ECN Forex Broker
Post on: 26 Апрель, 2015 No Comment
TERMS AND CONDITIONS
Note: The English version of this agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the other versions.
This client agreement, together with any Schedule(s), and accompanying documents, as amended from time to time, (this “Agreement”) sets out the terms of the contract between you and us. Please read it carefully and let us know as soon as possible if there is anything which you do not understand.
www.accfx.com). ACCFX is obliged to submit monthly reports to ensure full compliance with European norms in terms of capital adequacy ratios. Client funds are held separately from ACCFXs own funds.
The Client wishes to become a client of the Company and upon the first funding of the Clients account, the Company shall not be contractually committed until such time as it has confirmed to the Client that it has opened an account on the Clients behalf.
The relationship between the Client and the Company shall be governed by these Business Terms, as amended from time to time.
The Client accepts and understands that the official language of the Company is the English language and that he should always refer to the legal documentation posted on the website of the Company for all information and disclosures about the Company and its activities.
INTRODUCTION
COPE OF THIS AGREEMENT
This Agreement sets out the basis on which we will provide services to you. This Agreement governs each Transaction entered into or outstanding between us on or after the execution of this Agreement.
COMMENCEMENT
This Agreement supersedes any previous agreement between you and us on the same subject matter and takes effect when you indicate your acceptance via our website. This Agreement shall apply to all Transactions contemplated under this Agreement.
1. Definitions of terms
The following terms shall have the following meanings:
Account shall mean the trading account opened by the Client with the Company.
Agreement between the Client and the Company, shall mean the Business Terms and any additional documents expressed to be part of the Business Terms accepted by the Client.
Authorized Person shall mean a person authorized by the Client to give instructions on the Clients account to the Company.
Base Currency shall mean the main currency of the Clients Account. Business Day shall mean any banking day in the Republic of St. Vincent.
CFD shall mean a Financial Contract for Difference on spot Forex, stocks, equity indexes, precious metals or any other commodities available for trading.
Client shall mean any natural or legal person to whom the Company provides investment and/or ancillary services.
Contract shall mean a trade, purchase or sale of currencies or Financial Instruments in the market.
Equity shall mean the value of Financial Instruments in the trading account plus the unrealized profits or minus the unrealized losses.
Financial Instrument shall mean Foreign Exchange and the Contract for Difference.
FX or Forex shall mean Foreign Exchange, sale and purchase of currencies against each other.
Introducing Broker shall mean any financial institution or advisor or legal or natural person obtaining remuneration from the Company and/or Clients for introducing Clients to the Company and/or transmitting Clients orders to the Company for execution.
Margin shall mean the necessary guarantee funds requested to open a position.
Margin call shall mean the forced closing, at current prices, by the Company of Clients open positions when equity falls below the minimum required margin.
Margin level shall mean the amount of Equity as percentage to the current market value of the securities held as margin.
MiFID shall mean the Markets in Financial Instruments Directive 2004/39/EC of 21 April 2004.
Power of Attorney shall mean the power to authorize a third party to act on behalf of the Client in all the business relationships with the Company.
Spread shall mean the difference between the bid and the ask price of a Financial Instrument at the same moment.
Trading Platform shall mean any information software and hardware complex used by the Company for the purpose of providing services to the Client in accordance with this agreement.
Trading Terminal shall mean the Client part of the Trading Platform, enabling the Client to communicate with the Company and or Transmit orders to the Company.
Transaction shall mean any type of transaction performed in the Clients account including but not limited to purchase and sale transactions involving Financial Instruments, deposits, withdrawal.
2. Provision of services
The Financial Services to be provided by the Company to the Client are:
- Facilitating the Reception and Transmission of Orders in relation to one or more Financial Instruments.
The Ancillary Services to be provided by the Company to the Client are:
- Assisting in Granting credits or loans to one or more financial instruments, where the firm assists in granting the credit or loan related to the transaction
- Supporting Foreign exchange services where these are connected to the provision of investment services.
In relation to:
Options, futures, swaps, forward rate agreements and any other derivative contracts relating to securities, currencies, interest rates or yields, or other derivatives instruments, financial indices or financial measures which may be settled physically or in cash.
Financial Contracts for Differences.
The Company lists on its website the Transactions that the Client can conclude with the Company and the Financial Instruments that the Client can buy or sell. The Company reserves the right to amend the Transactions and the Financial Instruments concerned without prior notice.
Please note:
The Services provided by the Company do not include the provision of Investment Advice.
Any discussions that might be carried on between the Client and the Companys employees or any information provided by the Company will not give rise to any advisory relationship, nor do they constitute Company recommendations.
Any investment information or materials displayed on the website of the Company does not constitute investment advice and has no regard to specific investment objectives, financial situations or particular needs of the Client. The Client acknowledges that this information is provided to assist him in his investment decision and the Company does not bear any responsibility for the Transactions carried out by the Client. The Client is solely responsible for any investment strategy, Transaction or investment.
