FOREX4MONEY., A COMPANY REGISTERED AND EXISTING UNDER THE LAWS OF THE BRITISH VIRGIN ISLANDS ("FOREX4MONEY") OFFERS INVESTMENT SERVICES (THE "SERVICES") STRICTLY UNDER THE FOLLOWING TERMS AND CONDITIONS, WHICH ARE NON - NEGOTIABLE AND MAY BE AMENDED AFTER PROPER NOTICE HAS BEEN GIVEN TO YOU (THE "CLIENT") AT THE ABSOLUTE DISCRETION OF FOREX4MONEY SUBJECT TO THE PROVISIONS OF THE TERMS BELOW. BY ACCEPTING AND AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND OPENING AN ACCOUNT, THE CLIENT ACCEPTS THE FOLLOWING TERMS AND CONDITIONS. SUBSEQUENT TO THAT AND (I) SUBJECT TO FOREX4MONEY’S FINAL APPROVAL AND (II) UPON THE CLIENT'S FUNDING OF HIS ACCOUNT, THE CLIENT ENTERS INTO A LEGAL AND BINDING AGREEMENT WITH FOREX4MONEY.
Whereas, FOREX4MONEY allows the carrying out of transactions in foreign currency exchange rates, in contracts for differences
("CFDs") based on foreign exchange rates and other financial assets, including, without limitation, commodities,
shares and indices, as well as in options and other Financial Instruments, all as may be offered from time to time by FOREX4MONEY at its sole discretion, all subject to the terms and conditions set forth in this Agreement; and Whereas The Client wishes to open an account with FOREX4MONEY for purposes of carrying out such Transactions
Now therefore, the parties have agreed as follows:
1. Scope of Agreement & Definitions
1.1. This Agreement sets forth the terms and conditions governing the Client’s Account and all Transactions placed through the Account.
1.2. The term “this Agreement” means this agreement and all annexes forming an integral part of this agreement, including without limitation Nomination of Agent Annex; FOREX4MONEY’s Trading Conditions, the Risk Disclosure and Client’s Declaration Annex, and Glossary of Terms Annex, as such annexes are amended by FOREX4MONEY from time to time and any other Annex determined by FOREX4MONEY as forming an integral part of this
1.3. All terms used in this Agreement, and not defined herein, shall have the meaning assigned to them in the Glossary of Terms. Other terms not defined herein shall have the meaning assigned to them in customary practice.
2. Opening of Account & Appointment of Agent
2.1. The Client hereby instructs FOREX4MONEY to set up the Account in his name in FOREX4MONEY's books with a view of carrying out Transactions. By opening the Account, Client irrevocably declares and undertakes that Client is acting for Client’s sole benefit and not for, or on behalf of, any other person or entity. Without derogating from the above, the Client hereby warrants and represents that all funds deposited in the Account belong solely to the Client and originate from the Client’s own bank account, directly, or through payment instruments (credit card, debit cards or e-wallets) registered under the Client’s name. In the event those funds wereTransferred to the Client’s Account from a source other than an account registered in its name or of which the Client is not a beneficiary or through payment instruments not registered under the Client’s name, FOREX4MONEY reserves the right to return the funds to their origin as well as to reverse all Transactions executed on the basis of these funds.
2.2. The Client understands and accepts that upon his/her registration in the Website or at any time thereafter, FOREX4MONEY might be required to conduct a “Know Your Client Process” (“KYC Process”). This KYC Process requires FOREX4MONEY, among others, to obtain certain documents and personal details from the Client which shall typically include an identity card, passport or driver's license, proof of address such as a utility bill, and proof of payment method. If deemed necessary, FOREX4MONEY may request additional documents and evidence and/or that any document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event that FOREX4MONEY’s requests for documents and information are not completed by the Client or otherwise approved by FOREX4MONEY, FOREX4MONEY may at its sole discretion decline to open an Account, block an Account from trading or terminate this Agreement, and may withhold any funds that are present in the Account until such time as FOREX4MONEY is satisfied with the documents presented by the Client. Should the documents fail FOREX4MONEY’s internal compliance checks – for example, if FOREX4MONEY suspects that they have been tampered with, or are in any way provided to mislead or misrepresent – FOREX4MONEY shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents.
Agreement and is available on the Website.
2.4. The sole person authorized to perform Transactions in the Account is the Client. Client may however request to appoint an agent (“Agent”) to operate the Account by filling and signing the Nomination of
Agent Annex, and in such an event and so long Client does not revoke such appointment, the sole person authorized to perform Transactions in the Account shall be the Agent, provided however that only Client shall be entitled to withdraw funds from the Account pursuant to the terms and conditions of this Agreement. FOREX4MONEY shall have the right to conduct a KYC Process with respect to the Agent and the provision of Section 2.2 and 2.3 shall apply to such process. Client hereby acknowledges and agrees that he shall be solely responsible for the acts and/or omissions of the Agent, and FOREX4MONEY shall have no liability towards Client for any such actions or omissions, whether or not made in the scope of the Agent authorization by Client.
2.5. If more than one person executes this Agreement as Client, all such persons shall be jointly and severally liable for all obligations of Client pursuant to this Agreement. In such an event and unless an Agent is appointed, the sole person authorized to perform Transactions in the Account is the first of such persons mentioned, however withdrawal from the Account will require signatures of all persons identified as Client.
3.1. Subject to the terms and conditions set forth in this Agreement, Client may perform Transactions in the Account through the Internet Trading Platform, through the TSP (where applicable) or by telephone (where applicable) at Client’s sole responsibility, risk and expense.
