TERM, TERMINATION AND CANCELLATION. 21.1 You may terminate this Agreement only in accordance with this paragraph 21. 21.2 Either you or we may terminate this Agreement, at any time, by giving the other party at least three (3) Business Days written notice. 21.3 If you terminate this Agreement, you must close all your open Positions as soon as is reasonably practicable and in any event within 21 days of you giving us written notice to terminate this Agreement. Any losses incurred on your trading account prior to its closure will become immediately payable by you. We will not accept any Orders to open new or increase existing Positions after we receive such written notice from you to terminate this Agreement. We will only close your Account if you have fully satisfied and discharged any amounts owed to us in respect of your Account. 21.4 We may terminate this Agreement immediately upon an Event of Default, as set out in paragraph 23, or upon a Force Majeure Event, as set out in paragraph 26. If we terminate this Agreement for these reasons: (a) we will notify you in advance unless we are unable to do so under Applicable Law; and (b) we may close out or cancel any or all of your open Positions without notice on the basis of the price available on the Trading Platform or, where the market is closed, at the next available price on the opening of the market, or as required otherwise by Applicable Law. 21.5 No penalty, fee or charge will be payable by either party upon cancellation or termination of this Agreement under this paragraph 21. 21.6 Where this Agreement comes to an end, we will endeavour to return to you, within 5 Business Days, the net balance of any monies remaining on your Account. 21.7 We will forward any net balances in your Account as directed by you. In the event that you fail to provide instructions we will forward such funds to the account from which you transferred funds from. 21.8 The amount to be remitted to you pursuant to paragraph 21.6 shall be the net balance of your Account less (i) any and all monies due to us from you pursuant to the Agreement; and (ii) any and all taxes and other sums that we are required to withhold from such remittance in accordance with Applicable Law.
Appears in 8 contracts
Samples: Retail Clients Terms of Business, Retail Clients Terms of Business, Retail Clients Terms of Business
TERM, TERMINATION AND CANCELLATION. 21.1 You may terminate this Agreement only in accordance with this paragraph 21.
21.2 Either you or we may terminate this Agreement, at any time, by giving the other party at least three (3) Business Days written notice.
21.3 If you terminate this Agreement, you must close all your open Positions as soon as is reasonably practicable and in any event within 21 days of you giving us written notice to terminate this Agreement. Any losses incurred on your trading account Account prior to its closure will become immediately payable by you. We will not accept any Orders to open new or increase existing Positions after we receive such written notice from you to terminate this Agreement. We will only close your Account if you have fully satisfied and discharged any amounts owed to us in respect of your Account.
21.4 We may terminate this Agreement immediately upon an Event of Default, as set out in paragraph 23, or upon a Force Majeure Event, as set out in paragraph 26. If we terminate this Agreement for these reasons:
(a) we will notify you in advance unless we are unable to do so under Applicable Law; and
(b) we may close out or cancel any or all of your open Positions without notice on the basis of the price available on the Trading Platform or, where the market is closed, at the next available price on the opening of the market, or as required otherwise by Applicable Law.
21.5 No penalty, fee or charge will be payable by either party upon cancellation or termination of this Agreement under this paragraph section 21.
21.6 Where this Agreement comes to an end, we will endeavour to return to you, within 5 Business Days, the net balance of any monies remaining on your Account.
21.7 We will forward any net balances in your Account as directed by you. In the event that you fail to provide instructions we will forward such funds to the account from which you transferred funds from.
21.8 The amount to be remitted to you pursuant to paragraph 21.6 shall be the net balance of your Account less (i) any and all monies due to us from you pursuant to the Agreement; and (ii) any and all taxes and other sums that we are required to withhold from such remittance in accordance with Applicable Law.
Appears in 3 contracts
Samples: Terms of Business, Terms of Business, Terms of Business
TERM, TERMINATION AND CANCELLATION.
21.1 You may terminate this Agreement only in accordance with this paragraph 21.
21.2 Either you or we may terminate this Agreement, at any time, by giving the other party at least three (3) Business Days written notice.
21.3 If you terminate this Agreement, you must close all your open Positions as soon as is reasonably practicable and in any event within 21 twenty one (21) days of you giving us written notice to terminate this Agreement. Any losses incurred on your trading account Account prior to its closure will become immediately payable by you. We will not accept any Orders to open new or increase existing Positions after we receive such written notice from you to terminate this Agreement. We will only close your Account if you have fully satisfied and discharged any amounts owed to us in respect of your Account.
