General Terms and Conditions for Opening an Account
Introduction
Please read these terms and conditions carefully. By accessing this site and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access this site, or any pages thereof.
By confirming his consent to the terms of this Agreement, pressing the button at the bottom of the account opening form, the Client hereby agrees to the terms of the following Agreement:
Agreement for the Provision of Trading Services in Capital Markets via Internet, between:
Finexo Global Investments Ltd (hereinafter: “the Company”)
And the client whose details have been entered into the Online Form on the account opening page of the Company's website (hereinafter: “the Client”)
Whereas; The Company is a White Label Partner of a regulated European bank (hereinafter: “the Bank”).
And whereas; The Company allows its Clients the usage of a trading platform, constituting an online service via internet and/or mobile phone, for the execution of transactions in the FOREX market (exchange rates of foreign currencies), FOREX derivatives and various financial assets, in an account that the Client shall open with the Company (hereinafter: "the Transactions");
And whereas; The Company shall allow for the execution of transactions in Forex and various financial assets, which it shall from time to time choose and specify;
And whereas; The Client is an experienced trader in the FOREX market and he is familiar with all the risks involved in these kinds of transactions.
And whereas; The Client wishes to open an account with the Company in order to use the said system and to enter into transactions with the Company as follows;
It is agreed by the parties as follows:
General Terms and Conditions for Opening an Account
1. The term "this Agreement" refers to all the appendices that are an integral part of this agreement as well as any other appendix that will be defined by the Company. Those appendices will be amended by the Company from time to time.
2. The Client authorizes the Company to open an account/several accounts on his behalf in order to execute trades with the Company. The Client will open an account via the Company subject to the Appendix for Client Details identification as provided hereunder. The Client declares that and undertakes that he operates on his account on his own behalf only and not for another person or any other legal entity and that any sum of money that may be funded to his account from time to time belongs to him only and that he will execute trades on his account according to the law.
3. I, the signee below, do hereby declare that all sums of money that have been or will be deposited, and all sums of money that have been or will be transferred, from time to time, belong solely to me and are in my ownership, and that I do not trade on behalf of any other persons in my account. It is clear to me that should a different scenario be revealed to the Company, the Company will be permitted to terminate all activity in the account without any former warning.
4. Operating the Account:
a. The method for executing the Transactions shall be by the Client’s request to execute a transaction and providing a price quote and terms by the Company to the Client for the execution of the Transaction. The Client may do so through the Company pursuant to the procedures detailed in the appendix to this Agreement, which constitutes an integral part thereof.
b. Currency conversions of transferred funds will be done using the current spot rate plus/minus 0.5% when the amount is credited or debited from your account.
c. Currency conversions of profits and losses from trading activities are done using the
prevailing close rate at New York (5pm New York time) plus/minus 0.5%.
d. The Client may, subsequent to Client’s written application to the Company, at least seven business days in advance, withdraw any amount, or a portion thereof, which is in his credit in the Client account with the Company, and which does not serve as collateral for an existing transaction, as may be specified by the Company from time to time. In the event of withdrawal of the entire amount, the notice shall also include a notice whether the Client is interested in closing the account. However, if the Client is consisted of more than one person, then any withdrawal of funds will be executed after authorization and signature of all the individuals that are identified as the Client.
e. A bank transfer and/or transfer via credit card and/or other, from the Company to the Client, shall be executed subject to the law applicable to said transfer, provided that all Client's identification details have been attached as required by the Company and provided that the Client bears the cost of said transfer, and provided that there is full compatibility between deposit details and withdrawal details.
5. Website:
a. Insomuch as the Client shall make use of the Company’s Internet site at www.forexwebtrader.com and/or via other sites or links that the Company shall decide from time to time, including links to the trading platform and the Company’s website (hereinafter: “the Site”), the terms of use of the Site (including updates to this Agreement), as they appear on the Site, and that are attached as appendix to the written copies of this Agreement, formulated in writing, shall be binding to the parties as an integral part of this Agreement and the Client is obliged to keep himself updated of the terms and/or updates to this agreement that appear on the Site.
b. This Agreement is inclusive of all parties Agreements with respect to the subject, and cancels any other representation, obligation, contract and consent. Any change to this Agreement, or to any of its terms, shall be entered in writing and shall be signed by all parties thereto, except for the changes mentioned in article 6.a.
