These Terms &
Conditions (hereinafter referred to as the “Agreement”) shall regulate the
relations between Green Ball Trading Ltd., registered at Vanuatu, (hereinafter
referred to as the “Company”, “Broker” or “We”) whose website and phone Application
is www.green_ball.com (hereinafter
referred as the “Website” or “Application) and the Client (an individual or
legal entity) (hereinafter referred to as the “Client”, “User” or “You”).
TERMS & CONDITIONS
These Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relations between Green Ball Trading Ltd., Reg. No. TBD, registered at: TBD, Vanuatu, (hereinafter referred to as the “Company”, “Broker” or “We”) whose website and phone Application is www.TBD.com (hereinafter referred as the “Website” or “Application) and the Client (an individual or legal entity) (hereinafter referred to as the “Client”, “User” or “You”).
Service – services described in section 3 of this Agreement.
- Operation – action performed at the Client’s Account including but not limited to crediting of funds, return of funds, opening and closing of trade transactions.
- Account – the individual personal trading Account that the Client maintains with the Company for accessing the Company’s electronic systems and trading platform.
SUBJECT OF THE AGREEMENT
- The subject of the Agreement herein shall be provision of services to the Client by the Company based on the Agreement herein.
- The Client shall unambiguously admit terms and conditions of the Agreement herein by opening a live trading account with the Company. The Client shall abide to all the provisions of the Agreement for all of his/her trades.
Notes for Clients from the Russian Federation
- The Client understands and agrees that the Agreement herein is not concluded in the Russian Federation. The present Agreement is concluded in the Republic of Vanuatu.
- Notwithstanding that provisions of the Agreement herein shall be subject to laws of the Republic of Vanuatu and for avoidance of any doubt, the Service provided to the Client by the Company shall not be the forex-dealer activity, the way it is defined in clause 4.1 of the Federal law of the Russian Federation “About the Security Market” No. 39-FZ dated 22.04.1996. In accordance with the terms of the Agreement herein, within the fulfilment of the Agreement herein by the Client, the Client under no circumstances could undertake the obligations the amount of which is more than the amount of furnish collateral provided by the Client to the Company (the Client’s money on the Account of the Client). The parties affirm that the Agreement herein is not set up in the legislation of the Russian Federation without prejudice to the right of conclusion of the Agreement herein by the parties in accordance with the clause 2 of article 421 of Russian Federation Civil code and provisions of the Agreement herein shall be regulated by section 8 of the Agreement herein.
- Notwithstanding that provisions of the Agreement herein shall be subject to laws of the Republic of Vanuatu regulation and for avoidance of any doubt, the Service provided to the Client by the Company shall not be considered as gambling and not be considered as wagering according to the definitions given in the Federal law dated 29.12.2006 No. 244-FZ “About state regulation of activity regarding organization and fulfilment of gambling and implementation of changes in some legal acts of the Russian Federation”.
SERVICES OF THE COMPANY
- Services of the Company – services provided by means of trade platform of the Company.
- Services of the Company comprise use of trading platform of the Company, customer support, analytics, news and marketing information.
- The Company shall fulfil trade operations of the Client.
- The Company does not provide trust services, advices and consultations on trading.
- The Company can conduct trading operations of the Client even in cases such trading operations may be unprofitable for the Client.
- The Company or any other entity shall not be financially liable for the results of the Operations conducted by the Client.
- The Client is the only person or entity authorized to use the Company’s services. The Client is the irreplaceable subject of legal relations emerging from the provisions of the Agreement herein. Client's rights cannot be delegated and obligations cannot be imposed on another person or entity.
- If the Client is an individual, the Client personally warrants that he/she is an adult (over 18 years old), legal citizen or resident with the capacity to transact and not a resident or citizen of the following countries: USA, Canada, Australia, Israel, Japan, Sudan, Syria, Iran, North Korea, Malaysia, Turkey, any of the countries of the European Union or any other country where the Operation as described herein is in contradiction with any law or regulations. Only the Client has rights of claim or obligations regarding Operations conducted by the Client on the Website or on the Application. If the Client acts on behalf of someone else, the Company shall not accept this person as a Client and shall not be liable before this person or other person or entity regardless if such person was identified or not.
