This Agreement for brokerage services in financial markets (hereinafter referred to as the – Agreement) determines the order and conditions of the Client's work. For the purposes of this Agreement, the Client and the Bank are referred to as « Parties » ;. All annexes to this Agreement are its integral part. The contract with all applications to it shall be published on the official website of the Bank on the Internet.
- Subject of the Agreement
1.1. The Bank provides the Client with services for conducting Transactions in over-the-counter markets, as well as performing other actions necessary for the execution of Client's orders, as well as other services related to the brokerage services of the Client, and the Client accepts and pays such services in accordance with this Agreement.
1.2. Under this Agreement, the Bank is entitled to provide the Customer with additional services related to brokerage services. Additional services, as well as the Bank's remuneration for such services, are defined in an additional agreement that is signed directly between the Bank and the Client interested in receiving such services.
1.3. Within the framework of this Agreement, the Bank may from time to time, on its own initiative or at the request of the Client, provide the latter with analytical information and other information about the financial market conditions and financial market products, but not as a service provided. In this case, the Bank will not be responsible for the accuracy, completeness and accuracy of such information, as well as for the results of its use by the Client.
2.1. Customer hereby confirms:
(a) consents to all provisions of this Agreement and its annexes;
(b) its full legal capacity, as well as what this Agreement concludes consciously and voluntarily;
(c) he has the necessary knowledge and experience to properly evaluate his investment and other decisions made in connection with the Treaty, and their consequences;
(d) the completeness and accuracy of the information provided to them by the Bank in connection with the conclusion of this Agreement, as well as its commitment to maintain the relevance of such information;
(e) his lack of intent to violate applicable law, damage to the Bank or third parties.
2.2. The Parties acknowledge that an electronic signature in an electronic document is equivalent to a handwritten signature in a document on paper.
2.3. This Agreement, including all applications and forms thereto, may be translated into other languages. In case of contradictions between the texts of the documents, the English version will be imperative.
2.4. The legal relations of the Parties to this Agreement are governed by the laws of the Republic of Mauritius, without the use of conflict of laws rules.
2.5. The rights and obligations of the Parties are provided for in this Agreement, as well as in the annexes and supplements thereto.
2.6. The Bank has the right to refuse the Client to execute the Order if it contains signs of manipulation, illegal use of insider information, legalization (laundering) of criminal proceeds, or funds intended for financing terrorism, other signs in respect of which the Bank has reason to believe that such an Order can violate applicable legal requirements.
- Responsibility of the Parties
3.1. The parties are liable for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the terms of this Agreement and applicable law.
3.2. The bank is not responsible:
(a) for the results of the Client’s investment decisions, including those made by the Client based on analytical materials provided by the Bank;
(b) for non-execution of the Client's Order due to the disruption of the Bank’s computer systems or communication channels (malfunctions and malfunctions in equipment, software, power supply and etc.);
(c) for non-fulfillment or improper fulfillment by third parties of their obligations under the Client's Orders under this Agreement.
3.3. The Bank is not responsible for any consequences caused by the insolvency of issuers.
3.4.The Bank shall not be liable to the Customer for losses caused by the latter action or inaction of the Bank if the Bank reliably relied on the instructions of the Customer.
3.5. In the event of non-fulfillment or improper fulfillment of obligations to pay for the Bank's services, the Bank has the right to suspend servicing the Client until the Client fulfills its obligations fully.
3.6.Any information provided by the Bank to the Client cannot be considered as a recommendation for the conclusion of a Transaction.
3.7. The parties shall be released from liability for failure to fulfill or improper performance of their obligations under this Agreement if this was caused by force majeure (natural disasters , military actions, changes in legislation, decisions of state or local authorities, etc.), the occurrence of which the Parties could neither foresee nor prevent and which made it impossible for at least one of the Parties to fulfill their obligations hereunder .
- Co-Owners of a Trading Account
4.1. All Co-Owners of the Trading Account are jointly and severally liable for the respective Joint Trading Account.
4.2. The Bank has the right to provide notifications to either the Client or another Co-owner of the Joint Account, however, orders that were sent by one Co-owner are considered legitimate orders of the Client, and the Company is not responsible for informing other Co-owners on the account and / or obtaining the relevant consent ;
4.3. The Bank reserves the right to request confirmation of the order, order and / or instruction by all Co-owners of the Joint Trading Account;
4.4. In case of death or incapacity of the Co-owner (Co-owners) of the Trading Account, the Bank has the right to accept instructions from the survivor (survivors) Co-owners (Co-owners) and pay the balance to such survivors (survived) Co-owners (Co-owners) All rights and obligations of the Client with respect to the Bank are also transferred to the surviving (surviving) Co-owner (s).