3.2. All Transactions shall be opened and closed at the prices quoted by FOREX4MONEY (as a Principal) and presented in the Internet Trading Platform. Client acknowledges and agrees that FOREX4MONEY is under no obligation to quote any specific price which is quoted in a specific Financial Market.
3.3. The Client acknowledges and agrees that each Transaction is comprised of first, an offer by the Client to FOREX4MONEY to execute a Transaction (whether such offer is to open a Transaction or close an existing open Transaction) at a certain price quoted on the Internet Trading Platform, and FOREX4MONEY’s subsequent acceptance of such offer (if accepted, and in Limit Orders, subject to any Slippage). A Transaction will be deemed to have been executed only when the Client’s offer has been received and accepted by FOREX4MONEY, as indicated in the Internet Trading Platform.
3.4. All Transactions and execution of Orders (including Market Orders and Limit Orders) shall be subject to and carried out in accordance with the Trading Conditions, FOREX4MONEY’s policies and FOREX4MONEY prevailing practice, as applicable at such time. Client should be fully aware of FOREX4MONEY’s Trading Conditions and especially for the rules which concern the execution of Orders, prior to commencing its trading activity with FOREX4MONEY.
3.5. The Client acknowledges and agrees that it will not be entitled to the physical delivery of any currency, commodity, shares or other securities when closing any Transaction.
3.6. FOREX4MONEY shall attempt to execute Transactions on “best effort” basis only and subject to the other terms and conditions set forth in this Agreement, including without limitation, FOREX4MONEY’s Trading Conditions.
3.7. It is manifestly stated, and Client also agrees and authorizes that (i) FOREX4MONEY may, at FOREX4MONEY’s sole discretion, act as a counter party (i.e., principal) to any or all of Client’s Transactions; and (ii) FOREX4MONEY shall not provide any advisory, consulting or intermediary services to Client and therefore client shall be responsible for its own decisions; and (iii) FOREX4MONEY may (but is not obliged to) at its sole discretion hedge the Client’s Transactions, in whole or in part and in any manner it deems fit, whether by way of set-off with other Clients’ Transactions or otherwise; and (iv) nothing herein contained shall be interpreted as creating any agency, fiduciary or brokership relationship between FOREX4MONEY and Client, or its Agent, if appointed.
3.8. Without prejudice to any other provisions herein, the Client acknowledges that FOREX4MONEY shall have the right, at its discretion, at any time and for any reason and without giving any notice and/or explanation to: refuse, reverse, suspend, freeze, or close any Transaction, including without limitation in the event that Client uses the Internet Trading Platform in an abusive way by lag trading and/or usage of server latency, price manipulation, time manipulation or any other practices which are illegal and/or are utilized to give the Client an unfair advantage or which FOREX4MONEY considers at its own discretion as inappropriate and/or outside the scope of this Agreement and/or as unfair business conduct.
3.9. Without prejudice to any other provisions herein, the Client acknowledges that FOREX4MONEY may, at its sole discretion, add, remove or suspend, any Financial Instrument, Financial Market or any specific CFD.
4. Guarantee and Margin Requirement; Limit on Transactions; No Interest Bearing Account
4.1. As a condition to the performance of Transactions in the Account, Client must provide and maintain with
FOREX4MONEY sufficient funds (“Guarantee” or “Margin”), as determined by FOREX4MONEY in its sole discretion from time to time.
4.2. Following the signing of this Agreement, Client will transfer to the Account a deposit in such minimal amount, by form of bank transfer, credit card, e-wallets or other payment method approved by FOREX4MONEY, as determined by FOREX4MONEY. Such deposits, together with any profits and losses from existing open and closed Transactions, credits and debits from daily rollovers and charges on account of commissions, if applicable, shall serve as Guarantee for the performance of Transactions in the Account, and are hereby pledged by Client as a first degree and sole pledge in favor of FOREX4MONEY. Without prejudice to any rights of FOREX4MONEY, including rights in any other security provided by Client, Client hereby irrevocably and unconditionally authorizes
FOREX4MONEY (which may but is not obliged) (i) to set-off, at any time and from time to time, any Guarantee amounts in the Account against any and all funds owed by Client to FOREX4MONEY for commission, fees, interest adjustments and spreads, as principal, as reimbursement of expenses or otherwise; and (ii) to immediately close all open Transactions in the Account and to close the Account in the event that the margin in the Account shall fall below the minimum margin determined by FOREX4MONEY (or if no such determination was made, if the margin is reaching 0% over the value of all Open Transactions less any funds owed by Client to FOREX4MONEY), both without need for any prior Notice to Client.
4.3. FOREX4MONEY may, at its sole discretion, and from time to time, including on an ad-hoc basis, change the minimum margin requirements, set different minimum margin requirements for different financial assets and/or for different time periods and notify Client of the need to make further deposits to keep the minimum margin requirement, by providing Client with a notice to that effect. FOREX4MONEY’s margin requirements are available on the Website. Client may at its discretion, or shall if requested by FOREX4MONEY, increase the Guarantee amount in the account by making further deposits.
4.4. FOREX4MONEY reserves the right to limit the number of open positions the Client may enter or maintain in its Account, the Client’s net exposure (either the total net exposure or the net exposure per each Financial Instrument\Underlying Asset) and the Transactions’ size. FOREX4MONEY also reserves the right, at its sole and absolute discretion, to refuse to accept any request to open a new Transaction or increasing an existing Transaction. Client acknowledges that Transactions in certain CFDs whose Underlying Assets are Future contracts and/or shares may be traded on specific Financial Market and therefore trading may be available only during the opening hours of the relevant Financial Market and only during the period in which the
Underlying Asset is traded. FOREX4MONEY may limit and/or refuse to accept any Order outside the opening hours of the relevant Financial Market or outside the time in which the Underlying Asset is traded.
