Client Agreement

Part A: General Terms

1. Introduction

1.1 The Agreement is entered by and between IUX MARKETS LIMITED (“the Company”) on the one part and the Client (which may be a legal entity or a natural person) who has completed the Account Opening Application Form (hereinafter called the “Client”) on the other part.

The terms “Client,” “he,” “she,” “they,” and “their” refer to the individual entering into this Agreement, regardless of gender or number. These terms shall be interpreted to mean the same and shall be used interchangeably.

1.2 IUX Markets Limited is incorporated with the Financial Services Authority in Saint Vincent and the Grenadines under registered number 26183 BC 2021. at Beachmont Business Centre, 321, Kingstown, St. Vincent and the Grenadines. The physical address of the company is at 16 Foti Kolakidi, 1st Floor, Office A, Agia Zoni, 3031, Limassol, Cyprus.

1.3 This Term of Use with the following documents found on the Company’s website (namely “General Business Terms”, “AML Policy”, “Risk Warnings Policy”, and other legal documentation), as amended from time to time, (together the “Agreement”), as well as any other documentation that may be communicated applicable to a Client as a result of his participation in any of the Company’s campaigns and/or loyalty programs set out the terms upon which the Company will offer Services hereunder to the Client and shall govern all CFD activity of the Client with the Company during the course of the Agreement.

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2. Interpretation of Terms

“Access Data” shall mean the login and password of the Client, which are required so as to place Orders in CFDs with the Company on the Trading Platform, and any other phone passwords or similar, used to access the Personal Area so as to perform non trading operations.

“Account Opening Application Form” shall mean the application form/questionnaire completed by the Client, on-line on the Company’s Website and/or mobile application(s) and/or in hard copy, in order to apply for the Company’s Services under the Agreement and a Client Account, via which form/ questionnaire the Company will obtain amongst other things information for the Client’s identification and due diligence, financial profile and appropriateness in accordance with the Applicable Regulations.

“Affiliate” shall mean in relation to the Company, any entity which directly or indirectly controls or is controlled by the Company, or any entity that is directly or indirectly under common control with the Company; and

“Control” means the power to direct or the presence of ground to manage the affairs of the Company or entity.

“Agreement” shall mean this document (Client Agreement) and various documents found on the Company’s website, namely “General Business Terms,” “Partnership Agreement,” “Risk Disclosure and Warnings Notice,” “Bonus Terms and Conditions,” “Complaints Procedure for Clients,” as amended from time to time and any subsequent Appendices added thereto.

“Agreement” shall mean this document (Client Agreement) and various documents found on the Company’s website, namely “General Business Terms,” “Partnership Agreement,” “Risk Disclosure and Warnings Notice,” “Bonus Terms and Conditions,” “Complaints Procedure for Clients,” as amended from time to time and any subsequent Appendices added thereto.

“Ask” shall mean the higher price in a Quote at which the price the Client may buy.

“Balance” shall mean the total financial result in the Client Account after the last Completed Transaction and depositing/withdrawal operation at any period of time.

“Bid” shall mean the lower price in a Quote at which the Client may sell.

“Business Day” shall mean any day, other than a Saturday or a Sunday, or the 25th of December, or the 1st of January or any other international holidays to be announced on the Company’s Website.

“Client Account” shall mean the unique personalized account of the Client consisting of all Completed Transactions, Open Positions and Orders in the Trading Platform, the balance of the Client money and deposit/withdrawal transactions of the Client money.

“Client Terminal” shall mean the MetaTrader program version 5, or other platform trading facilities including (but not limited to) web and mobile, which are used by the Client in order to obtain information on Underlying Markets in real-time, make Transactions, place or delete Orders, as well as to receive notices from the Company and keep record of Transactions.

“Closed Position” shall mean the opposite of an Open Position.

“Completed Transaction” shall mean two counter deals of the same size and instrument (opening a position and closing a position): i.e., buy then sell and vice versa in CFDstrading.

“Contract for Differences” (“CFDs”) shall mean a contract between two parties, typically described as “buyer” and “seller,” stipulating that the buyer will pay to the seller the difference between the current value of the price of an Underlying Asset and its value at contract time (if the difference is negative, then the seller pays instead to the buyer). A CFDs is a Financial Instrument.

“Contract Specifications” shall mean the principal trading terms in CFDs (for example Spread, Trading Commission, Swaps, Lot Size, Initial Margin, Necessary Margin, Hedged Margin, the minimum level for placing Stop Loss, Take Profit and Limit Orders, financing charges, swap charges, other charges, etc.) for each type of CFDs as determined by the Company from time to time.

“Currency of the Client Account” shall mean the currency that the Client Account is denominated in, as available by the Company from time to time.

“Equity” shall mean the Balance plus or minus any Floating Profit or Loss that derives from an Open Position and shall be calculated as:

• A. Equity = Balance + (Floating Profit – Floating Loss); and/or
• B. Equity = Free Margin + Margin

“Error Quote (Spike)” shall mean an error price that has the following characteristics:

• A. A significant Price Gap; and
• B. In a short period of time the price rebounds with a Price Gap; and
• C. Before it appears there have been no rapid price movements; and
• D. Before and immediately after it appears that no important macroeconomic indicators and/or corporate reports are released.

“Event of Default” shall have the meaning given in paragraph 12 of Part A of this Agreement.

“Cause of breach of contract” referred to within the meaning of Article 11.1 of Part A of this Agreement.