Despite the aforesaid, it is agreed that the company would have the permission to change this
agreement by sending a notification to the client via the electronic mail address that was given to the Company by the Client. It is agreed that if the client would not answer this message within 15 days from the day the message was sent it would be considered as if he agrees to the change aforesaid. This will oblige the sides to any matter, unless the client would be able to prove that the message was not accepted by him.
c. If the Client is more than a single entity, each of the Client’s individuals shall be responsible, jointly and separately, to the Client’s undertakings.
d. This Agreement shall apply to any transaction that the Client shall enter into via the Company,
including with respect to any transaction entered into by the Client through services via the internet, and/or telephone and /or any other service provided by the Company, and/or by any other person or entity, at www.forexwebtrader.com and/or through other sites or links that the Company shall decide from time to time, or trade via mobile phone or other mobile device that the Company shall provide by itself, through the Company, and/or through any other person or body, and/or via other sites or links that the Company shall decide from time to time.
6 Client Responsibilities:
a. The Client declares that he is aware of the fact that the Company operates as a WLP of the Bank, and it is not, in any way, a principal, agent, trustee, mediator and any other functionary of or for the Client. Therefore, the Client has and shall not have any contention or claim against the Company and/or any party on its behalf with respect to this Agreement or the Transactions executed thereby.
b. The Client is responsible for all tax matters of any type for his transactions
under this Agreement, if such exist.
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Appendix 1-Transaction Procedures with the Company
1.
a. Before executing a transaction, or entering a change in the terms of an existing transaction, the Client shall deposit an amount not less than the amount sufficient for covering potential losses of the Client in the transaction, according to what is required by the type of the transaction (Forex Spots, Forex Forwards, Forex Options, CFDs, Futures, Stocks shares and/or others) as detailed in the trading terms and/or the internet Site of the Company attached as part of the trading system (hereinafter - "the Collateral"). However, the Company may specify collateral in a different amount for certain transactions, under the Company's procedures and/or change it according to its considerations of the requirements for the minimal collateral. The collateral shall be deposited in the Company's account, or in the account of the currency provider or directly in the Bank.
b. It is made clear that depositing the collateral is a condition for the execution of the transaction, and the Company shall not allow for the execution of transactions prior to the deposit of the collateral.
c. At the time when a profit is generated for the Client by the execution of a transaction, or when the Client is entitled to any other credit from the Company, the profit or credit shall be added to the collateral and shall be deemed part of it.
d. In any transaction between the Client and the Company, no transfer of money or assets shall be made, except for payments made by the parties for a transaction for profits or losses from the transactions.
e. If a loss is created by the Client from the execution of a transaction, or if the Client is charged with a commission or any other deduction, the Client's loss from the transaction shall be deducted from the collateral, as well as any such charge and commission, and shall be transferred to the Company.
f. The Company shall not pay the Client any interest on the collateral and on any credit balance or asset in the Client account with the Company.
g. The Client agrees that Finexo is authorized to deposit Client’s money that is deposited with it, in a banking corporation, or in any other financial institution, and it may use these monies as collateral for the Client’s activities.
h. In a situation where any indication is present to the existence of prices in the markets, whereby the Client's foreseeable losses in a transaction reflect a balance in the account, from the overall value of Client’s account (the collateral plus revaluation of the profit or minus the losses from his transactions), which is equal in percent to the stop out point, according to the details in the site and/or to the type of account as shall be defined by the Company from time to time, the Company may then, but will not be obliged to, close all Client's transactions, or part of them, without providing advance notice, and the Client shall not have any claim against the Company for this.
i. Notwithstanding the abovementioned, in the event that as a result of the exchange rates prevailing in the relevant markets, or for any other reason, it was not possible to execute transactions as mentioned in article 1(h) above, and a negative balance was created in the Client's account with the Company, the Client shall also be responsible to return to the Company any amount exceeding the collateral, for the purpose of covering the negative balance created in his account.
2. The Client shall pay the Company on demand:
a. Such sums of money by way of deposits, or as initial or maintenance margin as the Company may require. In a case of a contract affected by the Company on an exchange, such margin shall not be less than the amount or percentage stipulated by the relevant exchanges plus any additional margin that the Company at its reasonable discretion may require.
b. Such sums of money as may from time to time be due to the Company under a contract and such sums as may be required in or toward clearance of any debit balance or any account; and
c. Such sums of money as the Company may from time to time to require as security for the client's obligation to Finexo.
d. Any amount to maintain a positive cash-balance on any and all Account(s) .The Company will be authorized to balance the client's accounts using funds from his other accounts at the company. The client will bear the commissions and any other expenses that this action involves.
e. In the event that the Client’s account shall run into a negative balance, the Company shall be permitted, but not obliged, to balance the account via transfers from other accounts belonging to the Client with the Company. The Client shall bear the costs of commissions and any other costs resulting from this action.
For the purposes of this Agreement:
“Closing a transaction” – shall be the execution of a reverse transaction (the sale of a financial asset that had been purchased, and vice versa) in the amount or quantity similar to the amount or quantity in the opening transaction for the same value date.
