permitted to open any new Transactions or increase exposure under existing Transactions, but the Client shall be permitted to close, part close or reduce exposure under the existing Transactions. 32.4. The right of the Company to disable the account is subject to prior notification of the Client. The Company shall give the Client either oral or a written (includes electronic) notice of its intention to disable the account. The Client shall have three (3) working days from the date of notice to withhold all clearly erroneous Orders. In the event that the Client has failed to do so, the Company shall disable the account as stated above until any of the erroneous Orders is effective. 32.5. The Company shall not be liable for losses of the Client arising from or in connection with submission of the clearly erroneous Order(s) and followed disability. The Client agrees to indemnify and hold the Company harmless from all damages or liability as a result of the foregoing. Any dispute arising in this regard shall be resolved by the Company in its sole and absolute discretion.

Appears in 5 contracts

Samples: Client Agreement, Client Agreement, Client Agreement

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SWAP FREE ACCOUNT. 32.1. In the case where the Client opens a swap-free Trading Account(s), the Client acknowledges and agrees to the following: (a) If the Company suspects any fraud, manipulation, swap-arbitrage or other forms of deceitful or fraudulent activity in a Client’s Client‟s account(s) or otherwise related or connected to any and/or all Transactions, then the Company reserves the right, at its sole discretion, to close all open positions in the Client’s Client‟s Trading Account and deduct or add a penalty (equivalent to the swap and/or any profit amount) for all Transactions made in the account and decline from accepting any further requests from the Client to be exempted from any swaps; (b) The Client acknowledges and agrees to: (i) trade only with instruments shown in the List; and (ii) the swap free charge for all positions open as these may be defined and/or issued by the Company from time to time (inclusive of the day of the position is opened and/or closed) and as such charges and duration is provided within the Contract Specifications for swap free accounts section on the Website. (c) The Client acknowledges and accepts herein that, the Company reserves the right upon its sole discretion, from time to time, and/or at any time to: (i) amend the swap free charge; and/or (ii) amend the Instruments provided by posting on the swap free accounts section, following which such amendments/changes shall be effective on the date stated thereof; and/or (iii) discontinue Discontinue the swap free Trading Account without issuing further warning to the Client. 32.2. In the event that the Company determines, in its sole discretion, that an Order(s) submitted by the Client is clearly erroneous, the Company reserves the right to disable the relevant account of the Client to Close Only Mode. A clearly erroneous order’ order‟ is defined as, but shall not be limited to, an order at a price substantially different from, or inconsistent with, the prevailing market for any given tradeable financial instrument on a trading day or, as applicable, outside the traded range for any given tradeable financial instrument for a particular moment in time that may be in question. 32.3. If the Company disables the Client’s Client‟s account to Close Only Mode, it means that the Client shall not be permitted to open any new Transactions or increase exposure under existing Transactions, but the Client shall be permitted to close, part close or reduce exposure under the existing Transactions. 32.4. The right of the Company to disable the account is subject to prior notification of the Client. The Company shall give the Client either oral or a written (includes electronic) notice of its intention to disable the account. The Client shall have three (3) working days from the date of notice to withhold all clearly erroneous Orders. In the event that the Client has failed to do so, the Company shall disable the account as stated above until any of the erroneous Orders is effective. 32.5. The Company shall not be liable for losses of the Client arising from or in connection with submission of the clearly erroneous Order(s) and followed disability. The Client agrees to indemnify and hold the Company harmless from all damages or liability as a result of the foregoing. Any dispute arising in this regard shall be resolved by the Company in its sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