Trading in Financial Instruments is regulated by the Investment Services and Activities and Regulated Markets Law of chapter 149 /2009/ section 5(1) under reference number 22390 IBC. International Trading
3. Margin trading
Foreign Exchange and CFDs are margin products and the transactions related to them will be done on margin. This means that the Client must supply a specified initial margin (deposit), on agreement, of the overall contract value. The Client declares that he has read, understood and accepted the Risk Disclosure document available on the website of the Company.
If the Account Equity falls below the margin requirement, the trading platform will trigger an order to close all open positions. When positions have been over-leveraged or trading losses are incurred to the point that insufficient equity exists to maintain current open positions, a margin call will result, and open positions must be liquidated.
The margin call process is entirely electronic and there is no discretion on the Companys part as to the order in which trades are closed.
It is strongly advised that Clients maintain the appropriate amount of margin in their Accounts at all times. Margin requirements may be changed based on account size, simultaneous open positions, trading style, market conditions, and at the discretion of the Company.
The Client thus accepts, acknowledges and understands that:
The Company does not check whether the Transactions of this nature are appropriate to his financial situation;
The Company sets freely the amount of margins, the assets that may be used as collateral and the extent of any collateral such assets may provide;
All the Clients assets are therefore blocked and pledged in this connection;
The Company may also change its rates of initial margin and/or notional trading requirements at any time without prior notice, which may result in a change to the margin the Client is required to maintain;
Taking into consideration the low margin normally demanded for these Transactions, price variations in the underlying asset may result in major losses, which could significantly exceed the investment and margin deposit committed by the Client;
The Client may be required to provide a margin at very short notice to avoid the risk of having his positions closed and realizing a total loss;
If the Client fails to comply with a request for additional funds within the time prescribed, the position(s) may be liquidated at a loss and the Client will be liable for any resulting deficit;
In certain cases, price changes may be so drastic that the Clients positions may be closed without any period allowed for him to restore his margin;
The Company provides the Client with online access to enable the Client to monitor his margin requirement at all times;
The margin calls are made by the Company directly through the online trading platform only and the Client has the possibility to see on his account the existing assets and margins.
4. Risk acknowledgement
The Client accepts, acknowledges and understands that the Transactions are:
highly speculative;
carry a high level of financial risk, as they are subject to excessive price fluctuations which may cause substantial losses;
only suitable for persons who are able to cope with the associated risks by bearing the financial losses.
Furthermore the Client accepts, acknowledges and understands that:
the Company does not guarantee the capital of the Client portfolio or its value at any time or any money invested in any Financial Instrument;
the value of any investment in Financial Instruments may fluctuate and the investment may become of no value;
the value of any investment in Financial Instruments may fluctuate and this may result in considerable losses, substantially exceeding the amount of Clients investment and margin deposit and declares that he is willing and able to undertake this risk.
5. Clients Account
The Client shall open an account with the Company to conclude purchase and sale involving Financial Instruments offered by the Company.
The Client does not intend to use this Account for payment transactions to third parties.
In order to open an account, the Client will need to fill out our online application form. At the end of this form, the following documents must be uploaded:
Identification document (Passport or ID card): Photograph, signature, personal details, issue and expiry dates, place and date of issue, and serial number MUST BE CLEARLY VISIBLE; and
Proof of address (utility bill, current local authority tax bill): dated within the last 6 months.
If the Client is unable to upload these documents, the documents can be sent via email following the submission of the online application form.
In the event that the Client cannot send the necessary documents by email, the Company will accept them by fax or post, however, email still remains the preferred method.
If the Client has opened more than one Account, the Company shall be authorized to consider and treat these different Accounts as a single unit. Among other rights that the Company has in the way of handing these accounts, is the transferring of funds between accounts to cover possible negative balances, of any of these accounts, without this affecting in any way the right of the Company to terminate the account or close all Clients open positions.
Any funds received in a currency for which the Client does not hold a sub-account shall be converted by the Company into the Clients base currency. The conversion will be made at the exchange rate applied on the day and at the time when the relevant funds are at the disposal of the back-office department of the Company. Upon request, the Client may open a sub-account.
6. Client categorization
MiFID recognizes that investors have different levels of knowledge, skill and expertise, and that regulatory requirements should reflect this. MiFID introduces two main categories of Clients (retail and professional) and a separate and distinct category for a limited range of businesses (eligible counterparties). Different levels of regulatory protection are attached to each category. The less experienced, knowledgeable and sophisticated investors (retail Clients) will be afforded a higher level of protection than that afforded to investors in the professional or eligible counterparty category.
The Client is bound by the MiFID Client Categorization document available on the website of the Company.
7. Obligations of the Client
The Client confirms that is familiar with the way financial markets work and with the Transactions he wishes to undertake. Any decision to buy or sell should be taken by the Client alone and should be based on his own assessment of his financial situation and his investment objectives.
The Client is responsible to familiarize himself with the trading platform, its features and the orders that are capable of being carried out.
The Client will himself monitor his position on his Account.