"Value date” – a day on which the banks in a banking system of the country of the currency being traded are open for banking services.
"Person” and in plural “People” – any person and/or corporation and/or factor having a legal personality, including any artificial legal personality.
“Interest Gap” – a gap created between the interest accumulated for the benefit of the Client on the currency that the Client has undertaken to purchase or to sell, and the interest accumulated against the Client for the assets that the Client had undertaken to sell or to purchase. The interest gap shall be calculated by the Bank.
“Transaction Rollover” – closing a transaction at the end of a business day at the exchange rate by which the transaction was purchased on the same business day and opening a new transaction at the same exchange rate with an addition or deduction in the transaction exchange rate, of which the monetary value shall be equal to the interest gap.
· All the transactions shall be closed by the Client up to the end of the trading day (22:00 GMT). A Client who does not close his transactions as mentioned above, the Company shall automatically execute a transaction rollover using the trading system.
· Subject to the provision of article 1, the Company may, at its sole discretion, close transactions of the Client, if the loss from the transaction is equal to the collateral allocated to the transaction, without requiring notice to the Client.
· Subject to the provisions of this Agreement, the Company shall honor any order by the Client for closing a transaction and/or opening of trade on a "Best Efforts" basis.
· The Client may execute a stop loss transaction, i.e. a counter-transaction to an existing transaction that is at a loss in light of the exchange rates in the market at that time.
3. Orders:
a. The provision of orders by the Client and the management of trade by the Company shall be in accordance with the customs of the financial markets.
b. All stop-loss orders will be exercised at the time that the order has been triggered. The Company is not obliged to trade at the rate place by the Client, rather at the rates that are available in the markets after the order has been triggered.
c. Orders may be placed as market orders to buy or sell an instrument as soon as possible at the price obtainable in the market, or limit and stop orders to trade when the price reaches a predefined level, as applicable to the various instruments offered. Limit orders to buy and stop orders to sell must be placed below the current market price, and limit orders to sell and stop orders to buy must be placed above the current market price. If the bid price for sell orders or ask price for buy orders is reached, the order will be filled as soon as possible at the price obtainable in the market. Limit and stop orders are thus not guaranteed executable at the specified level or amount, unless explicitly stated by the Company for the specific order.
4. Telephone Orders:
a. The Client may provide orders via telephone and/or the trading platform pursuant to the the Company procedures. The Client is aware that orders provided by telephone and/or the trading platform involve certain risks, including the risk that there may be some situations where the Client’s orders are not properly understood and where orders are not partially or fully filled, and the Client assumes all risks entailed by this method of operation, and discharges the Company and/or any party on its behalf of any liability to any direct or indirect damage that may be caused to the Client, by the provision of phone orders from the Client to the Company. The Company and/ or any party on its behalf, may record phone conversations with the Client without advance notice to the Client. The Company and/or any party on its behalf bear no duty to perform or to maintain such recording, but such recordings, if they exist, may be used in the resolution of disputes between the parties.
5. System Risks:
a. All transactions shall be executed in the Client’s account and/or the account of an agent managing the Client’s funds, and any outcome of these transactions shall be under the sole responsibility of the Client, including the transactions executed by the Agent.
b. The Company shall not bear any liability and the Client waives any contention and right towards the Company, with respect to any damage caused to the Client as a direct or indirect outcome of this Agreement and from the execution of transactions.
c. The Company shall not bear any liability and the Client irrevocably waives any contention or claim or right towards the Company, with respect to the use of the trading system via internet and/or mobile phone and/or other, with respect to the damage caused, inter alia, by force majeure or any external event that is uncontrollable by the Company and/or by any party on its behalf, impacting trade, including a delay in communication, internet failure, computer breakdown or any other technical malfunction, whether at the various telephone and communication companies, or in the computers of the various internet service providers, in the computers of the Company or any party on its behalf or in the Client’s computers. The Client declares that the stipulation of this article arises from the fact that the execution of trade via the internet is exposed to technical failures that are unforeseeable, and he understands and agrees to the risks related thereto.
d. The Client agrees that in any case, the limit of the Company’s liability towards the Client shall be the amount of collateral deposited by the Client for the purpose of the transactions within the framework of this Agreement.
e. The Client shall be responsible for all operations executed in his account, including credit card deposits and withdrawals, and is responsible for securing the login password to his account, such that it would be known exclusively to him, or to those authorized by him, and he hereby waives any contention and right towards the Company, for any damage occurring as a result of an act or omission of the Client or anyone acting on his behalf, resulting in an improper and inappropriate activity in his account.