4.5. Client acknowledges and agrees that (i) the Account is a non-interest-bearing account, and Client shall not be entitled to any interest on any funds deposited in the Account and any such interest generated may be withheld by FOREX4MONEY, and (ii) except for Client rights to withdraw funds from the Account subject to the terms and conditions set forth herein, Client shall have no other interest in the Account.
5. EXPIRY OF TRANSACTIONS; ROLLOVER
5.1. Spot/Forward. All open Spot and Forward Transactions which are not closed by the Client upon reaching their value date will be rolled over by FOREX4MONEY for a further period of two (2) business days. Thereafter, the opened Transactions will be rolled over for additional periods of two (2) business days each indefinitely until such time as FOREX4MONEY will close such Transaction under the terms of this Agreement (“Rollover”).
5.2. Future Contracts. The Client acknowledges and agrees that FOREX4MONEY has the right to close any future contract based CFD Transaction (“Future CFD”), at its sole and absolute discretion, without providing prior Notice to the Client, if the Underlying Asset on which the Future CFD Transaction is based settles on an expiry date, a reasonable time prior to such expiry date (such time referred to as "Closing Time" and the relevant expiring Transaction referred to as an "Expiring Transaction"). FOREX4MONEY shall indicate the Closing Time for such Future CFDs in the Trading Conditions. FOREX4MONEY will not be obligated to roll over a position in an Expiring Transaction.
5.3. Share CFDs. Share based CFD Transactions (“Share CFD”) are traded on a daily basis, in conjunction with the times in which the underlying share is traded in the relevant Financial Market. Without derogating the provisions of this Agreement, Share CFD Transactions may be terminated by FOREX4MONEY upon the occurrence of the events set out in Section 6 hereunder.
5.4. The price of the Expiring Transaction will be the last traded price at or prior to the Closing Time, plus or minus (as the case may be) any spread, fee, adjustment or commission that FOREX4MONEY may apply when such an Expiring Transaction is closed.
5.5. The Client acknowledges that it is the Client's responsibility to make itself aware of the Closing Time and of any spread and/or Commission that FOREX4MONEY may apply when closing an Expiring Transaction. Closing Times for the CFDs offered by FOREX4MONEY are available in the Website.
6. MARKET SUSPENSION AND DELISTING; CORPORATE ACTIONS
6.1. Suspension. If at any time trading on a relevant Financial Market or trading in a certain Underlying Asset is suspended, FOREX4MONEY shall suspend the trading in the CFD Transactions based on such Underlying Asset and calculate the value of the CFD with reference to the last traded price before the time of suspension, as reasonably determined by FOREX4MONEY. In the event that the aforesaid suspension continues for five Business Days, FOREX4MONEY may decide, at its sole and absolute discretion, a Closing Time and price of the relevant CFD.
During the term of a CFD Transaction whose market is suspended, FOREX4MONEY shall have the right to terminate the CFD Transaction at its discretion, and to amend or vary the margin requirements.
6.2. Trading Termination. If an Underlying Asset has ceased (or will cease) to be listed, traded or publicly quoted for any reason and is not immediately re-listed, re-traded or re-quoted on the relevant Financial Market or quotation system (including in the event of any insolvency of a company whose shares constitute an Underlying Asset), the Closing Time of the relevant CFD shall be a reasonable time prior to such time in which the Underlying Asset will cease to be listed, traded or publicly quoted and FOREX4MONEY shall close all the relevant Transactions at the Closing Time.
6.3. Corporate Actions. If an Underlying Asset is subject to a Corporate Action, FOREX4MONEY shall set a Closing Time which shall be prior (if possible) to the Corporate Action’s time (and in the event of dividends, prior to the Ex-dividend date) and close all the relevant Transactions at the Closing Time. FOREX4MONEY further reserves the right to determine the appropriate adjustment to be made to the Transactions’ price or quantity as it considers appropriate to account for the diluting or concentrating effect of the Corporate Action. In the event of a distribution of cash dividends, FOREX4MONEY also reserves the right not to close the relevant Transactions
and to credit or debit the Client’s Account (depending on the Client’s position – short or long) in the
dividend amount, according to the Transaction quantity and minus any fee, if applicable, all as calculated by FOREX4MONEY. FOREX4MONEY’s specific trading rules with respect to Corporate Action as well as any known future Corporate Actions are included in the Trading Conditions and presented on the Website.
6.4. It is the Client’s obligation and responsibility to ensure that it is fully aware of the Corporate Actions or other events related to any Underlying Asset on which its Transactions are based. The Client acknowledges and agrees that not all Corporate Action can be known in advance.
7. Use of the Internet Trading Platform and Website
7.1. By accepting this agreement the Client accepts the provision of FOREX4MONEY’s End User License Agreement with respect of its use of the Internet Trading Platform which constitute an integral part of this Agreement.
7.2. The Client will make all necessary efforts to keep his Access Codes secret and known only to him. Client further agrees to logout from the Internet Trading Platform upon concluding its trading activity and at any time its relevant terminal is left unattended. Without derogating from the above, the Client will be liable for all Orders given through and under his Access Codes and any such Orders received by FOREX4MONEY will be considered as received from the Client. In cases where a third person is assigned as an authorized representative to act on behalf of the Client, the Client will be responsible for all Orders given through and under the representative’s Access Codes.
7.3. Client shall not use any software for the purpose of automatic trading in his account. Furthermore the Client shall not use or allow the use of a device which obstruct and/or interfere with the regular and ordinary carrying out of Transactions or of the functionality of the Internet Trading Platform or any part thereof, as determined by FOREX4MONEY at its sole discretion.