- License and platform
5.1 The Bank grants the Client a limited non-exclusive license to use the Platform (including the use of the site and the software provided by the Bank. This license is not transferable. in case of termination of this Agreement, the license is terminated automatically. All rights to the Platform are the property of the Bank.
5.2 The Bank has the right to close the Maintenance Platform without prior notice to the Client, if there are valid reasons for this.
5.3 The Bank does not provide any guarantees that:
5.3.1. access to the Platform is provided on a continuous, uninterrupted basis, since access to the Platform may be restricted due to maintenance, repair, installation of updates, etc.;
5.3.2. The platform does not contain defects, errors, viruses and other objects with infecting properties.
5.4. The Bank shall not be liable for damage, destruction and / or formatting of the Client's data due to problems with his computer system or electronic device, as well as failures, delays or connection problems.
5.5. Customer has no right:
5.5.1. Use software that uses artificial intelligence to analyze Bank and / or Platform systems.
5.5.2. Use any type of spider, virus, worm, trojan horse, time bomb, any other codes or commands that are designed to distort, delete, damage or separate the Platform (Platforms) or communication system, or any other Bank system.
5.5.3. Perform any actions aimed at violating the integrity of the Bank’s computer system or the Platform.
5.5.4. Perform any actions aimed at obtaining unauthorized access, including the use of the Platform.
5.5.5. Use the Platform for profit, knowing and / or reasonably believing that the Platform (s) do not work correctly.
5.6. In case of violation by the Client of clause 5.5, the Company has the right to take one or several actions set forth in clause 11.2. of this Customer Agreement.
5.7. The Client undertakes to take the necessary measures to protect the system from viruses and other harmful materials that may harm the Platform, the site or the Bank as a whole.
- Contract Termination
6.1. Any of the Parties may at any time refuse to perform this Agreement (terminate the Agreement) unilaterally without explaining the reason for refusal by sending a notice to the other Party about termination of the Agreement for 15 days.
6.2. A contract shall be deemed terminated after thirty (30) calendar days from the date of the notice of termination of the Contract.
6.3. In the absence of operations on the Customer’s account (s) for more than 1 (one) month, the Bank is entitled to recognize such an account « asleep » and charge a monthly fee for servicing such an account in the amount of 99 euro.
6.4. In the case of sending (receiving) a notice of termination of the Agreement, the Client is obliged to give the Bank instructions regarding the funds in his trading account at the Bank, as well as settle other issues related to the termination of this Agreement.
6.5. If funds remain on the Customer’s Trading Account at the date of termination of the Agreement, the Bank is entitled to transfer these assets to another Trading Account opened for such a Customer, and also to the Bank or crypto account using the details specified by the Client.
- Client data integrity
7.1. The Client undertakes not to disclose his secret access data to third parties and notify the Bank if there is reason to believe that such data may be disclosed to an unauthorized person so that the Bank can take appropriate measures.
7.2. The Bank is not responsible for unauthorized access by third parties during data transmission between the Parties using the Internet or other networks and means of communication.
7.3. If the Bank has reason to believe that there is a possibility of access by unauthorized persons to the Client's data, the Bank has the right to disable the Client's trading account at its discretion. In this case, these actions of the Bank do not generate any obligations on the part of the Bank to the Client.
- Placing and executing orders
8.1. The client can open (close) positions directly on the Bank's Platform, as well as by telephone through a voice order, in which case orders will be placed by the Bank. In both cases, the Client must enter / provide his secret data.
8.2. The Bank undertakes to make the necessary efforts to execute the order, however, the transfer or execution of the order may not always be executed for reasons beyond the control of the Bank.
8.3. The Bank has the right, at its discretion, to add, remove or suspend any financial instrument from the Platform as necessary.
8.4. Orders are placed during the usual trading hours of the Bank, on its Platform and / or on the website, with changes in effect at the relevant time.
- Client trade restriction
9.1. The Bank has the right to restrict trading on the Client’s trading account without sending a relevant notice to the Client, namely: cancel orders, reject the execution of the order, without giving rise to grounds for claims for compensation or other demands from the Client, in cases where the following circumstances occur:
9.1.1. Internet connection or communication lines fail.
9.1.2. Court ruling, regulatory or supervisory authority requirements, and for the purposes of combating fraud, terrorist financing, and / or money laundering.
9.1.3. Force majeure, market destabilization.
9.1.4. Possible illegitimacy of the order.
9.1.5. Client’s failure to fulfill obligations.
9.1.6. Termination of the Agreement.
9.1.7. The Bank’s system rejects the order due to trade restrictions.
9.1.8. The balance of the Client’s trading account is insufficient to place a specific order.
- Deposits and withdrawals
10.1. The minimum initial deposit required to activate a trading account is set by the Bank and may differ for different types of accounts.