“Expert Advisor” shall mean a mechanical online trading system designed to automate trading activities on an electronic trading platform. It can be programmed to alert the Client of a trading opportunity and can also trade his account automatically managing all aspects of trading operations from sending orders directly to the Trading Platform to automatically adjusting stop loss, trailing stops and take profit levels.

“Financial Instrument” shall mean Contracts for Differences.

“Floating Profit/Loss” shall mean current profit/loss on Open Positions calculated at the current Quotes (added any Trading Commissions or fees if applicable) in CFDs trading.

“Force Majeure Event” shall have the meaning as set out in paragraph 13.1 of Part A of this Agreement.

“Free Margin” shall mean the amount of funds available in the Client Account, which may be used to open a position or maintain an Open Position. Free Margin shall be calculated as: Equity less (minus) Necessary Margin [Free margin = Equity – Necessary Margin.]

“Hedged Margin” shall mean the necessary margin required by the Company so as to open and maintain Hedged Positions in CFDs trading.

“Hedged Positions” shall mean Long and Short positions of the same size and instrument, opened on the trading account.

“Indicative Quote” shall mean a Quote at which the Company has the right not to accept any Instructions or arrange for the execution of any Orders in CFDs trading.

“Initial Margin” shall mean the necessary margin required by the Company so as to open a position in CFDs trading.

“Instant Execution” shall mean the execution method where the order of the client will be executed at the Client’s requested price or will not be executed at all. In the event that the price has changed during the processing request, the client will get a requote. A requote is a notification which tells the Client that his/her requested price is no longer available and gives the client 3 seconds to accept or reject the new price. If they accept the new price, their order will be executed with the new price. If they reject the new price or do not respond to the requote, then the order will not be executed at all.

“Leverage” shall mean a ratio in respect of Transaction Size and Initial Margin in CFDs trading. 1:100 ratio means that in order to open a position, the Initial Margin is one hundred times less than the Transactions Size.

“Long Position” shall mean a buy position that appreciates in value if underlying market prices increase in CFDs trading.

“Lot” shall mean a unit measuring the Transaction amount specified for each Underlying Asset of a CFDs.

“Lot Size” shall mean the number Underlying Assets in one Lot in a CFDs.

“Margin” shall mean the necessary guarantee funds so as to open or maintain Open Positions in a CFDs Transaction.

“Margin Call” shall mean the situation when the Company informs the Client that the Client does not have enough Margin to place Orders or maintain Open Positions.

“Margin Level” shall mean the percentage of Equity to Necessary Margin ratio in CFDs trading. It is calculated as: Margin Level = (Equity / Necessary Margin) x 100%.

“Market Execution” shall mean any Order from the Client that will be executed at the current price in the market at the moment of Order processing.

“Market Order” shall mean an Order made by the Client for an immediate purchase or sale of a security at the price of the market. This can be described as an Order/instruction by the Client to the Company to fill an order immediately at the present price of that asset in the market.

“Maximum deviation” is a parameter set by the Client on the client’s terminal that determines the maximum deviation (in pips) between the execution price and the requested price when opening and closing a position.

“Necessary Margin” shall mean the necessary margin required by the Company so as to maintain Open Positions in CFD trading.

“Open Position” shall mean any position which has not been closed, a Long Position or a Short Position which is not a Completed Transaction.

“Order” shall mean an instruction from the Client to trade in Financial Instruments.

“Parties” shall mean the parties to this Agreement – the Company and the Client.

“Pending Order” shall mean an Order made by the Client for the selling or buying of a CFDs in the future at set conditions. This means a Client’s Order to open a position when the price of an asset reaches a certain level.

“Personal Area” shall mean the Client’s personal page on the Company’s Website.

“Politically Exposed Persons” shall mean:

1. An individual who is or has been, during the preceding three years, entrusted with a prominent public function in (i) Seychelles, (ii) any other country or (iii) an international body or organization. For the purpose of this paragraph, prominent public function includes heads of state, heads of government, ministers and other senior politicians, senior government or judicial officials, ambassadors and chargés d’affaires, persons appointed as honorary consuls, high-ranking officers in the armed forces, members of the Boards of Central Banks, members of the Boards of state-owned corporations, and influential political party officials.
2. An immediate family member of a person referred to in paragraph (A), which means a spouse, a partner, that is an individual considered by his or her national law as equivalent to a spouse; children and their spouses or partners; the parents; and the siblings.
3. Persons known to be close associates of such persons as set out under definition (A), which means: (a) any person who is known to have joint beneficial ownership of a legal person, partnership, trust or any other close business relations with that legal person, partnership or trust, and (b) any person who has sole beneficial ownership of a legal person, partnership or trust which is known to have been set up for the benefit of that legal person, partnership or trust.

“Price Gap” shall mean either of the following:

• A) The current Quote Bid is higher than the Ask of the previous Quote; or
• B) The current Quote Ask is lower than the Bid of the previous Quote

“Quote” shall mean the information of the current price for a specific Underlying Asset, in the form of the Bid and Ask prices.

“Quote CFDs” shall mean the second CFDs in the CFDs Pair which can be bought or sold by the Client for the Base CFDs.

“Quotes Base” shall mean Quotes Flow information stored on the Trading Server in CFDs trading.

“Quotes Flow” shall mean the stream of Quotes in the Trading Platform for each CFDs.