7.4. FOREX4MONEY shall not be responsible for any power cuts, internet or mobile failures or other failures that prevent the use of the Internet Trading Platform and shall not be responsible for any network connection failure or otherwise for the unavailability, for any reason, of the Internet Trading Platform.
8. Withdrawal from and Closing of the Account by Client
8.1. Client may request FOREX4MONEY to withdraw from the Account any Guarantee in excess of the minimum margin, by providing FOREX4MONEY with a written and duly signed and executed Withdrawal Form. Without prejudice to any right of FOREX4MONEY hereunder (including, without limitation, FOREX4MONEY’s rights pursuant to Section 4.2 above), FOREX4MONEY shall transfer any such excess Guarantee amounts (if any, and as determined by FOREX4MONEY at its sole discretion), less any applicable Bank transfer fees, according to Client’s instructions in the Withdrawal Form within seven (7) Business Days from the date of receipt thereof. For avoidance of doubt any such transfer by
FOREX4MONEY is subject to (i) any and all applicable laws such as money laundering laws, any requirements for withholding of tax and any foreign currency regulations, and (ii) Client providing full identification as required by FOREX4MONEY.
8.2. Withdrawals can only be made to the benefit of the Client, through the means in which the funds were deposited, and not to any third party. Surplus can only be withdrawn to a bank account which was approved by FOREX4MONEY as registered under the Client’s name. FOREX4MONEY does not enable to transfer any Transaction or open position to any other trading platform or provider.
8.3. In case Client wishes to withdraw all excess funds in the Account and close the Account it shall so notify FOREX4MONEY in the Withdrawal Form, and following the transfer (if any) made by FOREX4MONEY pursuant to such request, FOREX4MONEY shall close the Account.
8.4. Withdrawals shall only be made in the currencies deposited by the Client, provided that FOREX4MONEY supports these currencies as Account Currency.
9. Pricing & Commissions
9.1. The Client acknowledges and agrees that upon each Rollover, FOREX4MONEY will add or subtract the interest adjustments applicable to the relevant assets, including a spread. Similarly, all Share CFD Transactions will be subject to a daily credit or debit (depending on the position held by the Client – Long\Short), calculated on the basis of the relevant Inter-Bank interest rate of the currency in which the underlying share is traded and including a markup spread.
9.2. Client accounts in which there have been no trading activity for a period of twelve (12) consecutive months will be considered by FOREX4MONEY as dormant. Dormant accounts are charged a quarterly maintenance fee of US$15 or the full amount of the free balance in the account if the free balance is less than US$15. The first maintenance fee will be charged upon classifying the account as dormant and any further dormant fee shall be charged upon each calendar quarter (3 months) thereafter, provided that the account will remain to be classified as dormant. There will be no charge if the free balance is zero. Accounts with a zero free balance may also be closed.
9.3. FOREX4MONEY may charge Commissions for the services provided by it to Client hereunder, at such rates and mode as determined by FOREX4MONEY at its sole discretion from time to time and notified to Client. In such an event, the Commissions will be charged to the Account.
10.1. FOREX4MONEY will send, at Client's request, the following reports related to the Account (unless and to the extent that the information included therein may be obtained by Client through its interface to the Internet Trading Platform):
4.1.1. Bulletin of Transactions: Report concerning all the Transactions carried out by the Client.
4.1.2. Open Transactions: Report concerning the Open Transactions.
4.1.3. Bulletin of deposits, withdrawals and outstanding Guarantee.
11. Risks & Indemnification
11.1. All Transactions shall be carried out on behalf of Client and at Client’s sole responsibility, risk and
expense. FOREX4MONEY (and/or the TSP) shall not be held responsible for any loss, damage or debt to the Client arising directly or indirectly out of or in connection with this Agreement or any Transactions made pursuant there to, except in the event of gross negligence or willful misconduct on the part of FOREX4MONEY (and/or the TSP).
11.2. Client declares that he has fully read and understood the Risk Disclosure and Client’s Declaration Annex before signing this Agreement. By the entry into each and every Transaction pursuant to this Agreement, Client shall be deemed as having reread and reaffirmed this Agreement including without limitation all annexes.
11.3. The Client agrees and acknowledges that he is solely responsible for any investment strategy, transaction or investment, composition of any account and taxation consequences and he shall not rely for these purposes on FOREX4MONEY. The Client further acknowledges and understands that FOREX4MONEY shall bear absolutely no responsibility in any manner or form whatsoever, regardless of the circumstances, for any such investment strategy, transaction, investment or information, composition of any account and/or taxation consequences.
11.4. Client agrees to indemnify and hold FOREX4MONEY, the TSP (where applicable), and their affiliates, shareholders, employees, directors, successors and assigns (“Indemnified Persons”), harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorney’s fees) incurred by the Indemnified Persons and arising out of Client’s failure to fully and timely comply with its obligations set forth in this Agreement and/or FOREX4MONEY enforcement of such liabilities.
11.5. Client acknowledges and agrees that any oral information given to Client on the Account or with respect to trading and\or investing and\or with any information provided on the Financial Markets, if given, may be unverified and incomplete and that any reliance on such information is at Client’s sole risk and responsibility. FOREX4MONEY makes no warranty, express or implied, that any pricing or other information provided by it (and/or the TSP), through the Internet Trading Platform or by telephone or otherwise is correct or reflects current market conditions. Furthermore, FOREX4MONEY (and the TSP) do not make any warranties or guarantees with respect to their Internet Trading Platform and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose. If a quoting error (known to Client or of which Client should reasonably know) occur due to an FOREX4MONEY mistake, FOREX4MONEY will not be liable for the resulting errors in Account balances. FOREX4MONEY reserves the right to make necessary corrections or adjustments to the records of the Account involved in any such error. Any dispute arising from such quoting errors will be resolved on the basis of the fair market value of the currency at the time the error was made.