21.4 We may terminate this Agreement immediately upon an Event of Default, as set out in paragraph 23, or upon a Force Majeure Event, as set out in paragraph 26. If we terminate this Agreement for these reasons:
(a) we will notify you in advance unless we are unable to do so under Applicable Law; and
(b) we may close out or cancel any or all of your open Positions without notice on the basis of the price available on the Trading Platform or, where the market is closed, at the next available price on the opening of the market, or as required otherwise by Applicable Law.
21.5 No penalty, fee or charge will be payable by either party upon cancellation or termination of this Agreement under this paragraph section 21.
21.6 Where this Agreement comes to an end, we will endeavour to return to you, within 5 five (5) Business Days, the net balance of any monies remaining on your Account.
21.7 We will forward any net balances in your Account as directed by you. In the event that you fail to provide instructions we will forward such funds to the account from which you transferred funds from.
21.8 The amount to be remitted to you pursuant to paragraph 21.6 shall be the net balance of your Account less (i) any and all monies due to us from you pursuant to the Agreement; and (ii) any and all taxes and other sums that we are required to withhold from such remittance in accordance with Applicable Law.
Appears in 1 contract
Samples: Terms of Business
TERM, TERMINATION AND CANCELLATION. 21.1 22.1. The User Agreement shall come into force and effect on Commencement Date and shall continue to be in force until terminated by either Party according to the provisions hereunder.
22.2. You may shall be entitled to terminate this the User Agreement only at any time by giving written Notice in accordance with Section 23 of this paragraph 21.
21.2 Either User Agreement. In the event of your termination of this User Agreement any open positions should be closed by you or we may terminate this Agreement, at any time, by giving the other party at least three (3) Business Days written notice.
21.3 If you terminate this Agreement, you must close all your open Positions as soon as is reasonably practicable and in any event within no longer than 21 days of after you giving us written notice give Notice, after which we reserve the right to terminate this Agreement. Any losses incurred close such Transactions on your trading account prior to its closure will become immediately payable by behalf, at the last available price, before permanently closing your Trading Account. After we receive written Notice from you. We , we will not accept any Orders type of order to open new positions or increase existing Positions after we receive such written notice from you to terminate this Agreementpositions. We will only close your Trading Account if you have fully satisfied no monies owing to us, and discharged any amounts owed losses incurred on your Trading Account prior to us in respect the closure of the account shall be deemed to be immediately payable by you.
22.3. We shall be entitled to terminate the User Agreement at any time by giving 21 days advance written Notice. After we give Notice, we will not accept any type of order to open new positions or increase existing positions. Any open positions should be closed by you no longer than 21 days after we give Notice, after which we reserve the right to close such Transactions on your behalf, at the last available price, before permanently closing your Trading Account.
21.4 We may terminate this Agreement immediately upon an Event of Default, as set out in paragraph 23, or upon a Force Majeure Event, as set out in paragraph 26. If we terminate this Agreement for these reasons:
(a) we will notify you in advance unless we are unable to do so under Applicable Law; and
(b) we may close out or cancel any or all of your open Positions without notice on the basis of the price available on the Trading Platform or, where the market is closed, at the next available price on the opening of the market, or as required otherwise by Applicable Law.
21.5 No penalty, fee or charge will be payable by either party upon cancellation or termination of this Agreement under this paragraph 21.
21.6 Where this Agreement comes to an end, we will endeavour to return to you, within 5 Business Days, the net balance of any monies remaining on your Account.
21.7 We will forward any net balances in your Account as directed by you22.4. In the event that you fail to provide instructions we will forward such funds to the account from which you transferred funds from.
21.8 The amount to be remitted to you pursuant to paragraph 21.6 shall be the net balance of your Account less (i) any and withdraw all monies due from your Trading Account and cease to us from trade without closing the Trading Account, your account will remain inactive until you pursuant deposit funds into it. Your account may be designated as ‘dormant’ as per Section 20 of this User Agreement, in such event the Company reserves the right to the Agreement; close and (ii) any and all taxes and other sums that we are required to withhold from such remittance terminate dormant accounts, upon giving written Notice in accordance with Applicable LawSection 23 of this User Agreement.