“Trading Server” shall mean the software server side of the Trading Platform, in addition to any platform trading facilitates including (but not limited to) web and mobile traders. The Trading Server is used to arrange for the execution of the Client’s Orders or instructions or requests, to provide trading information in real-time mode and historical information about trading activity of the Client (the content is defined by the Company), in consideration of the mutual liabilities between the Client and the Company.

“Services” shall mean the services provided by the Company to the Client as set out in paragraph 4 of PART A hereunder.

“Short Position” shall mean a sell position that appreciates in value if Underlying Market prices fall in CFDs trading. For example, in respect of CFDs Pairs: selling the Base CFDs against the Quote CFDs. Short Position is the opposite of a Long Position.

“Slippage” shall mean the difference between the requested price of a Transaction in a CFDs, and the executed price of the said Transaction. Slippage often occurs during periods of higher price volatility (for example due to news events), making an Order at a specific price impossible to execute, when Market Orders and Pending Orders are used, and also when large Orders are executed when there may not be enough interest at the desired price level to maintain the expected price of trade; Slippage usually occurs in Market Execution and may occur in Instant Execution when maximum deviation is set.

“Social Trading” shall mean the service provided by the Company via its Website and/or mobile application giving the Client the ability either to become an Investor and start copying strategies of Strategy Providers or become a Strategy Provider and create investment strategy/ies (Strategy/ies) and attract Investors to follow such Strategy/ies.

“Social Trading Period” shall mean:

• The period commencing at the creation of a Strategy and ending at the last Friday of the same calendar month at 23:59:59 UTC+0 or

• Each subsequent period which succeeds the last Friday of each calendar month at 23:59:59 UTC+0

“Spread” shall mean the difference between Ask and Bid.

“Strategy” shall mean the account opened by a Strategy Provider to carry out a series of transactions for the purpose of Social Trading and which is available for Investors to copy and invest.

“Strategy Provider” shall mean the Client who is using the Social Trading service by creating his/her Strategy in accordance and by complying with the Company’s Strategy opening procedures.

“Swap or Rollover” shall mean the interest added or deducted for holding a position open overnight in CFDs trading.

“Trading Commission” shall mean a fee charged for providing the Service.

“Trading Platform” shall mean the Company’s online trading system which includes the aggregate of its computer devices, software, databases, telecommunication hardware, all programs and technical facilities providing real-time Quotes, making it possible for the Client to obtain information of markets in real time, make technical analysis on the markets, enter into Transactions, place and delete Orders, receive notices from the Company and keep record of Transactions and calculating all mutual obligations between the Client and the Company. The Trading Platform consists of the Trading Server and the Client Terminal.

“Trailing Stop” shall mean a tool in MetaQuotes Terminals MT5. Trailing Stop is always attached to an Open Position and could be set and works in Client Terminal. Only one Trailing Stop can be set for each Open Position. After the Trailing Stop has been set, at incoming of new Quotes, the Client Terminal checks whether the Open Position is profitable. As soon as profit in pips becomes equal to or higher than the specified level, command to place the Stop Loss Order will be given automatically. The Order level is set at the specified distance from the current price. If price changes in the more profitable direction, Trailing Stop will make the Stop Loss level follow the price automatically, but if profitability of the position falls, the order will not be modified anymore. After each automatic Stop Loss order modification, a record will be made in the Client Terminal journal.

“Transaction” shall mean any CFDs Order that has been executed on behalf of the Client under this Agreement.

“Transaction Size” shall mean Lot Size multiplied by the number of Lots in CFDs trading.

“Underlying Asset” shall mean the underlying asset in a CFDs which may be CFDs Pairs, Metals, Futures, Commodities or any other asset according to the Company’s discretion from time to time.

“Underlying Market” shall mean the relevant market where the Underlying Asset of a CFDs is traded.

“Website” shall mean the Company’s website at www.iux.com or such other website as the Company may maintain from time to time.

“Written Notice” shall mean any notice or communication given via the Trading Platform internal mail, email, facsimile transmission, post, commercial courier service, air mail, and the Company’s Website, as well through the Client’s Personal Area.

2.1 In the Agreement, words importing the singular shall import the plural and vice versa, words importing the masculine shall import the feminine and vice versa and words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and vice versa.

2.2 Paragraph headings in the Agreement are for ease of reference only.

2.3 Any reference in the Agreement to any act and/or regulation and/or law shall be that act or regulation or law as amended, modified, supplemented, consolidated or re-enacted from time to time, all guidance noted, directives statutory instruments or orders made pursuant to such and any statutory provision of which that statutory provision is a re-enactment or modification.

2.4 Reference to a Clause, paragraph, Exhibit, or any document is to a Clause, paragraph, Exhibit, or any document of or to this Agreement, unless the context requires otherwise.

2.5 Unless the context otherwise requires, the words including and include, and words of similar effect shall not be deemed to limit the general effect of the words which precede them.

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3. Client Acceptance and Due Diligence

3.1 It is understood that the Company may not accept the Client as its client, and hence refuse to open a Client Account for him and/or refuse to accept any money from him and/or refuse allow the Client to initiate trading activities until the Client properly and fully fills in and submits the Account Opening Application Form together with all the required identification documentation and all internal Company checks (including without limitation anti-money laundering checks, appropriateness tests and identification procedures) have been fully satisfied. Furthermore, the Company retains the right during the business relationship with the Client, to request at any time any other documentation and/or information from the Client that the Company considers necessary as part of the Company’s ongoing monitoring of the Client’s activity. It is further understood that the Company reserves the right to impose additional due diligence requirements to accept Clients residing in certain countries.