RIGHTS, OBLIGATIONS AND GUARANTEES OF THE PARTIES
The Client shall be entitled to:
- Give the Company an order to conduct trading Operations on the Website or on the Application, provided by the Agreement herein;
- Under the condition that the Client has no debt or other liability to the Company, the Client can request the Company to fulfil its financial obligations to the extent of available funds at the Company’s Account;
- In case of a dispute arises, make a claim in official letter or via email for his/her individual Account only with the Company;
- Unilaterally terminate the Agreement herein under the condition that the Client has no debt whatsoever owed to the Company.
The Client shall be obliged to:
- Fulfil all the provisions of the Agreement herein;
- To be exclusively responsible and liable for all actions resulted from usage of usernames and/or passwords provided to the Client;
- To be exclusively, wholly, individually liable and responsible for all his/her actions, including giving orders to conduct Operations on the Website or on the Application;
- To be exclusively responsible for his trading strategy choices and assessment of all possible risks;
- Be exclusively, wholly, individually liable and responsible for preserving confidentiality of information received from the Company and to accept risk of financial loss that may result from unauthorized access to his/her own Account by third parties;
- Notify the Company of any changes of contact details and any other changes of the provided personal data within seven (7) calendar days from the date the Client was notified of such changes;
- Indemnify and hold harmless the Company as a result of disclosure of personal data of the Client, Website or Application malfunctions and Client’s losses.
- The Client shall agree to be exclusively, wholly, individually liable and responsible for his acts regarding current tax legislations that apply to him and any performed operations, including but not limited to income tax and any tax reporting worldwide.
The Client shall guarantee to:
- Comply with legal rules of the jurisdiction where the Client resides or is a citizen of in order to avoid any Operation on the Website or on the Application that are illegal or prohibited;
- Have legal capacity and reached the age of majority;
- Disclose all criminal records and criminal acts;
- Provide accurate and truthful personal information.
The Company shall be entitled to:
- Impose, at its own discretion, limits on dollar amounts per Client’s trade;
- Terminate the Client’s service at any time, including but not limited to the following:
- Client's inability to continue to perform Operations on the Website or on the Application;
- In case of a decision of bankruptcy or winding up of the Client’s affairs;
- Termination is required by any competent regulatory authority, court or government body;
- The Client violates or attempted to violate any provision of the Agreement and the Company, at its own discretion, decides to terminate its services because of said violation(s);
- The Client violates or attempted to violate any law or regulation to which he is subject, including but not limited to, laws and regulations relating to exchange control and registration requirements;
- The Client has been using or attempted to use robots, algo-trading software and/or comparable technical tools while making operations on the Website or on the Application;
- The Client involved or attempted to involve the Company directly or indirectly in any type of fraud.
- Unilaterally terminate the Agreement herein without reimbursement of any loss suffered by the Client. In such case the Company shall notify the Client with a reasonable communication mean within three (3) working days after such termination;
- The Company has the right to change, add or set as default the option payments rate, return rate, pay out rate, adjust the return rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the of the assets. The company shall be entitled to limit the maximum amount of purchased options for any time duration;
- Contact the Client with any question concerning the Agreement herein or for any reasonable reasons;
- Unilaterally modify, add, rename or leave unchanged any sections, paragraphs and sub-paragraphs of the Agreement herein. In such a case the Company shall notify the Client within seven (7) working days regarding such changes;
- Modify the size of the value of the Company’s financial obligations to the Client, if fulfilment of Operations on the trading platform does not comply with conditions of the Agreement herein;
- Engage with third parties with contractual relations for Service provision in accordance with the Agreement herein;
- Unilaterally terminate the Agreement herein with preliminary notification of the Client regarding such termination and fulfilment of financial obligations for the Client to the extent of available funds in the Account if no liability from the Client to the Company exists;
- In regards to any obligations and situations not covered by the Agreement provisions herein, the Company has a right to act at its own discretion in accordance to business and industry practices.