6. The Client again declares that he is aware of the fact that the provision of trading services via internet and/or mobile phone is a service involving communication and software, and therefore, faults may occur that are not dependent upon the Company and/or are not under its control. Therefore, The Company and/or any party on its behalf shall not bear any responsibility, and the Client waives any contention towards them with respect to the damage that may be caused to the Client, as a result of a fault in the activity of the site and/or trading platform and/or mobile phone.
6.1 The information available on the Company’s websites is from recognized and reputable third parties sources and reports. The information is not checked or tested by the Company beyond this, and the Company does not attest to its accuracy.
6.2 In the event of discrepancy between the data on the website and the data in the Company’s records, the data in the Company’s records shall prevail. The Company shall not be responsible for any damages incurred by the Client’s reliance on the information on the Company’s website.
6.3 A prerequisite for use of the Company’s website, or trading platforms marketed by it, the Client’s declares that the Company and/or a representative of the Company (hereinafter, “Finexo”) will not be responsible to the Client and/or any other third party and/or anyone connected to the Client for any damage (including direct damage, indirect damage, loss of income, any other resulting damage, and/or any other damage of any kind) that would cause the Client, as a result of trading executed via Finexo, and/or as a result of the use of Finexo’s website for any purpose. The above is valid even if Finexo knew or should have known that the damage was likely to have been incurred.
6.4 In addition to the above, the Company emphasizes that it shall not be responsible should the Client and/or a representative of the Client and/or any third party for any loss cause by a fault in an electronic or mechanical system, including faults in telephone and communication lines, Internet lines, unauthorized access to the website or Client’s accounts, platform problems, computer viruses, theft, weather damage, any damage resulting from a terror attack and/or any other force majeure and/or any factors upon which Finexo has no control or check.
6.5 Should any of the above mentioned, or any part thereof, not be in accordance with the laws applicable to the relationship between the Client and Finexo, both parties will be subject only to that which is required by law.
6.6 A prerequisite for the use on the company’s websites is that the Client agrees to compensate the Company and/or its representatives against any claim, loss or responsibility, including any expense or legal expense resulting from the Client’s and/or a representative of the Client’s use of the Company’s internet sites, and/or from a breach from the Site’s Terms and Conditions and/or from a breach of the above, whether as result of actions by the Client, or as a result of actions of a representative. It is also agreed that, in the event of any claim against the Company, the Company or a representative of the Company, shall be permitted to take any action necessary, upon its sole consideration, in order to protect itself or remove any claim against it, including compromising and/or coming to any other agreement concerning the above mentioned claim, and the Client shall have no complaint regarding this, provided that the Company and/or a representative of the Company has informed and updated the Client as to this decision.
7. Trade in the site or in part of the site and/or with the link to the mobile phone, may be stopped without prior notice for a reason that does not pertain to the Company. In the event of such a trade stop, the Company may close open transactions of the Client without notice to the Client, at fair prices, reflecting market conditions at the time. The Client waives any contention or right of subrogation in such a situation, against the Company, for damage caused to him as a result of stopping the trade whether for transactions that he had executed or for transactions that he did not execute.
7.1 The trading platform may be available for download via the Company’s website. The Company shall not be responsible for any damage that may occur from such a download, and/or from the use of a platform which was downloaded from the site.
8. Trade Cancellation:
The Company may cancel a transaction executed subsequent to a mistake in the exchange rate, including a mistake in the computer and information systems, controlled or not controlled by the Company, by providing notice to the Client.
It is possible that errors may occur in the prices of transactions quoted by the Company. In such circumstances, without prejudice to any rights, The Company shall not be bound by any Contract which purports to have been made (whether or not confirmed by The Company) at a price which:
· The Company is able to substantiate to the Client, was manifestly incorrect at the time of the transaction; or
· Was, or ought reasonably to have been, known by the Client to be incorrect at the time of the transaction.
8.1 Trading strategies aimed at exploiting errors in prices (commonly known as “sniping”) or technical errors of the trading platform are not accepted by the Company. If the Company, would be considered as a violation of this contact and are not accepted by the company. At its sole discretion in good faith, determines that the Client is taking advantage or attempting to take advantage of such misquotes and/or technical errors of the trading platform or is performing other forms of abusive trading, provided that Finexo, or another EU or internationally recognized financial institution, can render probable that the Client, based on his trading strategy, or other provable behavior, deliberately and/or systematically has exploited or attempted to exploit such an error, the Company is entitled to take one or more of the following countermeasures:
· Adjust the price spreads available to the Client;
· Restrict the Client’s access to streaming, instantly tradable quotes, including providing manual quotation only;
· To close any trade of the client in a one side manner without any prior notice to the client . Also to retrieve from the Client’s account any historic trading profits that have been gained through such abuse of liquidity – as determined by the Company in its sole discretion in good faith – at any time during the Client relationship;
· And/or terminate the Client relationship immediately and without notice.