3.2 The Client has the option, provided that the Client has accepted the documents found on the Company’s website which set out the terms upon which the Company will offer Services, to deposit any amount and in any currency as defined and accepted by the Company from time to time and start trading. The Company reserves the right to define at its absolute discretion and at any time the minimum and maximum amount of deposit(s) as well as the time period in which the Client must fully satisfy the Company’s required identification documentation requirements and any other relevant ad-hoc requests. In this respect, the Client shall be notified with a Written Notice. In the event that the Client does not fully satisfy the Company’s required identification documentation requirements within the time period set by the Company, the Company reserves the right to return any funds deposited back to their origin and impose restrictions in the operation of the Client Accounts, including but not limited to restrictions to additional deposits and/or immediately terminate the business relationship with the Client and close the Client Account and/or to proceed to any other action deemed necessary.

3.3 This Agreement is made under the conditions of the Company’s service. The Company is required to adhere to the following conditions as specified hereunder.

1. In the event that the Client is at full age under the laws applicable in their country of residence, the Client has the right to allow the Company to perform transactions with the Client’s trading account.
2. Transactions with the Client’s trading account will be subject to the terms of this Agreement.
3. In the event that there is a change or correction of personal information or expired identity documents, the Client reserves his/her right to request for rectification of any inaccurate or incorrect personal information. The Client may update or correct their personal data in order to keep them correct and concurrent to the present. In the event where the Client wishes to exercise such rights, the Client must notify the Company within three (3) business days for the said change or expiration. Notices must be sent by email with contents consisting first and last names of the Client, account numbers, phone numbers and passport or annual leave each with a valid proof of the Client and the present residence. The notices must be sent to [email protected] with the scanned files attached and have to be sent from the same email that the client used during their account registration. The Company has the right to request other documents to verify the Client’s identity and comply with the regulations relevant to its Client. Delay or failure to comply with this paragraph will be a violation of this Agreement by the Client and may lead to Client’s account closure.

3.4 Clients are required to agree to receive notifications about news, updates, and promotional advertisements in relation to our platform through email. Such notifications include news about new features, services, and any update which may affect the Client’s utilization of our platform. For example, the Clients will be notified when their positions are at risk of losing.

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4. Services

4.1 Subject to the Client’s obligations under the Agreement being fulfilled, the Company may, at its discretion offer the following Services to the Client:

• A. Receive and transmit Orders of the Client in CFDs.
• B. Execute Client Orders in CFDs.
• C. Provide safekeeping and administration of financial instruments for the account of Client (as and if applicable), including custodianship and related services such as cash/collateral management.
• D. Provide foreign currency services provided they are associated with the provision of the reception and transmission service of paragraph 4.1 (A) and (B) of this Agreement.
• E. In addition, at certain times IUX acts as a counterparty to all trade orders served. It provides liquidity services and matches internal orders manually. They earn most of their profits from spreads and commissions charged on trading orders.

4.2. It is understood that training/educational material, market commentary, news, or other information provided or made available by the Company are subject to change and may be withdrawn at any time without notice. 

4.3 Client agrees and accepts the conditions as specified in this Agreement that if the Client wants to trade or invest through the Company’s platform, he/she will adhere to the terms of this Agreement.

4.4 The Company’s services consist of the Metatrader 5 software packages, the analysis of technical averages and third party services offered with the Company’s services.

4.5 Client acknowledges and agrees that the Company can continue to modify or add the full title of companies involved in this Agreement without prior notice. The Company reserves its right to change or modify the terms at its own discretion and at any time. 

4.6 The Company shall send the Client’s orders to the market but cannot manage or issue opinions on behalf of the Client.

4.7 The Company reserves the right to cancel or close the client’s order in the event that the Company considers that the order is abnormal and may cause danger to the Client and/or the Company.

4.8 The Company shall comply with all applicable tax regulations. Both the company and clients are individually responsible for adhering to the tax laws of their countries (see paragraph 6 in this Agreement).

4.9 The company reserves the right to suspend clients’ money withdrawal from the account in the event that the company detects inappropriate or fraudulent actions. The Company may, at its sole discretion, freeze the account and initiate a thorough investigation prior to permitting any further transactions. The Company shall not be liable or have any responsibility for any type of loss or damage arising out of Client negligence or failure to comply with this paragraph.

4.10 The gain or loss will be calculated once the orders of the Client have been closed down by instruction of the Client.

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5. Advice and Provision of Information

5.1 The Company will not advise the Client about the merits of a particular Transaction or give him any form of investment advice and the Client acknowledges that the Services do not include the provision of investment advice in CFDs or the Underlying Markets. The Client alone will enter into Transactions and take relevant decisions based on his own judgment. In asking the Company to enter into any Transaction, the Client represents that he has been solely responsible for making his own independent appraisal and investigation into the risks of the Transaction. He represents that he has sufficient knowledge, market sophistication, professional advice and experience to make his own evaluation of the merits and risks of any Transaction. The Company gives no warranty as to the suitability of the products traded under this Agreement and assumes no fiduciary duty in its relations with the client.

5.2 The Company will not be under any duty to provide the Client with any legal, tax or other advice relating to any Transaction. The Client should seek independent expert advice if he is in any doubt as to whether he may incur any tax liabilities. The Client is hereby warned that tax laws are subject to change from time to time.

5.3 The Company may, from time to time and at its discretion, provide the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or the Trading Platform or otherwise) with information, training/educational material, news, market commentary or other information but not as a Service.