Obligations of the Company:
- In accordance with the Agreement provisions herein to provide Services on the Company’s Website and Application;
- Upon execution of the Agreement herein, the Client grants his/her consent to the Company to process his/her personal data provided by the Client, both without use of automatic controls, and with its use. Personal data includes, but is not limited to, name, family name patronymic, gender, address, phone number, identification number, e-mail, IP address of the Client and the information related to the provision of services to the Client (related to matters of trading and investment).
- The Client shall be obliged to timely provide truthful, exact and complete information regarding the personal data requested by the Company.
- The purpose of processing the personal data is to comply with the regulating legislation requirements and the provisions of the Agreement herein.
- While processing the personal data, the Company shall be entitled to collect, record, systemize, accumulate, store, adjust, update, extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy and perform any other actions according to the current regulating legislation.
- Storage and processing of the personal data of the Client can be fulfilled by the Company during the term of the Agreement, as well as within five (5) years after termination of the Agreement herein.
- The Client understands and agrees to provide his/her personal data according to the Agreement herein to third parties and their authorized representatives that render services to the Company.
- The Company shall not provide personal information to the public domain unless required by regulating legislation or court decision or authorized by Client.
- During processing of the Personal data of the Client the Company shall take necessary legal, organizational and technical measures to protect the Personal data from unauthorized or accidental access, destruction, change, blocking, copying, provision, and dissemination as well as from other illegal actions regarding the Personal data of the Client.
- We may carry out various checks (including but not limited to verification of identity, fraud prevention checks and checks into your current and past investment activity) from time to time as we deem appropriate. Your Personal Data or other personal information may be used in the prevention of money laundering as well as for the management of your account. You authorize us to use your Personal Data and other personal information to perform the above checks in relation to your application. We or agents acting on our behalf may pass your details on to group companies, and other organizations (for example: regulatory bodies, law enforcement agencies, courts etc..).
The Client has read, understood and accepted the Risk Disclosure statement due to use of Service of the Website and on the Application, which is published on the Website and the Application of the Company.
CHARGES AND FEES
- The Company shall be entitled to receive the fee from the Client regarding the Service(s) provided by the Company.
- Upon execution of the Agreement herein, the Client agrees that he/she shall compensate the Company for bank transfer in the amount not more than 50 Euro for each bank transfer when the Company does a bank transfer to the benefit of the Client (hereinafter referred to as the “Transfer fee”).
- The Client shall authorize the Company to withdraw the Transfer Fee from the Client’s Account without Client’s approval.
- In addition to the fees and charges paid or provided by the Company to the Client or other person on behalf of the Client, the Company may pay and/or receive fees/commission to/from third-parties with Client’s approval, provided that these benefits are designed to enhance the quality of the offered service to the Client and not impair compliance with the Company’s duty to act in the best interests of the Client.
- The Company may pay fee/commission to Introducing Brokers, referring agents or other third parties without Client’s approval as agreed according to written agreements. This fee/commission is related to the frequency/volume of transactions performed by the referred Client through the Company. The Company will disclose to the Client, upon his written request, details regarding the amount of fees/commission or any other remuneration paid by the Company to Introducing Brokers, referring agents, or other third parties.
The Client shall be treated as a retail client for the purpose of applicable regulations and Agreement. The Client understands and agrees that he/she is the Client of the Company only and not the Client of other entities that provide services to the Company. The Client has the right to request a different client categorization. However, if the Client does request such different categorization and the Company agrees to such categorization, the protection afforded by certain rules, agreement and the other applicable regulations may not be applicable.
The Client may submit a complaint to the Company via email to email@example.com. Once your complaint has been submitted and received by the Company, the Customer Support Department of the Company will address and investigate the complaint.