8.2 The client is advised that the Bank and/or the Company shall have the right, in addition to any other rights it may have under the Terms and Conditions to close open trades and/or limit the size of the Client’s open positions, and/or to refuse entry orders. Situations where the Bank and/or the Company may exercise such right include, but are not limited to, where:
· The Bank and/or the company has reason to believe that the client may be in possession of inside information;
· The Bank and/or the company considers that there are abnormal trading conditions; or
· The value of the clients Security falls below the minimum margin requirement as defined in appendix no.1 to this agreement.
· The Client has a negative cash-balance on any Account.
· The Company and/or the Bank suspect that the client has traded maliciously using price errors or abnormal trading conditions or technical failures of the trading platform.
· Pause of trading in the trading platform without any prior notice as a result of force majeure and/or any other reason that is not in the hands of the Company.
· The Agreement has been terminated.
9. Rules Pertaining to the use of the Website and Trading Platform:
a. Access to the Company’s sites is available via the internet from all the countries that allow this service. The Company is not responsible for the legality of use of the internet by the Client in the country of his residence. Each client is responsible to verify that his activity according to this agreement is not against the laws of the country from which he is using the internet. If there is an uncertainty of the Client concerning the activity according to this agreement, it is forbidden for him to trade at this location.
b. It has been clarified to the Client that the Company has permission to stop the activities of the Client in his account without prior notice, should the Company have a basis for assuming that the client is not fulfilling his obligations as aforesaid.
c. The Client declares that the use of the Company services and its site does not contradict any law applicable to him, and undertakes to fulfill any legal obligation applicable to him subsequent to the use of the Company services and the outcomes thereof.
d. The Client declares that the activity in the account managed with the Company is solely his own, and that he is not managing the account for any other persons, unless the Client declares that he is managing the account for a beneficiary or beneficiaries or any third authorized party and submits their details in the relevant places in the appendix for Declaration of Beneficiary in the Account, attached to this Agreement.
e. The Client declares that the origin of the money to be deposited in the Client account from time to time is not from an illegal and/or prohibited activity, including but not limited to, from drugs, weapons and/or terror-related transactions and that it belongs only to him.
f. The client declares that all the money that is held on his account, belongs to him by law and would remain this way.
g. The Client declares that all information submitted to the Company, at the time at which it was submitted, was correct and accurate in every relevant way and shall remain so also in the future, and that the client shall not destroy or delay information relevant to the Client’s account. The Client also declares that all relevant information, including, but not limited to, change of name, address, telephone number, identification number, email address, shall be passed on to the Company as soon as possible after the changes have been made.
10. Reporting:
The Client declares that it is known to him that he has access to all reports in the system. Upon the abovementioned, and according to the Client’s request, the Company shall transfer to the Client a report and/or shall provide him with reports concerning the transactions he had executed and closed, open transactions and the updated situation of his account. The format of the report shall be as is acceptable to the Company.
11. Identity Verification:
The Client declares that it is known to him that opening an account with the Company requires signing this Agreement, a copy of his identification card and/or passport and/or Company registration number if the Client is a company, and a certificate of residential address (hereinafter and above: “Client identification details”). The Client agrees, and shall not have any counter-contention, that the Company is entitled to freeze and/or close the Client’s account if all the Client identification details were not attached within seven days of opening the account, as required.
12. Fees:
The Client shall be debited by the Company with commissions and charges at the rates according to the product he trades. The commissions shall be collected by the Company from the collateral funds.
12.1 The Company may vary such commissions and charges without notice when the change is to the Client's advantage, or the grounds for such changes are due to external circumstances beyond the Company's control. Such circumstances may be changes in the relationship with the Bank which affects changes in commissions and charges that are transferred to the client by the Company.
12.2 The Company may vary such commissions and changes with one month's notice if:
a. Market conditions including comparative behavior, call for changes to the Company's conditions.
b. The Company, for commercial reasons wishes to change its general cost and pricing structure.
c. Significant particulars of the Client, based on which individual conditions were provided, have changed
13. Dissemination of Information:
a. Neither The Company nor any party on behalf of the Company will provide the Client with consultation pertaining to the execution or non-execution of transactions of any type.
b. The Company may, but shall not be obliged to put at the Client’s disposal, from time to time, directly and/or through any party on its behalf, information including, but not only, indications and/or forecasts and/or trading strategies and/or market signals and/or assessments and/or market analysis with respect to Forex rates or other assets as provided to it by information providers, including the Bank. It is known to the Client that the Company runs an internet site (www.forexwebtrader.com as well as other sites or links that The Company shall decide from time to time), and sends SMS and/or E-mail and/or others which also contain information, and the Client may use this information (all the above mentioned shall hereinafter be referred to as: "Information").