11.6. Without prejudice to the provisions of Section 11.1 above, FOREX4MONEY (and/or the TSP) shall not be liable to Client for any loss, damage or cost of any nature incurred by Client directly or indirectly by any cause beyond FOREX4MONEY’s (and/or the TSP) control, including without limitation, due to FOREX4MONEY (and/or the TSP) inability to perform any Transaction or the improper or partial performance of any Transaction due to technical reasons (such as, without limitation, damage or destruction to its computer systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software) or otherwise, except in case of gross negligence or willful misconduct on the part of FOREX4MONEY (and/or the TSP). Without derogating from the above, FOREX4MONEY’s aggregate liability towards the Client in respect of claims of FOREX4MONEY’s gross negligence or willful misconduct will be limited to the aggregate amount of the deposits less withdrawals made by the Client in the relevant Account.
12. Telephone & Recording
12.1. FOREX4MONEY may, in certain circumstances, accept instructions, by telephone or in person, provided that FOREX4MONEY is satisfied, at its full discretion, of the caller’s/Client’s identity and FOREX4MONEY is further also satisfied with the clarity of instructions. In case of an Order received by FOREX4MONEY in any means other than through the Internet Trading Platform, the Order will be transmitted by FOREX4MONEY to the Internet Trading Platform and processed as if it was received through the Internet Trading Platform.
12.2. FOREX4MONEY reserves the right, at its discretion, to confirm in any manner the instruction and/or Orders and/or communications sent through the telephone. The Client fully accepts the risk of misinterpretation and/or mistakes in the instructions and/or Orders sent through the telephone, regardless of how they have been caused, including without limitation technical failures.
12.3. Client acknowledges and agrees that any and all conversations with Client, by FOREX4MONEY, the TSP (where applicable) and their principals, employees and agents may be recorded with or without a warning and to the use of such recording in relation to any dispute between Client and FOREX4MONEY or the TSP (where applicable).
12.4. Client understands that FOREX4MONEY may destroy such recordings according to its internal policies from time to time.
13. Law and Jurisdiction
13.1. The laws of the British Virgin Islands shall govern this Agreement and the competent Courts of the British Virgin Islands shall have sole jurisdiction over any dispute arising from or in connection with this Agreement, except for claims for the collection of any amount owed by the Client to FOREX4MONEY which may be brought before any court with jurisdiction over the Client and/or its assets.
13.2. Client hereby waives any right to object to the sole jurisdiction of the British Virgin Islands, including without limitation any claim that such courts are inconvenient forum to resolve such disputes.
14. Entire Agreement & Amendments
14.1. This Agreement, including all Annexes, constitutes the entire agreement among the parties hereto and supersedes any and all prior agreements or understandings among the parties with respect to the subject matter hereof.
14.2. FOREX4MONEY may amend this Agreement by seven (7) days prior notice to Client (subject to any specific provision allowing a shorter Notice period or no Notice requirement at all). Such notice may be provided through the Internet Trading Platform, the Website or by Email, according to the email address provided by the Client.
14.3. FOREX4MONEY shall not be bound by any waiver unless made by a duly signed written instrument by FOREX4MONEY and no waiver or amendment of this Agreement may be implied from any course of dealings between the parties or from any failure of FOREX4MONEY to enforce its rights hereunder.
15.1. FOREX4MONEY may assign its rights and/or liabilities pursuant to this Agreement by a notice to Client. The Client may not assign its rights and\or obligations hereunder unless with FOREX4MONEY prior written consent, which may be given or denied at FOREX4MONEY’s sole discretion.
15.2. A person who is not a party to this agreement shall not have any rights to enforce any term of this Agreement.
16. Termination & Force Major
16.1. FOREX4MONEY may, by notice to Client; (i) cease the carrying out of new Transactions in the Account (“Trading Cessation”). In the event of Trading Cessation, the Client shall be obliged to close all existing Transactions (at Client’s discretion).
16.2. FOREX4MONEY may terminate this Agreement at any time, with or without cause, upon giving the Client seven (7) days advance written notice to such effect. Upon termination of this Agreement, all open Transactions shall close and the Client shall not be able to open new Transactions in the Account.
16.3. FOREX4MONEY may, upon any breach of this Agreement by the Client, including without limitation, upon receiving a charge-back from the Client’s credit card issuer or with respect to any other payment method for any reason, immediately close any and all of the Client’s open Transactions whether at a loss or a profit and liquidate the Client’s Account, without any notice. FOREX4MONEY reserves the right to further terminate this Agreement in such events.
16.4. FOREX4MONEY may, at its reasonable discretion and without derogating from its other rights under this Agreement and applicable law, determine that a Force Major Event has occurred. Following such determination FOREX4MONEY may, at its sole discretion: (a) Close all or some of the Client’s open Transactions; and/or (b) suspend or terminate all or certain Financial Instruments or CFDs; and/or (c) modify the margin requirements; and/or (d) modify the trading hours of certain Financial Instruments or CFDs. FOREX4MONEY will not be liable in any way to the Client or to any other person in the event of a Force Majeure Event, nor for its actions pursuant to this Section 16.4, or to any failure to fulfil its obligations under this Agreement.
16.5. The provisions of Sections 8, 11, 13, 15 and 18 hereof shall survive the termination of this Agreement.
17. Severability If any provision of this Agreement or the application thereof to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application thereof will not be affected and will be enforceable to the fullest extent permitted by law.