CONFLICTS OF INTEREST
The Company will make all reasonable efforts to avoid conflicts of interest. If there is a conflict of interest the Company shall ensure that Clients are treated fairly with the highest level of integrity and that their interests are protected at all times.
DORMANT ACCOUNT PROCEDURE
An additional Fee of up to $10.00 per month may be payable by you by where there are no Transactions on your account or when you have not logged in for 3 months. There will be no charge if the available balance is zero (0). Consequently, all accounts with a zero (0) available balance will be closed.
- The provisions of the Agreement herein shall be regulated by the legislation of the Republic of Vanuatu.
- Regarding the provisions of the Agreement herein the Client shall agree to the jurisdiction and venue of the Republic of Vanuatu.
- All disputes shall be resolved according to the laws of the Republic of Vanuatu.
- The Company shall be entitled to use the services of interpreters during all legal proceedings or disputes.
TERM AND TERMINATION OF THE AGREEMENT
- The Agreement herein shall have no term and be conducted for an unlimited time.
- The Agreement herein shall come into force when the Client makes a first deposit to fund his/her account with the Company.
- The Agreement herein shall be terminated when the Client’s Account is blocked or closed according to the provisions in this Agreement.
- The Company has a right to terminate the Agreement immediately without prior notice if it becomes known that the Client is not of legal age according to the legislation of the country where the Client is a citizen/resident or if the Client is a resident or citizen of the following countries: USA, Canada, Australia, Israel, Japan, Sudan, Syria, Iran, North Korea, Malaysia, Turkey, any of the countries of the European Union or any other country where the Operation as described herein is in contradiction with any law or regulations or if the Client provided the Company with inaccurate or false personal information intentionally or unintentionally.
- In case of termination of the Agreement herein due to reasons specified in section 4, the Company shall have no financial obligation to the Client.
TERMS AND CONDITIONS FOR 1-CLICK SERVICE
- The Client shall agree to make a deposit to his/her Account to use the Company Services or any other additional services ordered by the Client on the Website or on the Application as well as all additional expenses (if necessary), including but not limited to any taxes, duties, etc. The Client shall be responsible for timely deposits of funds in his/her Account. Provider of payment services shall ensure only fulfilment of payment in the amount defined by the Website or the Application and shall not be liable for payment of the abovementioned additional amounts by the Client.
- The payment is considered to be processed and final after the Client confirms the deposit on the Deposit page on the Website or on the Application. Therefore, the payment cannot be returned or refunded after the Client had confirmed the deposit. By confirming the deposit, the Client agrees that he/she has no title or ownership over the payment done and therefore cannot request a refund or a return of capital. Additionally, by accepting the terms, conditions, obligations and rules herein (and/or any other applicable rules or agreements), the Client, as the owner and cardholder of the credit/payment card confirms that he/she shall be entitled to use the Services offered on the Website or on the Application.
- The Client shall confirm that he/she is of legal age or beyond, is a legal resident or citizen of the jurisdiction the Client provided in his personal information details in order to use the Services provided by the Website or by the Application. Upon execution of the Agreement, the Client shall be liable to abide to all the legislation of any country where this Service is used and shall confirm that provider of payment services shall not be in any case liable for any such illegal or unauthorized violation. The Client shall understand and accept that processing of any of the Client’s payment shall be fulfilled by the provider of payment services and the Client has no legal rights whatsoever to claim a return/refund or cancellation of already purchased Services.
- The Provider of the payment services shall not be in any case liable for refusing to process the data connected with the Client’s payment card or credit card for any discretionary reasons or for not collecting Clients’ money due to lack of authorization from a bank or any financial institutions to process payment of the Client’s payment with a credit card or any forms of payments, act of God or any other impossibilities. The Provider of payment services shall not be in any case liable for quality, amount, and price of any service, offered to the Client or purchased by the Client of the Website using the payment card of the Client. The Provider of payment services shall only be the performer of payment in the amount specified by the Website and shall not be in any case liable for any pricing, general prices and/or total sums.