22.5. The User Agreement may be terminated by either party at any time, if
22.5.1. the other party fails to make any payment when due; or
22.5.2. the other party dies, become of unsound mind, is unable to pay its debts as they fall due, is subject to proceedings for bankruptcy (if an individual) initiated by a third party, an administrator or receiver is appointed in respect of such other party or its assets, or such other party makes an arrangement or composition with its creditors or any other similar or analogous procedure is commenced in respect of such other party.
22.6. We may immediately terminate the User Agreement, close and suspend your Trading Account by providing written Notice, in any of the following Events of Default:
22.6.1. you breach any representation under the User Agreement or any other agreement between the parties, or any representation proves to have been false or misleading in any material respect at the time it was made or given; or
22.6.2. you are in material breach of any term of the User Agreement; or
Appears in 1 contract
Samples: User Agreement
TERM, TERMINATION AND CANCELLATION. 21.1 22.1. The User Agreement shall come into force and effect on Commencement Date and shall continue to be in force until terminated by either Party according to the provisions hereunder.
22.2. You may shall be entitled to terminate this the User Agreement only at any time by giving written Notice in accordance with Section 23 of this paragraph 21.
21.2 Either User Agreement. In the event of your termination of this User Agreement any open positions should be closed by you or we may terminate this Agreement, at any time, by giving the other party at least three (3) Business Days written notice.
21.3 If you terminate this Agreement, you must close all your open Positions as soon as is reasonably practicable and in any event within no longer than 21 days of after you giving us written notice give Notice, after which we reserve the right to terminate this Agreement. Any losses incurred close such Transactions on your trading account prior to its closure will become immediately payable by behalf, at the last available price, before permanently closing your Trading Account. After we receive written Notice from you. We , we will not accept any Orders type of order to open new positions or increase existing Positions after we receive such written notice from you to terminate this Agreementpositions. We will only close your Trading Account if you have fully satisfied no monies owing to us, and discharged any amounts owed losses incurred on your Trading Account prior to us the closure of the account shall be deemed to be immediately payable by you.
22.3. We shall be entitled to terminate the User Agreement at any time by giving 21 days advance written Notice. After we give Notice, we will not accept any type of order to open new positions or increase existing positions. Any open positions should be closed by you no longer than 21 days after we give Notice, after which we reserve the right to close such Transactions on your behalf, at the last available price, before permanently closing your Trading Account.
22.4. In the event that you withdraw all monies from your Trading Account and cease to trade without closing the Trading Account, your account will remain inactive until you deposit funds into it. Your account may be designated as ‘dormant’ as per Section 20 of this User Agreement, in such event the Company reserves the right to close and terminate dormant accounts, upon giving written Notice in accordance with Section 23 of this User Agreement.
22.5. The User Agreement may be terminated by either party at any time, if
22.5.1. the other party fails to make any payment when due; or
22.5.2. the other party dies, become of unsound mind, is unable to pay its debts as they fall due, is subject to proceedings for bankruptcy (if an individual) initiated by a third party, an administrator or receiver is appointed in respect of your Accountsuch other party or its assets, or such other party makes an arrangement or composition with its creditors or any other similar or analogous procedure is commenced in respect of such other party.
21.4 22.6. We may immediately terminate this the User Agreement, close and suspend your Trading Account by providing written Notice, in any of the following Events of Default:
22.6.1. you breach any representation under the User Agreement immediately upon or any other agreement between the parties, or any representation proves to have been false or misleading in any material respect at the time it was made or given; or
22.6.2. you are in material breach of any term of the User Agreement; or
22.6.3. you have made any material misrepresentation to the Company; or
22.6.4. you fail to provide information requested in relation to any verification process undertaken by the Company; or
22.6.5. the Company has reasonable grounds to believe that you have filed a false or fraudulent chargeback and/or dispute request to your card issuer or any other payment method used, where, for example, but not limited to, situation where you claim that you were not the one who performed the disputed payment(s) to the Company whilst in fact the payments were performed from your own IP address(es) and/or device(s). Any financial detriment to the Company caused by you being in material breach of the User Agreement is recoverable by the Company from you. If the User Agreement is terminated due to an Event of Default, as set out in paragraph 23, or upon a Force Majeure Event, as set out in paragraph 26. If we terminate this Agreement for these reasons:
(a) we will notify you in advance unless we are unable to do so under Applicable Law; and
(b) Default we may close out or cancel any or all of your open Positions without notice based on the basis of the price current quote available on the Trading Platform or, in the case where the any market is closedclosed for any reason, at the next available price quote reasonably made by the Company on the opening of the said market, or as required otherwise by Applicable Law.