Where it does so:

• A. The Company will not be responsible for such information;
• B. The Company gives no representation, warranty or guarantee as to the accuracy, correctness or completeness of such information or as to the tax or legal consequences of any related Order and/or Transaction;
• C. This information is provided solely for informational purposes, in order to enable the Client to make his own investment decisions and does not amount to investment advice or unsolicited financial promotions to the Client;
• D. If the document contains a restriction on the person or category of persons for whom that document is intended or to whom it is distributed, the Client agrees that he will not pass it on to any such person or category of persons;
• E. The Client accepts that prior to dispatch, the Company may have acted upon it itself to make use of the information on which it is based. The company does not make representations as to the time of receipt by the Client and cannot guarantee that he will receive such information at the same time as other clients.

5.4 It is understood that training/educational material, market commentary, news, or other information provided or made available by the Company are subject to change and may be withdrawn at any time without notice.

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6. Costs and Taxes

6.1 The provision of Services and the performing of trading operations under the Agreement is subject to the payment of charges to the Company. The Company may charge trading commission upon Client’s trading operation. The commission rate shall be calculated as a percentage of the value of the opening or closing Transaction (as applicable) or as an amount per equivalent Instrument or Instruments on the Underlying Market or on any other basis agreed between us in writing. Commission and/or any cost related to trading operations under the Agreement (hereinafter the “Cost”), may be charged at the opening and/or during the lifetime and/or upon the closing of such trading operations.

6.2 The commission rate will vary depending on the Client’s Account type and/or trading instrument. Our commission terms will be notified in writing to its Client, however, in the event that the Company does not notify its Client of the commission terms, the Company will charge the standard commission rate as published on the Company’s official website.

6.3 When placing Orders in CFDs, the related Costs may appear relative to the value of the CFD, therefore the Client has the responsibility to understand how Costs are calculated in this case.

6.4 The Company may vary its Costs from time to time. The Company will send a Written Notice to the Client informing of any changes before they come into effect and the latter shall be free to dissolve the agreement immediately. In the event that such change is based on a change in interest rates or tax treatment or where there is a valid reason, the Company shall have the right to amend it without prior notice to the Client provided that the Company shall inform the Client at the earliest opportunity and that the latter is free to dissolve the agreement immediately.

6.5 When providing a Service to a Client, the Company may pay or receive fees, commissions or other monetary or non-monetary benefits to, or from third parties as far as permissible under Applicable Regulations. The Company will provide information on such benefits to the Client if required under Applicable Regulations.

6.6 The Company will not act as tax agent for the Client. The Client shall be solely responsible for all filings, tax returns and reports on any Transactions which should be made to any relevant authority, whether governmental or otherwise, and for payment of all taxes (including but not limited to any transfer or value added taxes), arising out of or in connection with any Transaction.

6.7 The Client undertakes to pay all stamp expenses relating to this Agreement and any documentation which may be required for the carrying out of the transactions under this Agreement.

6.8 The Company may charge the Client for carrying out operations to pay in/withdraw funds. The amount of charge for paying in/ withdrawal of funds depends on factors including, but not limited to, the transaction sum, the type of transaction, the transaction currency, the system of payment.

6.9 The Company offers floating trading spreads, which may vary with market fluctuations. The trading spreads, swap rates, and any other applicable costs for performing trading operations are displayed on the Company’s official website in the Currencies section and on the trading platform.

6.10 The Company is entitled, in relation to Interbank Accounts:

1. To adjust the best available prices in the market by the amount of its own commission;
2. To show the amount of commission on the order being placed in a separate field in the client terminal.

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7. Communications and Written Notices

7.1 Unless the contrary is specifically provided in this Agreement, any notice, instruction, request or other communication to be given to the Company by the Client under the Agreement shall be in writing and shall be sent to the Company’s address below (or to any other address which the Company may from time to time specify to the Client for this purpose) by email, facsimile, post if posted in St.Vincent, or airmail if posted outside St.Vincent, or commercial courier service and shall be deemed delivered only when actually received by the Company at:

IUX Markets Limited
Physical Address: Office A, Foti Kolakidi 16, 1st Floor, Agia Zoni, 3031, Limassol, Cyprus

Email: [email protected].

7.2 In order to communicate with the Client, the Company may use any of the following methods:

• Trading Platform internal mail and/or Client Terminal;
• Email;
• Telephone;
• Video Calls;
• Post;
• Commercial courier service;
• Air mail;
• The Company’s Website;
• Personal Area;
• Telegram;
• Facebook.

7.3 Any communications sent to the Client (documents, notices, confirmations, statements, etc.) are deemed received:

• If sent by Trading Platform internal mail and/or through Client Terminal, immediately after sending it;
• If sent by email, within one hour after emailing it;
• If sent by telephone, once the telephone conversation has been finished;
• If sent by video calls, once the video calls conversation has been finished;
• If sent by post, seven (7) calendar days after posting it;
• If sent via commercial courier service, at the date of signing of the document on receipt of such notice;
• If sent by air mail, five (5) Business Days after the date of their dispatch;
• If posted on the Company Webpage, within one hour after it has been posted;
• If posted on the Personal Area, immediately once posted.
• If sent by Telegram. within one hour after it has been sent;
• If sent by Facebook, within one hour after it has been sent.