TRADING AND RESULTANT TRANSACTIONS ARE NOT CARRIED OUT ON AN EXCHANGE OR MARKET
The trading you conduct on the Trading Platform is not conducted on an Exchange or a market. We act as counterparty (which means the other side) to the Transactions conducted on the Trading Platform which means that we act as the buyer when you offer to Sell an Instrument and the seller when you offer to Buy an Instrument. An additional Fee of up to $10- per month may be payable by you by where there are no Transactions on your account or when you have not logged in for 3 months.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that all Intellectual Property Rights in the Trading Platform are owned by FIBIZ Technologies or our licensors or our brokers.
You will not
- Copy, record, translate or amend any of the Trading Platform, or any part of it;
- Reverse engineer, disassemble or otherwise attempt to derive source code for the Trading Platform in whole or in part except to the extent expressly permitted by law; and
- In any manner damage or impair any of our Intellectual Property Rights. You shall use your best efforts to protect our Intellectual Property Rights from infringement by third parties.
- The Trading Platform, all copies and any derivative works thereof (by whoever created), the associated goodwill and any Intellectual Property Rights in the Trading Platform, are and shall remain owned solely by us or our licensors or brokers. No other license, right, or interest in any goodwill or Intellectual Property Right in the Trading Platform or any part or derivative work thereof is granted or conveyed to you.
Unless expressly permitted in this User Agreement, you shall not:
- Transfer, distribute or share the Trading Platform or any rights thereto under the Client Agreement;
- Separate any part of the Trading Platform, or separately use any part thereof on any equipment, hardware or system whatsoever;
- Copy (other than one copy solely for backup purposes) the Trading Platform or any parts thereof;
- Copy remove or destroy any banners, logos or marks placed upon or contained within the Trading Platform;
- Enable unauthorized parties to use the Trading Platform;
- Attempt to reconstruct or discover any computer code, underlying ideas, or computer programming of the Trading Platform by any means whatsoever;
- Allow others to use the Trading Platform for the benefit of third parties;
- Work around any technical limitations in the Trading Platform, or use any tool to enable features or functionalities that are otherwise disabled in the Trading Platform;
- Use similar processes and functions to develop competing features or functions with the Trading Platform; or
- Use the Trading Platform or any Financial Data to conduct any fraudulent, inappropriate or illegal activities, including without limitation deceptive impersonation
OPENING AND COMPLETING A TRANSACTION
- You shall be able to complete a Transaction through the Trading Platform for certain Instruments in a number of markets worldwide. You acknowledge and agree that we may, in our sole discretion but at all times acting reasonably and in accordance with our regulatory obligations, add, remove or suspend from the Trading Platform, any Instrument, on any market.
- You agree that we may hedge or otherwise offset any transaction with other third parties in order to offset any liability or risk associated with any of your Transaction(s) you undertake with us. You acknowledge that we may, in our sole discretion, but at all times acting reasonably and in accordance with our regulatory obligations, amend the Content or terms of an instrument.
- Please remember that in order to open a Transaction on the Trading Platform, you must either open a Buy or a Sell, at the price quoted by the Trading Platform at the time of such Transaction. In order to close a Transaction, you must either offer to Sell (in the case of a Buy), or purchase (in the case of a Sell), the Instrument covered by such open Transaction, at the price quoted by the Trading Platform at the time of such closing. Transactions or open Positions cannot be transferred to other short term option or derivative or trade providers or their platforms.
- Transactions can only be accepted during the Trading Hours specified for each Instrument. You acknowledge that upon opening a Buy or closing a Sell, you may only do so at the price quoted by the Trading Platform to purchase such Instrument. You further acknowledge that upon opening a Sell or closing a Buy, you may only do so at the price quoted by the Trading Platform for such Instrument.