c. By signing this agreement, the Client confirms and agrees that he is interested in receiving all the Information as aforesaid, including and especially the Information that is received from the Bank, that would be delivered to him by the Company and the distributor and declares that he understands that the Information is provided for the Client’s convenience as a service by the Company or a Representative, and declares that he understands that the Information may be incorrect, inaccurate and/or insufficient for any purpose in general and for the purpose of the execution of transactions in particular, and that the Client bears the complete responsibility to verify that the Information is credible, complete, sufficient and suitable for his needs. And that he would not have any assertions because of the quality or the credibility of the Information.
d. Neither The Company nor any party on behalf of the Company shall bear any responsibility with respect to damage, of any type, incurred by the Client and/or a third party following the use of the Information, and the Client waives any claim or contention or right towards The Company and/or towards any party acting on behalf of the Company with respect to the use of said Information.
14. Termination and Miscellaneous:
a. The period of the Agreement is unlimited, but the Company may terminate this Agreement at any time, by giving notice to the Client. As from this time, the Client may not be able to enter into new transactions (except for the purpose of closing existing transactions).
b. The termination of the Agreement will oblige the Client to close all his open transactions immediately, and subject to the arrangement for closing transactions within this Agreement.
c. If the Client is a corporation, the person signed upon this Agreement confirms that he is authorized to sign the Agreement on behalf of the corporation, and that all resolutions and approvals have been made by the corporation's various entities, required for the purpose of executing the transactions detailed in this Agreement, and that this Agreement constitutes a valid and enforceable undertaking by the corporation.
d. The Client may not assign or transfer his rights under this Agreement to a third party, except by prior approval of the Company in writing. The Company may assign its rights and/or undertakings in accordance with this Agreement by giving notice to the Client.
e. Notices of the company to the Client would be through the electronic mail and/or fax and/or trading system and/or the company's site and/or any other way the company uses to contact its clients. Communication between the client and the company would be via email and/or fax. The Client is responsible to update the Company with any changes in his personal details and contact information.
f. The depositing of money in the Company account and/or the Client’s signature upon this Agreement shall constitute and shall be considered as acceptance of the Agreement by the Client.
g. This Agreement cancels any prior Agreements that were signed between the sides.
h. In any dispute arising between the parties as a result of this Agreement or with respect thereto, the exclusive jurisdiction shall vest in the authorized courts of law of the British Virgin Islands and the local laws shall apply. By consenting to the provisions of this Agreement, the Client agrees to the authority of the aforementioned courts of law, and waives any contention against such authority, including the contention that the courts of the British Virgin Islands are forum non conveniens for resolving any such dispute.
Before turning to Court, the party wishing to commence action must approach the other party and notify him of any claim or contention that said party has towards the other party, and of his intention to commence action, in order to allow the other party to try and resolve the claim without resorting to legal proceedings. Should a party refrain from fulfilling this obligation (unless in exceptional circumstances, where fulfilling the obligation may cause damage) this shall constitute a reason for the other party to request to impose the legal expenses upon the breaching party.
i. The Client confirms and declares that it is known to him that all copyrights in the trading system, in the event that any document signed by the Client are owned by the Bank and/or the Company, and the Client shall not make any use in any of the above but for purposes of this Agreement and its execution. The Client also undertakes not to enter any change in any of the above. In case the Client enters any change, and in addition to the fact that it shall constitute a breach of this Agreement, the said change shall be in the exclusive ownership of the Company.
j. The Client confirms and declares that he is aware that the Bank has the authority according to its consideration, and subject to European regulation, to cover deals fully and/or partially and/or in any other way.
k. The Client confirms and declares that the Company would have the permission to transfer to third parties that referred the client to the Company, full information of the trades that were executed by the Client, including the commission the client paid for his trading deals.
l. If an authorized court of law rules that a certain provision in this Agreement, including its implementation and/or circumstances are invalid and/or illegal and/or are unenforceable in a certain manner, the remaining provisions of the Agreement and the implementation thereof shall not be affected thereby and shall remain in full force and effect. The parties shall do their best in order to replace the unenforceable provision with an enforceable alternative provision of which the purpose is similar, as much as possible, to the cancelled provision.