7.4 In order to communicate with the Client the Company will use the contact details provided by the Client whilst opening the Client Account or as updated later on. Hence, the Client has an obligation to notify the Company immediately of any change in the Client’s contact details.
7.5 Faxed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute conclusive evidence of such faxed instructions.

7.6 Telephone conversations between the Client and the Company may be recorded and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of the Orders/instructions/requests or conversations so recorded.
7.7 The Client accepts that the Company may, for the purpose of administering the terms of the Agreement, from time to time, make direct contact with the Client using any of the methods mentioned in paragraph 7.2 of PART A of this document.

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8. The Key Risks of Using Our Services

8.1 The risk of using our Services is that the Client could lose all their money which you have deposited into their account and, where you are trading on margin, more than this. Therefore, the Client should not trade or invest money that you cannot afford to lose. It is important that the Client fully understand the risks involved before deciding to trade with us in light of your financial resources, level of experience, and risk appetite. If required, the Client should seek advice from an independent financial advisor. 

8.2 The actual returns and losses experienced by the Client will vary depending on many factors, including, but not limited to, market behavior, market movement, whether you are trading on leverage, and your trade size.

8.3 The value of your investments may go up or down.

8.4 Past performance is not a guide to future performance.

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9. Confidentiality, Personal Data, Records

9.1 The Company may collect client information directly from the Client (in his completed Account Opening Application Form or otherwise) or from other persons including but not limited to credit reference agencies, fraud prevention agencies, third authentication service providers, other financial institutions and any other providers of registers.

9.2 Client information which the Company holds is to be treated by the Company as confidential and will not be used for any purpose other than in connection with the provision, administration and improvement of the Services, for research and statistical purposes and for marketing purposes and as provided in the paragraph 20.1 under PART A of this document.

9.3 Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.

9.4 The Client agrees that the Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details, personal details) in the following circumstances as and to the extent required:

• A. Where required by law or a competent court;
• B. Where requested by a bank, payment service provider, regulatory/supervisory or other authority having control or jurisdiction over the Company or the Client or their associates or in whose territory the Company has Clients;
• C. To relevant authorities to investigate suspicion of, or prevent fraud, money laundering or other illegal activity;
• D. To execution venues or any third party as necessary to carry out Client Instructions or Orders and for purposes ancillary to the provision of the Services;
• E. To credit reference and fraud prevention agencies, third authentication service providers and other financial institutions/brokers for credit checking, fraud prevention, anti-money laundering purposes, identification or due diligence checks of the Client. To do so, these agencies/parties may check the details the Client supplied against any particulars on any database (public or otherwise) to which they have access. They may also use Client details in the future to assist other companies for verification purposes. A record of the search will be retained by the Company;
• F. To the Company’s professional advisors, provided that in each case the relevant professional shall be informed about the confidential nature of such information and commit to the confidentiality herein obligations as well;
• G. Only to the extent required, to other service providers who create, maintain or process databases (whether electronic or not), offer record keeping services, email transmission services, messaging services or similar services which aim to assist the Company collect, storage, process and use Client information or get in touch with the Client or improve the provision of the Services under this Agreement;
• H. Only to the extent required, to other service providers for statistical purposes in order to improve the Company’s marketing, in such a in case the data will be provided in an aggregate form;
• I. To market research call centers that provide telephone or email surveys with the purpose to improve the services of the Company;
• J. Where necessary in order for the Company to defend or exercise its legal rights;
• K. At the Client’s request or with the Client’s consent;
• L. To an Affiliate of the Company;
• M. To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, for the purposes of paragraph 20.2 under PART A of this document.

9.5 Recordings

Customer acknowledges and agrees that any and all conversations between Customer and IUX principals, agents, employees or associates, including IUX Trading Desk and customer service and operations desks may, at the option and in the sole discretion of IUX, be recorded­ electronically with or without the use of an automatic tone warning device. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either party in connection with any dispute or proceeding (including any proceedings held by The Financial Commission) that may arise involving Customer or IUX.

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10. Amendments

10.1 The Company may upgrade the Personal Area and/or the Client Account and/or the Trading Platform or enhance the services offered to the Client if it reasonably considers this is to the Client’s advantage and there is no increased cost to the Client as a result of the change.

10.2 Unless provided differently elsewhere in the present document, the Company has the right to amend the terms of the Client Agreement at any time giving to the Client at least five (5) Business Days Written Notice prior to such changes. Any such amendments will become effective on the date specified in the notice. The Client acknowledges that a variation which is made to reflect a change of law or regulation may, if necessary, take effect immediately and without notice.

10.3 Unless provided differently, the Company may change any document which is part of the Agreement, except the present document, without prior notice to the Client.

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11. Termination

11.1 Each Party may terminate this Agreement by giving at least five (5) Business Days Written Notice to the other Party.

11.2 The Company may terminate this Agreement with immediate effect and without prior notice for any good reason such as in an Event of Default of the Client as defined in paragraph 12.1 of PART A of this document.

11.3 Termination by any Party will not affect any obligation which has already been incurred by either Party in respect of any Open Position or any legal rights or obligations which may already have arisen under the Agreement or any Transactions and deposit/withdrawal operations made thereunder.

11.4 Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (without limitation):

• A. All outstanding Costs and any other amounts payable to the Company;
• B. Any dealing expenses incurred by terminating the Agreement and charges incurred for transferring the Client’s investments to another investment firm;
• C. Any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by the Company on the Client’s behalf;
• D. Any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement;
• E. Any damages which arose during the arrangement or settlement of pending obligations.