- On the Trading Platform, you shall be entitled to make an offer to open a Transaction at the best available price offered on the Trading Platform (“Market Order”) at the time of opening such a Transaction. With respect to a Market Order, the price at which a Transaction is completed may not always be at the exact rate displayed when the Order is submitted. You agree that your offer to open a Market Order may be accepted at a lower price or higher price than the price indicated by you in your Market Order, within a certain range as specified on the Trading Platform from time to time. If you choose to open a Market Order, your offer will be accepted at the best possible price offered on the Trading Platform.
- You agree that you cannot trade outside trading hours.
GENERAL RULES OF TRADING
Before you begin to trade with us, you acknowledge and agree that you are aware of all fees, commissions, interest and other charges and expenses for which you will be liable under the Client Agreement. These charges will affect your trading net profits (if any) or increase your losses, as the case may be. We can, at our sole discretion, increase or decrease any fees, commissions, costs, expenses related to your Account(s).
- You acknowledge and agree that each Transaction conducted on the Trading Platform, including the placing of an Order, is comprised of first, an offer by you to us to complete a Transaction (whether such offer is to open a Transaction or close an existing open Transaction) at a certain price quoted on the Trading Platform, and our subsequent acceptance of your offer. A Transaction will be deemed to have been completed only when your offer has been received and accepted by us. Our acceptance of an offer will be evidenced by our confirmation of its terms to you and its completion.
- We will be under no obligation to provide quotes for, or accept, execute or cancel, all or any part of a Transaction that you have requested through the Trading Platform. You may request to cancel or amend a Transaction at any time prior to our completing such a Transaction. We shall be entitled, but not obliged, to accept such a request.
- Any Financial Data, prices, leverage, margin or other information available to you on the Website or the Trading Platform or offered by us in any other form or by any other means whatsoever (“Content”), is provided as general market commentary on a best endeavour basis and does not constitute investment advice. Furthermore, such Content is subject to change at any time without notice. Whilst we do take reasonable measures to ensure the accuracy of such information, we will not accept liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on such information.
- You acknowledge that all prices shown on the Trading Platform are indicative only of actual trading prices in Normal Market Size and are therefore subject to constant change. Accordingly, where you make an offer to open or close a Transaction the price at which we accept such an offer may have changed from that previously indicated on the Trading Platform.
- You shall comply with any reasonable restrictions that we notify to you from time to time with respect to your activities on the Trading Platform, including limitations on, the size of new Transactions or other conditions that may apply.
- You acknowledge that whilst the Prices displayed on our platform will take into account market data from various sources, they are not taken directly from any one source, and therefore may not match prices that you see elsewhere (including prices quoted on stock exchanges). You further acknowledge that the triggering of your Transaction is linked to the prices we quote on the Trading Platform, not the prices quoted on the relevant Exchanges. We attempt to display Prices on an ongoing basis and to have the currently applicable Prices displayed on the Platform as quickly as possible. However, technical conditions (e.g., the transfer rate of data networks or the quality of your internet connection, as well as rapid market fluctuations) may lead to a change in the applicable Price between the time the Order is placed by you and the time the Order is received by us or the Order is executed by the Platform. In addition, there will be times when circumstances may prevent the Platform from displaying Prices or affect the Prices being displayed. Our prices may differ from the current prices on the relevant Exchanges and you acknowledge that a Transaction may or may not be triggered even though:
- An Exchange never traded at the level of your Transaction; or
- The Exchange did trade at the level of your Transaction but for such a short period or in such low volumes that it would have been impractical to execute an equivalent Transaction on the Exchange.
- When you complete a Transaction on the Trading Platform, you agree that you are dealing with us as principal, off-exchange and are not dealing ‘on Exchange’. You should note that you are trading on the outcome of the price of a financial derivative and will not be entitled to delivery of, or be required to deliver, the underlying product.
- Remember that when you open a transaction on the Trading Platform you are trading with short term options, which means that you enter into a contract with us and your investment has an expiration date and time at which your transaction shall close either for a profit or a loss regardless of your consent or you may elect to close your position before the expiration date and time. You acknowledge and agree that you are not entitled to exercise your option on the underlying asset of such a contract e.g. the actual Shares or the rights offered in a rights issue event or the shares offered in an Option contract.