SWAP FREE ACCOUNT. 32.134.1. In the case where the Client opens a swapSwap-free Free Trading Account(s), ) the Client acknowledges and agrees to the following: (a) If the Company FXTM suspects any fraud, manipulation, swap-arbitrage or other forms of deceitful or fraudulent activity in a Client’s account(s) or otherwise related or connected to any and/or all Transactions, then the Company FXTM reserves the right, at its sole discretion, to close all open positions in the Client’s Trading Account and deduct or add a penalty (equivalent to the swap and/or any profit amount) for all Transactions made in the account account(s) and decline from accepting any further requests from the Client to be exempted from any swaps; (b) The Client acknowledges and agrees to: (i) trade only with instruments shown in the ListFinancial Instruments; and (ii) the swap free Swap Free charge for all positions open as these may be defined and/or issued by the Company FXTM from time to time (inclusive of the day of the position is opened and/or closed) and as such charges and duration is provided within the Contract Specifications for swap free accounts Swap Free Accounts section on the Website. (c) The Client acknowledges and accepts herein that, the Company FXTM reserves the right upon its sole discretion, from time to time, and/or at any time to: (i) amend the swap free chargeSwap Free Charge; and/or (ii) amend the Instruments provided by posting on the swap free accounts sectionSwap Free Page, following which such amendments/changes shall be effective on the date stated thereof; and/or (iii) discontinue the swap swap-free Trading Account account without issuing further warning to the Client. 32.234.2. In the event that the Company FXTM determines, in its sole discretion, that an Order(s) submitted by the Client is clearly erroneous, the Company FXTM reserves the right to disable the relevant account of the Client to Close Only Mode. A ‘clearly erroneous order’ is defined as, but shall not be limited to, an order at a price substantially different from, or inconsistent with, the prevailing market for any given tradeable financial instrument on a trading day or, as applicable, outside the traded range for any given tradeable financial instrument for a particular moment in time that may be in question.order 32.334.3. If the Company FXTM disables the Client’s account to Close Only Mode, it means that the Client shall will not be permitted to open any new Transactions or increase exposure under existing Transactions, but the Client shall will be permitted to close, part close or reduce exposure under the existing Transactions. 32.434.4. The right of the Company FXTM to disable the account is subject to prior notification of the Client. The Company FXTM shall give the Client either oral or a written (includes electronic) notice of its intention to disable the account. The Client shall have three (3) working days from the date of notice to withhold all clearly erroneous Orders. In the event that the Client has failed to do so, the Company shall FXTM will disable the account as stated above until any of the erroneous Orders is effective. 32.534.5. The Company FXTM shall not be liable for losses of the Client arising from or in connection with submission of the clearly erroneous Order(s) and followed disability. The Client agrees to indemnify and hold the Company FXTM harmless from all damages or liability as a result of the foregoing. Any dispute arising in this regard shall will be resolved by the Company FXTM in its sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

SWAP FREE ACCOUNT. 32.1. 33.1 In the case where the Client opens a swapSwap-free Free Trading Account(s), ) the Client acknowledges and agrees to the following: (a) If the Company FXTM suspects any fraud, manipulation, swap-arbitrage or other forms of deceitful or fraudulent activity in a Client’s account(s) or otherwise related or connected to any and/or all Transactions, then the Company FXTM reserves the right, at its sole discretion, to close all open positions in the Client’s Trading Account and deduct or add a penalty (equivalent to the swap and/or any profit amount) for all Transactions made in the account account(s) and decline from accepting any further requests from the Client to be exempted from any swaps; (b) The Client acknowledges and agrees to: (i) i. trade only with instruments shown in the List; Financial Instruments and (ii) . the swap free Swap Free charge for all positions open as these may be defined and/or issued by the Company FXTM from time to time (inclusive of the day of the position is opened and/or closed) and as such charges and duration is provided within the Contract Specifications for swap free accounts Swap Free Accounts section on the Website. (c) The Client acknowledges and accepts herein that, the Company FXTM reserves the right upon its sole discretion, from time to time, and/or at any time to: (i) amend the swap free chargeSwap Free Charge; and/or (ii) amend the Instruments provided by posting on the swap free accounts sectionSwap Free Page, following which such amendments/changes shall be effective on the date stated thereof; and/or (iii) discontinue the swap swap-free Trading Account account without issuing further warning to the Client. 32.2. 33.2 In the event that the Company FXTM determines, in its sole discretion, that an Order(s) submitted by the Client is clearly erroneous, the Company FXTM reserves the right to disable the relevant account of the Client to Close Only Mode. A ‘clearly erroneous order’ is defined as, but shall not be limited to, an order at a price substantially different from, or inconsistent with, the prevailing market for any given tradeable financial instrument on a trading day or, as applicable, outside the traded range for any given tradeable financial instrument for a particular moment in time that may be in question.any 32.3. 33.3 If the Company FXTM disables the Client’s account to Close Only Mode, it means that the Client shall will not be permitted to open any new Transactions or increase exposure under existing Transactions, but the Client shall will be permitted to close, part close or reduce exposure under the existing Transactions. 32.4. 33.4 The right of the Company FXTM to disable the account is subject to prior notification of the Client. The Company FXTM shall give the Client either oral or a written (includes electronic) notice of its intention to disable the account. The Client shall have three (3) working days from the date of notice to withhold all clearly erroneous Orders. In the event that the Client has failed to do so, the Company shall FXTM will disable the account as stated above until any of the erroneous Orders is effective. 32.5. The Company 33.5 FXTM shall not be liable for losses of the Client arising from or in connection with submission of the clearly erroneous Order(s) and followed disability. The Client agrees to indemnify and hold the Company FXTM harmless from all damages or liability as a result of the foregoing. Any dispute arising in this regard shall will be resolved by the Company FXTM in its sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