11.5 Once notice of termination of this Agreement is sent or upon termination the following shall apply:

• A. The Client will have an obligation to close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions at current Quotes;
• B. The Company will be entitled to cease to grant the Client access to the Trading Platform or may limit the functionalities the Client is allowed to use on the Trading Platform;
• C. The Company will be entitled to refuse to open new positions for the Client;
• D. The Company will be entitled to refuse to the Client to withdraw money from the Client Account and the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.

11.6 Upon Termination any or all the following may apply:

• A. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set off those Balances with obligations of the Client towards the Company;
• B. The Company has the right to close the Client Account(s);
• C. The Company has the right to convert any currency;
• D. The Company has the right to close out the Client’s Open Positions at current Quotes;
• E. In absence of illegal activity or suspected illegal activity of the Client or instructions from the relevant authorities, if there is Balance in the Client’s flavor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities of the Client towards the Company) pay such Balance to the Client as soon as reasonably practicable and supply him with a statement showing how that Balance was arrived at and, where appropriate, instruct any nominee or/and any custodian to also pay any applicable amounts. Such funds shall be delivered in accordance to the Client’s instructions to the Client. It is understood that the Company will effect payments only to an account in the name of the Client. The Company has the right to refuse, at its discretion, to effect third party payments.

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12. Default

12.1 Each of the following constitutes an “Event of Default”:

• A. The failure of the Client to provide any Initial Margin and/or Hedged Margin, or other amount due under the Agreement;
• B. The failure of the Client to perform any obligation as specified by this Agreement or due to the Company, including but not limited to, the obligation of the Client to submit any identification documentation and/or any other information required by the Company;
• C. If an application is made in respect of the Client pursuant to the Saint Vincent and the Grenadines’ bankruptcy laws or any equivalent act in another Jurisdiction (if the Client is an individual), if a partnership, in respect of one or more of the partners, or if a company, a receiver, trustee, administrative receiver or similar officer is appointed, or if the Client makes an arrangement or composition with the Client’s creditors or any procedure which is similar or analogous to any of the above is commenced in respect of the Client;
• D. The Client is unable to pay the Client’s debts when they fall due;
• E. The Client (if the Client is an individual) dies or is declared absent or becomes of unsound mind;
• F. Where any representation or warranty made by the Client in paragraph 15 of PART A of this document is, or becomes untrue;
• G. Any other circumstance where the Company reasonably believes that it is necessary or desirable to take any action set out in paragraph 12.2 of PART A of this document;
• H. An action set out in paragraph 12.2 of PART A of this document is required by a competent regulatory authority or body or court;
• I. The Client involves the Company in any type of fraud or illegality or may be at risk of involving the Company in any type of fraud or illegality, such risk determined in good faith by the Company;
• J. In cases of material violation by the Client of the requirements established by legislation of Saint Vincent and the Grenadines or other countries, such materiality determined in good faith by the Company;
• K. If the Company suspects that the Client is engaged into money laundering activities and/or terrorist financing and/or in any other criminal activities or for any other cases where the Client may involve the Company in any type of fraud or illegality and/or in any activity considered suspicious by the Company.

12.2 If an Event of Default occurs the Company may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:

• A. Temporarily block the Client Account and/or accounts of another Client which the Company considers to be involved in suspicious activity until the Company can determine if an Event of Default has occurred. In case of investigation of Events of Default the Company may request the Client to provide various documents and the Client is under an obligation to provide such;
• B. The Company has the right to combine any Client Accounts of the Client, to consolidate the Balances in such Client Accounts and to set-off those Balances with obligations of the Client towards the Company;
• C. The Company has the right to close the Client Account(s);
• D. The Company has the right to convert any currency;
• E. The Company has the right to close out the Client’s Open Positions at current Quotes;
• F. Terminate this Agreement without notice to the Client

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13. Force Majeure

13.1 A Force Majeure Event includes without limitation each of the following:

• A. Government actions, the outbreak of war or hostilities, the threat of war, acts of terrorism, national emergency, riot, civil disturbance, sabotage, requisition, or any other international calamity, economic or political crisis that, in the Company’s opinion, prevents it from maintaining an orderly market in one or more of the Financial Instruments in respect of which it deals on the Trading Platform;
• B. Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster making it impossible for the Company to offer its Services;
• C. Labour disputes and lock-out which affect the operations of the Company;
• D. Suspension of trading on an Underlying Market, or the fixing of minimum or maximum prices for trading on a Market, a regulatory ban on the activities of any party (unless the Company has caused that ban), decisions of state authorities, governing bodies of self-regulating organizations, decisions of governing bodies of organized trading platforms;
• E. A financial services moratorium having been declared by appropriate regulatory authorities or any other acts or regulations of any regulatory, governmental, or supranational body or authority;
• F. Breakdown, failure or malfunction of any electronic, network and communication lines (not due to the bad faith or willful default of the company) and DDoS-attacks;
• G. Any event, act or circumstances not reasonably within the Company’s control and the effect of that event(s) is such that the Company is not in a position to take any reasonable action to cure the default;
• H. The suspension, liquidation or closure of any market or the abandonment or failure of any event to which the Company relates its Quotes, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event.
• I. The occurrence of an excessive movement in the level of any transaction and/or Underlying Asset or Underlying Market or the Company’s anticipation (acting reasonably) of the occurrence of such a movement;
• J. The failure of any relevant supplier, financial institution intermediate broker, liquidity provider, agent or principal of the Company, custodian, sub-custodian, dealer, exchange, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations.
• K. In the event that Clients profit from system errors that may or may not be caused by the Company, and the Company is able to check. profits or trades will be considered invalid due to force majeure. Clients may immediately terminate their relationship with us if they are dissatisfied.