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Risk Disclosure
15. The Client declares that it is known to him that in transactions which Clients may execute with the Company, high financial leverage is utilized, with collateral being small relative to the size of the investment. The Client declares that he understands that a possible outcome of trading with a high financial leverage is that a small change in market prices, which may occur in short periods of time, may generate a large profit or a large loss relative to the amount of collateral, including a loss of the entire amount of the collateral, or even more, in exceptional market conditions, within a very short period of time. The Client especially understands that fluctuations in exchange rates in the Forex market and financial markets may be sharp, and the extent of changes, its direction and the periods of time in which it may occur, are unforeseeable. The Client declares that in light of the above, he understands that he must seriously consider whether this type of trading suits his needs, taking into consideration, among other things, his personal situation and his financial capacity. The Client also declares that he fully understands the meaning of the transactions that he is executing, and that there is a high risk that he might lose the entire amount that he shall invest in transactions as a result of trading with these financial instruments.
Should this document be signed on behalf of a corporation, the signatory declares to the Company that he is authorized by the corporation to make decisions on behalf of the corporation, and that all the decisions necessary in the corporation have been made in order to undertake the abovementioned risks.
16. The Company is subject to the rules and regulations of various money laundering authorities and takes every reasonable step to identify its clients. The Company’s clients are requested to provide the following within 7 business days of opening an account:
a. A signed agreement
b. A copy of the Client’s ID card or passport
c. Proof of address such as a utility bill or bank statement
These may be faxed to 49-211- 2049162, or sent by email to: accounts@finexo.com
17. Email and SMS:
It has been made clear to the Client that, according to the new anti-spam law, he has the right to refuse the acceptance of commercial materials via e-mail and/or SMS (Short Message Service). The Client approves by signing this agreement that he acknowledges that all the details sent by him to the Company, according to the terms of this agreement, would be used to send him messages and commercial materials by the company and he approves it. It is agreed that the Client shall have the permission no notify the company in writing, at any time, of his refusal to the acceptance of these messages and the company would be committed to act according to his orders.
18. Communication between Parties:
The Company’s website, the Information, downloadable applications and other elements advertised on the Website shall be subject to and protected by international copyright laws. Use of the Company’s websites is subject to fair use only. No copying, changing, distributing is permitted, including making commercial use of the Information without prior consent.
19. The Company will not distribute private and confidential client details, whether they be active or non active clients to a third party, unless required to do so by law. The Company is committed to confidentiality and invests in various protective manners against existing dangers of internet use, with the understanding that hermetic protection is not possible.
20. In the programming of the trading platform and the website, investments were made in order to have them comply with the highest data protection standards, with respect to data storage and processes. For the protection of the Internet systems, SSL protocol has been implemented, the industry standard for the protection of communication lines between a server and a client by creating a secure channel and transferring encrypted information from the client’s browser to the website server. The security protocol provides data encryption, server credibility, IP/TCP connection credibility, and therefore, client credibility.
21. All communications pursuant this Agreement shall be made either via certified mail, email, the trading system, the website or any other written means of communication or any other confirmed written communication.
Please note: Notwithstanding anything to the contrary in this Agreement only the English version of the Agreement shall govern the relations between the parties to this Agreement.
I hereby declare that I am well experienced in trading in the Forex market (exchange rates of foreign currencies), FOREX derivatives and various financial assets via the Internet or any other means and I further confirm reading and understanding the procedures as detailed in this appendix including any disclaimer of responsibility by the Company and irrevocably agree to them all. In testament thereof I have checked the relevant field at the bottom of the account opening form.
Please read these terms and conditions carefully. By accessing this site and any pages thereof you agree to be bound by the terms and conditions above. If you do not agree to the terms and conditions above do not access this site or any pages thereof.
Appendix 1-Appendix of Client Details, Request for and Acceptance of a Secret Code and an Agreement for The Acceptance of Serviced from the Company Which Provides and Distributes Currency Services.
I, the Client, confirm the correctness of all my personal details listed above and I will inform the Company immediately of any change in those details.
I, the Client, whose details are as listed above, hereby request the Company to assign to me a user number in its trading system.
I confirm that I have read all the Agreement for the provision of trading services in capital markets via the internet and/or mobile phone, between the Company and me, and I agree to its terms.
I confirm that it is known to me that the area of trading services in Forex and financial assets is a high-risk area, and it is clear to me that if I invest money in this area, there is a substantial risk that may generate a large loss relative to the amount of the collateral or loss of all the collateral.
I confirm that it is known to me that the method of trading via internet and/or mobile phone, more than any other method of trading in those assets, is dependent upon many factors including the functionality of computers, computer software, communication lines and computer servers in various locations, and despite this risk, of which I am aware, I have chosen to use the services of the Company and/or the WLP , and will not have any claim pertaining to the fact that trade orders will not be executed subsequent to such technical faults.