Reports and any Notice hereunder may be transmitted to Client at the address provided to FOREX4MONEY by the Client, or such other address notified by Client in writing to FOREX4MONEY from time to time. Reports and Notices may also be transmitted via facsimile, email (according to the address provided by the Client) or on the Website or Internet Trading Platform. All communications sent to Client shall be deemed delivered, at the time of delivery if sent by e-mail, facsimile, by hand delivery or notified through the Internet Trading Platform or the Website or within 3 Business Days if posted by mail. Communications by Client shall be deemed delivered only when actually received by FOREX4MONEY.
19. Trading Service Provider (TSP)
FOREX4MONEY may notify Client of the appointment of a Trading Services Provider as set forth in the Trading Services Provider Annex, and subject to the terms and conditions set forth therein. For avoidance of doubt, FOREX4MONEY (and not the TSP) remains the contracting party with Client. Client acknowledges and agrees that FOREX4MONEY is paying commissions to the TSP for its services pursuant to this Agreement.
Nomination of an Agent
Re: Nomination of Agent
I, the undersigned, hereby request to appoint and nominate “___________________________________”
(“Agent”), whose signature appears below, as my agent and attorney, and grant the Agent with full powers of substitution and power of attorney to act on my behalf concerning my Account(s) and to perform in my name and on my behalf any and all Transactions and actions I am entitled to perform pursuant to my contract with you, including without limitation, to buy, sell or carry out Transactions of any kind and nature on the foreign currency exchange markets, and (if applicable) other financial assets markets, but excluding the right to withdraw funds from the Account. Consequently, I authorize you and any Trading Services Provider (TSP) nominated by you to execute the instructions of my Agent. I fully understand and acknowledge that by appointing an Agent, only the Agent shall be entitled to operate in the Account. I hereby irrevocably and unconditionally ratify and confirm all actions and
Transactions performed by the Agent. I hereby agree to indemnify and hold FOREX4MONEY, the TSP, and their affiliates, employees, directors, successors and assigns (“Indemnified Persons”), harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorney’s fees) incurred by the Indemnified Persons and arising out of the nomination of the Agent and the performance of any Transactions in the Account or any other acts or omissions by the Agent.
This power of attorney and authorization shall remain in full force and effect and shall bind the undersigned towards you, your successors and assigns, until revoked by the undersigned in a written notice to you to that effect, duly signed by the undersigned. This power of attorney and authorization shall be revoked automatically upon receipt by FOREX4MONEY of any official and legally authenticated document attesting to the death or to the mental incapacity of the undersigned. In such latter event FOREX4MONEY may (but is not obliged) close any or all open Transactions in the Account.
I hereby consent to the performance of any transactions and the existence of any commercial relationship between the Agent and FOREX4MONEY and I acknowledge FOREX4MONEY does not and shall not owe me any fiduciary, care or other duty in relation to the Agent and the performance of any Transactions upon his instructions in relation to the Account or otherwise.
The laws of the British Virgin Islands shall govern this deed of nomination and the competent Courts of the British Virgin Islands shall have sole jurisdiction over any dispute arising from or in connection with this deed of nomination.
First Name: _____________ Last Name: _____________ Signature: ____________
_____________ First Name: _____________ Last Name: _____________
Mobile: _____________ Telephone: _____________ Fax: _____________
E-Mail: _____________ Address: ____________ City: _____________
Country: _____________ Date: _____________ Signature: _____________
The risk of losses involved in the transaction or the speculations in the Forex market, Binary Options or any other financial market could be considerable. You have to think carefully, whether such trading suits you while taking into consideration the circumstances, as well as your personal resources. Do not speculate except in funds you could afford to lose. Without limiting the above, it is important that you be fully aware of the following points:
The high level of leverage effect possible in the transactions in foreign currency stems from the fact that it is only necessary to pay modest margins or guarantees in relation to the scope of the contract. The result of that is, that (even) a slight fluctuation of the market could mean substantial gains when these fluctuations are in your favor, but could also mean considerable losses if the fluctuations are to your detriment.
There exists no system which could assure you that transactions on the foreign currency market and (if applicable) other financial assets markets should bring you benefits, nor is it possible to guarantee that your transactions will yield favorable results.
Even though the foreign currency markets and (if applicable) other financial assets markets are fluid (liquid) as compared with other financial and exchange markets, the market conditions might at times render impossible the execution of an order or of a limit order at a stipulated price. The amount you could lose in a Transaction carrying limited risk will never be more appreciable than that which you can lose in transactions having no pre-determined limit on loss. Nevertheless, even though the extent of the losses could be subjected to an agreed upon limit, the risk of incurring losses could be higher, and that loss could occur in a relatively short period of time.
It is possible, that some unfavorable situations on the market could occur, in a relatively short period of time, resulting in a total loss of your investment. As depositing an additional guaranteed is not obligatory in this case, FOREX4MONEY reserves the right to close the outstanding balances without the Client’s consent.
Binary options are options that pay a pre-determined fixed amount, depending on whether or not an event occurs at the time a certain contract expires, or if it had occurred during the contract time. Binary Options can have only one of two possible outcomes and allow you to take a simple “Yes or No” approach. Like traditional options, Binary Options are based on an underlying asset such as currencies, commodities, indexes or shares, however one of the most significant differences from traditional options, among others, is that there can be only two outcomes for the option, either the client is paid a fixed return upon the occurrence of the event, or the client loses the investment amount, or a certain part thereof (as detailed in each option) if the event does not occur.
Trading in Binary Options is speculative and involves a high degree of risk and can result in the loss of your entire investment. Therefore, trading in Binary Options is appropriate only for persons who understand and are willing to assume the economic, legal and other risks involved in such transactions. You should be satisfied that Binary Options trading is suitable for you in light of your financial circumstances and attitude towards risk. You should not engage in speculative Binary Options trading unless you understand the basic aspects of such trading and its risks.