- You acknowledge that any prices quoted on the Trading Platform are set by us taking into account a variety of factors including prevailing market conditions and trading demand on the Trading Platform. You understand and agree not to use the prices quoted on the Trading Platform for any purpose other than for your own trading and you agree not to communicate our prices to any other person under any circumstances.
- Each Transaction opened by you and any Transaction completed, will be binding on you notwithstanding that by opening the Transaction you may have exceeded any credit or funds or other limit applicable to you or in respect of your dealings with us.
- Transactions may only be executed during the time when the relevant Exchange where the Instrument is traded is open for business. Trading Hours are displayed on the Trading Platform under the details link for each Instrument. It is your responsibility to ensure you are aware that Instruments may be affected.
- If prior to the acceptance of your offer to open or close a Transaction, we become aware that any of the trading requirements have not been met, we reserve the right to reject your offer outright without notice and at our discretion. If we have, nevertheless, already opened or closed a Transaction prior to becoming aware of any violation, we may, acting reasonably, either treat such a Transaction as void from the outset or close it at our then prevailing price. However, we may allow you to open or, as the case may be, close the Transaction in which case you will be bound by the opening or closure of such Transaction.
- The use of any automated data entry system with the Trading Platform is expressly prohibited. All Transactions must be completed manually by you. Any Transaction completed through such use of an automatic data entry system shall be null and void. Upon a breach of this clause, we may immediately close all or any of your accounts held with us of whatever nature, terminate the Client Agreement without notice and refuse to enter into further Transactions with you. Furthermore, any monies held in your Trading Account shall be frozen and we shall be entitled to deduct any amounts from your Trading Account in order to set off any loss, damages or expenses incurred by us as a result of a breach of this Section.
- If you have more than one Trading Account with us (or another account is a Connected Account), each Trading Account shall be treated entirely separately unless you receive prior written approval from us. Therefore, any credit on one Account (including amounts deposited as Margin) will not discharge your liabilities in respect of any other Account. It is your responsibility to ensure that you have the required level of funds in each Account separately.
- You hereby agree that all funds and currencies belonging to you ("Client Money") shall be held by us in our designated client money account; and are subject to a right of off-set for all liabilities that you owe to us, irrespective of the number of accounts you may have with us. Designated client money is segregated from the assets of the Firm.
- You hereby agree that we can deny, at our sole discretion, any withdrawal from your account if you have provided us with false or inaccurate Personal Data or if we are missing any Personal Data.
- When considering which third party bank to use to hold Client Money, we will exercise all due skill, care and diligence and will periodically (at least annually) review the adequacy and appropriateness of any bank where your money is deposited and of the arrangements for holding your money. We will not be responsible for any acts, omissions or default of the third party bank.
- You acknowledge and agree that where you owe obligations to us that are due and payable under this Agreement, we may cease to treat as Client Money the amount of the money held on your behalf for a sum equal to the amount of those obligations, and may apply that money in or towards satisfaction of all or part of those obligations due and payable. We will only do this where we have given you 30 days' notice of our intention to do so in writing and your obligations remain outstanding after the 30 days has expired.
- We may at any time assign or transfer any of our rights and/or obligations under this Agreement or delegate all or any of the functions under this Agreement to a third party, provided that we have given you at least 10 business days’ written notice to you to that effect. Where we do this, you authorize us to transfer any of your Client Money and/or investments held by us or on our behalf to the third party, or someone nominated by that person. We will only transfer your money and/or assets to a third party or another person who will either hold them or to whom we have exercised all due skill, care and diligence in assessing whether that person will apply adequate measures to protect your money and/or assets. Where we intend to do this we will give you 10 business days’ prior written notice and, following any transfer, no later than 7 business days later, we will write to you to advise you that it has taken place and the successor will write to you following this or provide the new terms and conditions that apply to your Client Money and investment protection, treatment and transfer, including the relevant compensation scheme arrangements that may apply.