I wish the Company to allocate me with a secret code for its trading platform and I confirm that any secret code and/or password, including any access code or other information security method to the site and/or the link to the mobile phone (hereinafter: “Passwords”) that I shall receive from the Company are personal, private, non-transferable to a third party, and it is my full and exclusive responsibility to maintain them in full confidentiality. The Company or the Marketer shall bear no responsibility for loss and/or any other damage that I may incur as a result of inappropriate and/or unauthorized and/or unprotected use or storage of the said passwords, including, but not limited to, the delivery of passwords to a third party and/or a third party’s use of my accounts, whether or not done with my knowledge.
As for Stocks and/or CFD's trading, I authorize and declare that it is known to me that: 1. an acceptance of real time information is bound with a monthly payment to the specific stock exchange market with no consideration of the account activity. 2. I have to register to this service via the trading platform. 3. The monthly payment would be incurred from the trading account. 4. Cancelation of the service would be executed via the trading platform while the payment would be incurred for a full month, even if the service has been canceled during this month. 5. Pausing the account activity and/or withdrawal of funds from the account does not constitute a cancelation of the service.6. In the event that I have not chosen to receive a service of real-time trading information, the trading quotes that I shall received would be delayed by 15 minutes from the real time quotes and I declare that I'm aware and responsible for this.
I, the Client, agree and approve that in the event that I would ask to receive a service via the Gotomeeting system and/or other similar systems which allows technical support of the company while taking control over the desktop of the clients PC, I would not have any assertions against the company due to damage, loss or any other expenses that might be caused to the client, directly or indirectly as a result of receiving a service via this media.
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Bonus Terms
1) This special offer is only available to new Forex WebTrader customers.
2) This special offer is available for new deposits only. Customers who have opened an account yet have not made any deposits into their account are eligible for the bonus.
3) In order to participate, this offer requires a minimum deposit amount of $100.
4) A maximum of $500 bonus will be awarded within the framework of this special offer.
5) The Holiday Bonus is available for all Forex WebTrader customers as from December 1st-31st (one bonus per customer). In order to participate, the Holiday Bonus requires a minimum deposit of $1000.
6) The bonus is awarded only for the purpose of trading Forex, for funds which remains in the account.
7) The customer can withdraw the bonus only after conducting trades of more than 5000 times the initial deposit value + bonus (for example: $100 + $50 = 150 x 5000) within his/her account (including leverage trading)
8) The bonus will be deposited into the customer’s account after the deposit transaction has cleared.
9) The promotion is effective only for deposits made using Click and Buy, Paypal, Neteller, Liberty Reserve and MoneyBookers.
10) Finexo reserves the right to terminate all transactions related to this offer, at any time, without giving prior notice.
11) If the customer will decide to withdraw at least 25% of the deposit which was made in order to qualify for the bonus, it will result in the cancellation and immediate withdrawal of the bonus without warning.
12) This offer is valid only once per customer.
13) This offer cannot be combined with any other offer, discount, rebate or bonus. By accepting this offer, you agree to forfeit any other promotion, sponsored by BTrader or any of its subsidiaries, partners or affiliates.
Refer-A-Friend Terms & Conditions
Get $75 bonus for each depositing account
1) This special offer is only available to Forex WebTrader customers.
2) This special offer will award customers $75(USD) for each new account that is opened based on their referral.
3) A new account is defined as a new account that has a minimum of $100 worth of funds deposited into it and conducts trades of more than 5000 times the initial deposit + welcome bonus. Deposits that are withdrawn immediately will not qualify as a new account for the purpose of this bonus.
4) This offer is not limited to a maximum award. Customers can receive $75 (USD) for every bona fide referral.
5) The bonus is awarded only for the purpose of trading Forex.
6) The bonus will be deposited into the customer’s account only after the referral completes the fifth trade. The bonus will be deposited directly into your trading account.
7) Forex WebTrader reserves the right to terminate all transactions related to this offer, at any time, without giving prior notice.
8) This offer is valid only once for each unique referral, a unique referral is defined as a trader who is currently NOT a Forex WebTrader customer already. Referrals who have accounts, or had accounts with Forex WebTrader in the past year, will not count as a unique referral.
9) This offer cannot be combined with any other offer, discount, rebate or bonus regarding referring new customers. By accepting this offer, you agree to forfeit any other promotion, sponsored by Forex WebTrader or any of its subsidiaries, partners or affiliates.
10) Forex WebTrader will never share information about our customers or their referrals with anyone.
11) Forex WebTrader will only use the information provided on the referral form for the purpose of soliciting new business based on your recommendation.
12) Forex WebTrader reserves the right to add referrals email address to its database for the purpose of sending marketing materials regarding the Forex industry and general financial information.
13) Forex WebTrader will never sell customer information to anyone, all customers and referrals are governed by Forex WebTrader’s general terms of service and website terms and conditions.