If you are in any doubt as to whether Binary Option trading is appropriate and suitable for you, please seek independent advice from a financial consulting professional. FOREX4MONEY does not provide such advice. It is your responsibility, taking into account your personal circumstances and financial resources, to take particular care and make careful considerations independently, both prior to applying for engaging in Binary Options with FOREX4MONEY, and prior to making any individual order.
Where you do not understand the risks involved in applying for a trading account with FOREX4MONEY or in making any individual order, you should seek advice and consultation from an independent Financial Advisor. If you continue to not understand the risks involved in trading in Binary Options, You should not trade at all. You are advised that the Binary Options offered by FOREX4MONEY are not traded under the rules of any recognized, designated or regulated exchange. Consequently, engaging in Binary Option trading may expose you to substantially greater risks than investments which are so traded.
You must acknowledge that engaging in Binary Options poses a great risk of incurring losses and damages, and you must accept that you are willing to undertake this risk.
RISKS INHERENT IN TRADING THROUGH THE INTERNET
Trading through the Internet involves many interrelated systems, including hardware, software, telephony, cellular, cable, and power generation, all of which are subject to failure or malfunction that may adversely affect your ability to trade. During any time which you cannot access the Internet Trading Platform for whatever reason, you will not be able to enter, cancel, or modify Orders and/or Transactions. In the event of a failure, there is a chance that your Orders and/or Transactions could be lost. FOREX4MONEY is not responsible or liable for any effect on your ability to trade caused by any malfunction of the Internet, computing systems, or their related components.
THIS BRIEF STATEMENT CANNOT OF COURSE DISCLOSE ALL THE RISKS AND OTHER ASPECTS OF
TRADING FOREX, CFDS AND BINARY OPTIONS OR OTHER FINANCIAL INSTRUMENTS OFFERED BY FOREX4MONEY.
Glossary of Terms
"Access Code" means the username and password given by FOREX4MONEY to the Client for accessing the Internet Trading Platform.
“Account” means the Client’s account having such details as set forth in the Client’s Contract with FOREX4MONEY.
“Agent” means any Client’s authorized agent nominated by it in relation to the Account by sending FOREX4MONEY a nomination of Agent deed.
“Binary Options” means options that pay a pre-determined fixed amount, depending on whether or not an event occurs at the time a certain contract expires, or if it had occurred during the contract time and which are based on an underlying asset such as currencies, commodities, indexes or shares.
“Business Day” means a day in which Banks are open for business in the relevant countries.
“Client” for purposes of providing a Transaction shall include any Agent.
“Commissions” means any and all commissions charged by FOREX4MONEY in relation to this Agreement and any Transaction or Order made pursuant thereto.
“Corporate Action” - means an event, action or equity change which has a diluting/concentrating effect or any other material effect on the market value of the underlying shares, as determined at the sole discretion of FOREX4MONEY, including but not limited to: (i) subdivision, consolidation, split, reclassification, cancellation, par value change or other change of the rights attached to the shares; (ii) rights offering, bonus issue, equity offering or equity redemption; (iii) distribution (including cash, capital or any other manner of distribution) and repurchase of shares; (iv) any other event which materially affects or may materially affect the shares’ price (including material company announcements, takeovers, tender offers, arrangements, payments-in-kind, mergers, de-mergers, spinoffs, MBOs, nationalizations, insolvency etc.).
“Financial Markets” means international financial markets in which currency and/or other financial assets’ prices are determined.
“Financial Instrument(s)” means any of the financial instrument(s) offered by FOREX4MONEY, including without limitation, CFD (contracts for difference), Forex and Binary Options.
“Force Major Event” means any event beyond the reasonable control of FOREX4MONEY, which prevents FOREX4MONEY from complying with any of its obligations under this Agreement, including but not limited to: acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods); war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilization, requisition, embargo, rebellion, revolution, insurrection, military or usurped power, civil war, riot, commotion, strikes, go slows, lock outs, disorder and acts or threats of terrorism; acts and regulations of any governmental or supra national bodies or authorities that, in FOREX4MONEY’s opinion, prevents FOREX4MONEY from maintaining an orderly market in one or more of the Financial Instruments or CFDs in respect of which FOREX4MONEY deals on the Internet Trading Platform; the occurrence of an excessive movement in the level of any Transaction and/or Financial Market and/or Underlying Asset or FOREX4MONEY’s anticipation of the occurrence of such a movement; any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or the failure of any relevant supplier, financial institution intermediate broker, agent or principal of FOREX4MONEY, custodian, sub-custodian, dealer, exchange, feed provider, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations.
“Guarantee” means the current value of a Client Account given the amount of money deposited and changes as a result of profits and losses from existing and closed out positions, credits and debits from daily Rollovers, and charges from commissions, transfer fees or bank related fees if applicable.
“Internet Trading Platform” or “ITP” means the Internet trading platform provided to Client by FOREX4MONEY (and/or the TSP) in order to access the Account.
“Margin” means the minimum Guarantee required by FOREX4MONEY from Client for performance of Transactions and providing of Orders in the Account, from time to time.
“Notice” to Client means a notice provided by FOREX4MONEY, or by an ITP on its behalf, by telephone, e-mail, and facsimile or through its publication in FOREX4MONEY’s or its TSP web site or through the Internet Trading Platform.
Unless otherwise specifically set forth herein all Notices will be with immediate effect.
“Order(s)" - Clients directions either electronically (via Internet) or verbally (if permitted) to enter into a specific Transaction.
“Principal” means a dealer who buys or sells financial assets for his/her own account.
“Transaction” means either the purchase or sale of a Financial Instrument, in a determined quantity, value/closing date and amount.