10.2. The replenishment method and deposit currency are set by the Bank at the relevant point in time.
10.3. The Bank is entitled to request from the Client any documents confirming the source of funds. The Bank also has the right not to accept the Client's deposit if there are doubts about the legality of the origin of funds.
10.4. If the funds that were sent by the Client are not credited to his trading account within a reasonable time, the Client is obliged to notify the Bank. The company can request from the Client the documents necessary for finding and tracking the transaction, and the Client undertakes to provide such documents.
10.5. In order to withdraw funds from a trading account, the Client must issue a corresponding request in his / her personal account on the Bank’s website. The withdrawal requests shall be processed within 1-5 working days.
10.6. The Bank reserves the right to refuse the execution of a request for withdrawal, in whole or in part, if:
10.6.1. Customer’s application does not contain all the necessary information;
10.6.2. A transfer is requested to an account from which no deposit has previously been made and / or to an account that does not belong to the Client;
10.6.3. There is a circumstance of force majeure;
10.6.4. At the time of payment, the Client’s balance is less than the amount specified in the application for withdrawal, including all fees;
10.6.5. There is insufficient free margin to fulfill the relevant request for withdrawal of funds;
10.6.6. The Bank reasonably believes that cash may be required to meet margin requirements;
10.7. The Bank does not accept anonymous payments or payments made by third parties to the Customer’s account.
10.8. The Bank reserves the right to reasonably reject a request to withdraw Client’s funds if it requests a specific transfer method, and also has the right to offer an alternative transfer method.
10.9. All fees for money transfer are borne by the Client.
10.10. The bank is not responsible for mistakes made in the execution of a review if they were made not through the company's fault.
- Failure to comply with the terms of the Agreement
11.1. Failure to comply with the terms of the Agreement are the following cases:
11.1.1. Client’s failure to fulfill any obligations to the Bank.
11.1.2. The presence of any amount payable by the Client in favor of the Bank.
11.1.3. The requirement of the competent court or authority to take certain measures, the requirement of the applicable law or other jurisdiction to which the Client belongs.
11.1.4. In the event of the death of the Client, the announcement of his missing, as well as in the event that the Client acquires a mental illness (if the Client is an individual).
11.1.5. Other circumstances when the measures outlined in paragraph 11.2, according to the Bank, should be taken.
11.1.6. Applying unfair trading strategies, including but not limited to: trading on news, scalping, manipulating or combining fast and slow quotes, etc.
11.1.7. Client's use of a stolen card to replenish a trading account.
11.1.8. Taking actions that could harm the Bank and / or its employees.
11.2. In the event of the events set out in the previous clause 11.1., The Bank has the right to:
11.2.1. Terminate this Agreement unilaterally without prior notice to the Client.
11.2.2. Close open positions.
11.2.3. Close access to the Platform for a certain period of time or in full, as well as suspend or prohibit the performance of any actions on the Platform.
11.2.4. Reject the transfer or execution of a Client order.
11.2.5. Limit Client's trading.
11.2.6. Cancel the profit received during the illegal operations indicated in clause 11.1 or through the use of artificial intelligence on the Client’s trading account.
11.2.7. To file a claim for damages suffered by the Bank.
- Force Majeure
12.1. Force majeure — this is an event of force majeure, not dependent on the will of the parties to this Agreement and not controlled by it, including but not limited to: strikes, labor disputes, government measures and restrictions, resolutions of the relevant authorities, natural disasters and natural disasters, wars, state of emergency, terrorist acts, and other events of a similar nature, market destabilization, abnormal market conditions, suspension of trade, liquidation or closure of any market, introduction of restrictions, non-standard trading conditions poured, etc.
12.2. In the event of the events described in the previous paragraph 12.1, the Bank has the right to take any actions that, according to the Bank, are necessary in a specific situation of force majeure including, among other things: suspend trading on the Client’s trading account, change the Company's Trading Hours for all or some of the instruments and currencies, close any deals and / or cancel the order, etc.
12.3. The Bank is not liable for damages resulting from the application of the actions described in the previous paragraph 12.2 and non-compliance with the terms of this Agreement in the circumstances of force majeure.
- Intellectual property
13.1. All copyrights, trademarks, industrial property rights and other intellectual property are the property of the Bank (or third parties that provide services or licenses in appropriate cases) and the Client has the right to access the Company's materials only in the manner established for work on the client’s account under this Agreement.
- Making changes and additions.
14.1. The Bank may supplement or replace any article or part of the Agreement, in part or in full, by posting on the official website. Such additions and changes take effect from the moment of their publication.
14.2. If the Client objects to the changes, he must inform the Company about this within 5 days from the moment the changes take effect. In the absence of such notification of the Client, it is considered that such changes were approved by him. If the Client sends a notice of objection to such changes, the Company has the right to request the Client to close his Account.