- You agree that we may place your funds in our designated Client Money account in a different currency to your base currency. Such Client Money will be at least equal in value to your base currency. In the event that funds were transferred to your Trading Account from a source other than an account registered in your name or of which you are not a beneficiary, we reserve the right to return the funds to their origin as well as to void all trading transactions executed with these funds. In this event, you shall be personally liable for all trading loses, expenses and costs.
- No interest is due or will be paid in respect of Client Money.
- Whilst we remain responsible for the handling of client money, certain operational functions relating to payment processing may be outsourced.
- We reserve the right to seek reimbursement from you if we receive a charge-back from any credit card issuer or with respect to any other payment method, for any reason. We may obtain such reimbursement by charging your Trading Account, deducting amounts from future payments owed to you, charging your credit card or obtaining reimbursement from you by any other lawful means.
- Withdrawals from your Trading Account should be made using the same method used by you to fund your Trading Account and to the same remitter. We reserve the right to decline or cancel a withdrawal request with a specific payment method and suggest another payment method for which you will need to proceed with a new withdrawal request and supply further supporting documentation, upon request, for our internal checks and proper processing of the withdrawal request.
- Withdrawal from your Trading Account is carried out within a minimum of three (3) business days and up to seven (7) business days upon receipt of the withdrawal request. Please note, however, that withdrawals to a bank account via bank transfer may be subject to further delays. Following receipt of a withdrawal instruction, the request is processed and the requested withdrawal amount will be deducted from your Trading Account balance. During such time until the withdrawal request is fully processed and settled, the withdrawal request can be cancelled either by you or by us and the withdrawal amount requested can be used to satisfy your liabilities for any Transactions completed during such time.
The Agreement sets out the entire agreement and understanding between the parties. It supersedes any previous agreement or understanding between you and us.
If any provision of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement which will remain in full force and effect.
You acknowledge that we may provide the Trading Platform to other parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.
Any failure to exercise or any delay in exercising a right or remedy provided by the Agreement or at law or in equity (and/or the continued performance of the Client Agreement) will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of the Agreement will not constitute a waiver of any other breach and will not affect the other terms of the Agreement.
The rights and remedies provided by the Agreement are cumulative and (except as otherwise provided in the Agreement) are not exclusive of any rights or remedies provided at law or in equity.
- You may not assign or transfer any of your rights or delegate any of your obligations under the Agreement, whether by operation of law or otherwise, either on a permanent or temporary basis to a third party without our prior written consent.
- You acknowledge and agree that we may assign our rights or obligations under the Agreement to a third party/successor of all or substantially all of our business or assets without prior written consent. Subject to the foregoing, the Agreement will bind and inure to the benefit of the parties and their respective successors, and is not intended to confer any other entity or person any rights or remedies hereunder.
THIRD PARTY RIGHTS
Except as expressly provided elsewhere in this agreement, a person who is not a party to this agreement shall not have any rights under the Contracts.
In the event of a conflict as to the interpretation of the provisions of this Agreement, the terms of this Agreement shall prevail.
FIBIZ Technologies (hereinafter “FIBIZ”) is solely a technology company, which provides trading software to brokers in the financial industry. FIBIZ is not a Broker and does not engage with the Clients of the brokers that license its software. In no event shall FIBIZ be liable to any party for any damages whether direct, indirect, special, punitive, incidental, consequential or other, resulting from, arising out of or in connection with access to, or use of or inability to access or use, the site and application or its contents, or of any other hyperlinked website, including but not limited to, any damages for lost profits, business interruption, loss of programs or data, even if they are expressly advised of the possibility of such damages. Client hereby waives any and all such claims against FIBIZ. The limitations set forth above are fundamental elements of the Terms of Conditions between Client and the Broker, and the Broker would not provide Client with its site and application and its materials absent Client’s agreement to such limitations. You understand and agree that the Broker(s) you operate with is solely and fully responsible and liable for any claim and all claims Client may have.