21.5 No penalty, fee or charge will be payable by either party upon cancellation or 22.7. In the event of the termination of this Agreement under this paragraph 21.
21.6 Where this Agreement comes to an endUser Agreement, we will endeavour will, subject to Section 22.9, return to you, within 5 Business Days, you without undue delay the net balance of any monies remaining on your Trading Account.
21.7 . We will only be able to forward you any net balances in your Trading Account as directed by youupon receipt of a withdrawal request submitted via your Trading Account. In the event that you fail to provide instructions submit a withdrawal request we will shall forward such funds directly to your bank account or other verified payment methods as and if notified to us. No penalty will be payable by either party on termination of the account from which you transferred funds fromUser Agreement.
21.8 22.8. The amount to be remitted to you pursuant to paragraph 21.6 Section 22.7 shall be the net balance of your Trading Account less (i) any and all monies costs, fees, charges due to us from you pursuant to the Agreement; User Agreement and (ii) any and all taxes and other sums that we are required to withhold from such remittance in accordance with Applicable Lawapplicable law. For the avoidance of any doubt any costs, fees and charges are reflected and notified to you before you place Orders on each instrument's details tab on the Trading Platform.
22.9. The rights set forth in this Section 22 shall be in addition to, and not in limitation or exclusion of, any other rights which a non-defaulting party may have (whether by agreement, operation of law or otherwise).
22.10. Upon cancellation or termination of the User Agreement you shall immediately cease to use or have access to the Trading Platform (in any format).
22.11. Termination of the User Agreement for any reason will:
22.11.1. be without prejudice to any obligation or right of any party which has accrued prior to such cancellation or termination (or will thereafter accrue in respect of the period before such cancellation or termination); and
22.11.2. not affect any provision of the User Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination.
22.12. Without prejudice to the generality of Section 22.11, the provisions of Section 22 will survive cancellation or termination of the User Agreement for any reason for a period of 2 years or, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through your breach of this term.
Appears in 1 contract
Samples: User Agreement
TERM, TERMINATION AND CANCELLATION. 21.1 You may terminate this Agreement only in accordance with this paragraph 21.
21.2 Either you or we may terminate this Agreement, at any time, by giving the other party at least three (3) Business Days written notice.
21.3 If you terminate this Agreement, you must close all your open Positions as soon as is reasonably practicable and in any event within 21 twenty one (21) days of you giving us written notice to terminate this Agreement. Any losses incurred on your trading account Account prior to its closure will become immediately payable by you. We will not accept any Orders to open new or increase existing Positions after we receive such written notice from you to terminate this Agreement. We will only close your Account if you have fully satisfied and discharged any amounts owed to us in respect of your Account.
21.4 We may terminate this Agreement immediately upon an Event of Default, as set out in paragraph 23, or upon a Force Majeure Event, as set out in paragraph 26. If we terminate this Agreement for these reasons:
(a) we will notify you in advance unless we are unable to do so under Applicable Law; and
(b) we may close out or cancel any or all of your open Positions without notice on the basis of the price available on the Trading Platform or, where the market is closed, at the next available price on the opening of the market, or as required otherwise by Applicable Law.
21.5 No penalty, fee or charge will be payable by either party upon cancellation or termination of this Agreement under this paragraph section 21.
21.6 Where this Agreement comes to an end, we will endeavour to return to you, within 5 five (5) Business Days, the net balance of any monies remaining on your Account.
21.7 We will forward any net balances in your Account as directed by you. In the event that you fail to provide instructions we will forward such funds to the account from which you transferred funds from.
21.8 The amount to be remitted to you pursuant to paragraph 21.6 shall be the net balance of your Account less (i) any and all monies due to us from you pursuant to the Agreement; and (ii) any and all taxes and other sums that we are required to withhold from such remittance in accordance with Applicable Law.
Appears in 1 contract
Samples: Terms of Business