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SWAP FREE ACCOUNT. 32.1. In the case where the Client opens a swap-free Trading Account(s), the Client acknowledges and agrees to the following: (a) If the Company suspects any fraud, manipulation, swap-arbitrage or other forms of deceitful or fraudulent activity in a Client’s account(s) or otherwise related or connected to any and/or all Transactions, then the Company reserves the right, at its sole discretion, to close all open positions in the Client’s Trading Account and deduct or add a penalty (equivalent to the swap and/or any profit amount) for all Transactions made in the account and decline from accepting any further requests from the Client to be exempted from any swaps; (b) The Client acknowledges and agrees to: (i) trade only with instruments shown in the List; and (ii) the swap free charge for all positions open as these may be defined and/or issued by the Company from time to time (inclusive of the day of the position is opened and/or closed) and as such charges and duration is provided within the Contract Specifications for swap free accounts section on the Website.. BBI Trading Markets Limited(xxx.xxxxxxxxxxxx.xxx) is licensed by the FinancialServices Commission, 000 XXXXX XXXXXX SUITE 300 TORONTO,ON,CANADA M5V2H1 (c) The Client acknowledges and accepts herein that, the Company reserves the right upon its sole discretion, from time to time, and/or at any time to: (i) amend the swap free charge; and/or (ii) amend the Instruments provided by posting on the swap free accounts section, following which such amendments/changes shall be effective on the date stated thereof; and/or (iii) discontinue the swap free Trading Account without issuing further warning to the Client. 32.2. In the event that the Company determines, in its sole discretion, that an Order(s) submitted by the Client is clearly erroneous, the Company reserves the right to disable the relevant account of the Client to Close Only Mode. A ‘clearly erroneous order’ is defined as, but shall not be limited to, an order at a price substantially different from, or inconsistent with, the prevailing market for any given tradeable financial instrument on a trading day or, as applicable, outside the traded range for any given tradeable financial instrument for a particular moment in time that may be in question. 32.3. If the Company disables the Client’s account to Close Only Mode, it means that the Client shall not be permitted to open any new Transactions or increase exposure under existing Transactions, but the Client shall be permitted to close, part close or reduce exposure under the existing Transactions. 32.4. The right of the Company to disable the account is subject to prior notification of the Client. The Company shall give the Client either oral or a written (includes electronic) notice of its intention to disable the account. The Client shall have three (3) working days from the date of notice to withhold all clearly erroneous Orders. In the event that the Client has failed to do so, the Company shall disable the account as stated above until any of the erroneous Orders is effective. 32.5. The Company shall not be liable for losses of the Client arising from or in connection with submission of the clearly erroneous Order(s) and followed disability. The Client agrees to indemnify and hold the Company harmless from all damages or liability as a result of the foregoing. Any dispute arising in this regard shall be resolved by the Company in its sole and absolute discretion.

Appears in 1 contract

Samples: Client Agreement

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