“Trading Services Provider” or “TSP” the trading services provider set forth in a Trading Services Provider Annex.
“Trading Conditions” means the specific trading conditions with respect to the Company’s Financial Instruments as published on the Website, including trading hours, Corporate Actions, expiration dates, margin requirements, instrument specifications and trading rules, all as amended and modified from time to time by FOREX4MONEY.
“Underlying Asset” means any asset traded on a Financial Market upon its prices FOREX4MONEY generates CFDs or Binary Options.
“Website” means FOREX4MONEY’s website, located at www.iforex.com (including all sub-domains).
“Withdrawal Form” means instructions to withdraw funds from the Account, in such form as requested by FOREX4MONEY from time to time.
The Client's Declaration
As of the date hereof and the date of each Transaction or instruction made, Client hereby represents and warrants to FOREX4MONEY and the TSP that:
1. Client is of sound mind and legal competence and has full right and authority to perform over the counter foreign exchange (OTCFX), contracts for difference, Binary Options and any other Transactions allowable by FOREX4MONEY and performed by Client in the Account.
2. Client is not an employee director, associate, agent, affiliate, relative, or otherwise connected to FOREX4MONEY or any affiliate thereof.
3. Client (if not a natural person) is duly organized and validly existing under the laws of the jurisdiction of its organization and have received any and all resolutions required under its documents of incorporation and law to execute this Agreement and any Transaction made pursuant thereto and each person executing and delivering this Agreement or any Transaction on Client behalf is authorized to do so.
4. Execution and delivery by Client of this Agreement or any Transaction will not violate any law, regulation, bylaw, agreement, obligation, judgment, or policy applying to Client. Without prejudice to the above, Client is not an employee of any exchange, any corporation in which any exchange owns a majority of the capital share, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company that trades the same instruments as those offered by FOREX4MONEY.
5. Client is the full and ultimate beneficial owner of the funds deposited in the Account and of the payment instruments by which its deposits are made and no other person has or will have an interest in the Account. Client cannot and will not grant any security interest in the Account or its proceedings to other or others.
6. All details and declarations provided by Client to FOREX4MONEY are full and correct in all respects and Client shall immediately notify FOREX4MONEY on any change in such details or declarations.
7. Client has carefully read and understands this Agreement and without limitation, the above Risk Disclosure statement and FOREX4MONEY’s Trading Conditions.
8. All funds deposited in the Account originate from legal sources and do not originate from drugs, terrorism or any illegal or criminal activity.
9. Client may sustain the loss of any and all amounts deposited by it in the Account and that Client is willing and able, financially and otherwise, to assume the risk of such loss and any other loss, damages, expenses or costs incurred by Client in connection with this Agreement.
10. Client understands and acknowledges that without limitation to the provisions of the Agreement (i) while the Internet and the World Wide Web are generally reliable, technical problems or other conditions may delay or prevent Client from accessing FOREX4MONEY (and/or the TSP) Internet Trading Platform, and (ii) the use of the Internet exposes the user to risks resulting from the structure of the Internet and the use of a personal computer and/or any other end equipment permitting connection to the Internet. Client is responsible for all the results of unauthorized use of passwords and other means of information protection given to Client, and in Client’s personal computer. The entry passwords for service are personal, secret, private, and may not be transferred.
Use of the passwords and the preservation of their secrecy is at the full responsibility of the Client, with all that this entails, including, but not only, responsibility for damage caused to Client and/or to any other third party, as a result of transferring the password to others, by acts of commission or omission, and/or as a result of unsuitable storage of the password, and (iii) Client hereby agrees and undertakes to immediately inform the TSP of any penetration to the Account by a user unauthorized by Client and/or of any violation and/or damage to privacy and/or to the security of the service, and (iv) FOREX4MONEY (and/or the TSP) shall not be liable for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects, and (v) FOREX4MONEY (and/or the TSP) do not represent, warrant or guarantee that Client will be able to access or use the Internet Trading
Platform at times or locations of its choosing, or that FOREX4MONEY (and/or the TSP) will have adequate capacity for the Internet Trading Platform as a whole or in any geographic location, or that the Internet Trading Platform will provide uninterrupted and error-free service, and (vi) FOREX4MONEY (and/or the TSP) shall not be responsible for any loss and/or damage of any kind caused to Client as a result of use of the Account by others, whether or not with Client’s knowledge, and (vii) Client is forbidden to use another person's account without his prior approval and agreement; and (viii) the use of the website and the information services given to Client are at
Client’s full and sole responsibility and Client hereby confirms that he is aware of all the risks resulting from the method of giving and receiving the information services through the Internet. (ix) Client shall not use any software for the purpose of automatic trading in his Account; and further shall not use or allow the use of the computer with which Client is performing Transactions in the Account in any manner obstructing or interfering with the regular and ordinary carrying out of such Transactions as contemplated by FOREX4MONEY.
11. Unfortunately, our services are not available for the residents of the following countries: the British Virgin Islands, United States, member states of the European Union, Australia, New Zealand, Turkey, Japan, Brazil and other countries set out in the Company’s Website, since securities laws or regulatory equivalent laws do not allow residents of such countries to carry currency or derivative transactions through future contracts or since their residents are not allowed to obtain the services due to other regulatory reasons. Therefore, until such authorization is obtained, Transactions entered into by residents of those countries may not be accepted or honored by FOREX4MONEY. If you are currently a resident of the countries mentioned in this disclaimer, please do not use our web site. Our services are not available where it does not comply with legal usage; FOREX4MONEY reserves the right to refuse and/or cancel services to anyone at its own discretion. If you are a resident of the European Union please refer to the terms and conditions of the European regulated affiliate of FOREX4MONEY.