13.2 If the Company determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other rights under the Agreement) the Company may without prior notice and at any time take any or a combination or all of the following steps:

• A. Increase Margin requirements without notice;
• B. Close out any or all Open Positions at such prices as the Company considers in good faith to be appropriate;
• C. Refuse to accept Orders from Clients;
• D. Suspend or modify the application of any or all terms of the Agreement to the extent that the Force Majeure Event makes it impossible or impractical for the Company to comply with them;
• E. Increase Spreads;
• F. Decrease Leverage;
• G. Shut down the Trading Platform(s) in case of malfunction for maintenance or to avoid damage;
• H. Inactivate the Client Account;.
• I. Cancel any pending positions;
• J. Reject any deposit requests;
• K. Take or omit to take all such other actions as the Company deems to be reasonably appropriate in the circumstances with regard to the position of the Company, the Client and other clients.

13.3 Except as expressly provided in this Agreement, the Company will not be liable or have any responsibility for any type of loss or damage arising out of any failure, interruption, or delay in performing its obligations under this Agreement where such failure, interruption or delay is due to a Force Majeure event.

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14. Limitations of Liability and Indemnity

14.1 In the event the Company provides information, recommendations, news, information relating to transactions, market commentary or research to the Client (or in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise), the Company shall not, in the absence of its fraud or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any such information given. Subject to the right of the Company to void or close any Transaction in the specific circumstances set out in the Agreement, any Transaction following such inaccuracy or mistake shall nonetheless remain valid and binding in all respects on both the Company and the Client.

14.2 The Company will not be held liable for, any loss or damage or expense or loss incurred by the Client in relation to, or directly or indirectly, arising from but not limited to:

• A. Any error or failure in the operation of the Trading Platform;
• B. Errors in the settings of Client Terminal, out-of-sequence Client Terminal update, any delay caused by the Client Terminal, the Client not following the instructions on the Client Terminal;
• C. Any hardware, software, connection bugs from the Client’s side;
• D. All Orders placed under the Client’s Access Data;
• E. Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event;
• F. The acts, omissions or negligence of any third party;
• G. The solvency, acts or omissions of any third party referred to in paragraph 1.6 of PART B of this document;
• H. If a situation of paragraph 1.7 of PART B of this document arises;
• I. Any person obtaining the Client’s Access Data that the Company has issued to the Client prior to the Client’s reporting to the Company of the misuse of his Access Data;
• J. Unauthorized third persons having access to information, including electronic addresses, electronic communication, personal data and Access Data when the above are transmitted between the Parties or any other party, using the internet or other network communication facilities, post, telephone, or any other electronic means;
• K. Any actions or representations of the Introducer;
• L. Currency risk materialising;
• M. Occurrence of Slippage;
• N. Any of the risks and warnings of the document “Risks Disclosure and Warnings Notice,” found on the Company’s website, materializes;
• O. Any changes in the rates of tax;
• P. The Client using Trailing Stop and/or Expert Advisor.
• Q. The Client’s reliance on Stop Loss Orders;
• R. The actions, Orders, instructions, Transactions entered into by the Client under this Agreement.

14.3 If the Company incurs any claims, damage, liability, costs or expenses, which may arise as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to any Order it is understood that the Company bears no responsibility whatsoever and it is the Client’s responsibility to indemnify the Company for such.

14.4 The Company nor its directors, officers, employees and agents shall in no circumstances be liable to the Client for any consequential, special or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer resulting from any act or omission made under or in relation to the Agreement.

14.5 If any action or proceeding is brought by or against the Company, against or by a third party, in relation to any transaction with or for the Client, Client shall cooperate with the Company to the fullest extent possible in the prosecution or defense of such action or proceeding. Except to the extent that the same results from gross negligence, wilful default or fraud, Client shall reimburse the Company and hold the Company harmless together with our Group Companies and our directors, officers, employees or agents, on a full indemnity basis from and against all actions, claims, liabilities, losses, damages and expenses of any nature arising from the Company dealing with the Client pursuant to this Agreement.

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15. Representations and Warranties

15.1 The Client represents and warrants to the Company the following:

• A. The information provided by the Client to the Company in the Account Opening Application Form and at any time thereafter is true, accurate and complete and the documents handed over by the Client are valid and authentic and shall inform the Company of any changes;
• B. The Client acknowledges and certifies that he/she has a right to enter into this Agreement in order to comply with the terms and conditions specified in this document and shall not be restricted or prohibited to enter into a contract or anything else to enter in order to or perform under this Agreement. The execution and the operating Company in accordance with this Agreement will not infringe or violate any other Agreement between the Company and the other parties any more;
• C. The Client has read and fully understood and undertakes to comply with the terms of this Agreement and the various documents found on the Company’s official website;
• D. The Client is duly authorized to enter into the Agreement, to give Orders, instructions and Requests and to perform its obligations thereunder;
• E. The Client is acting as a principal and not as agent or representative or trustee or custodian on behalf of someone else. The Client may act on behalf of someone else only if the Company specifically consents to this in writing and provided that all the documents required by the Company for this purpose are received;
• F. The Client is the individual who has completed the Account Opening Application Form or, if the Client is a company, the person who has completed Account Opening Application Form on the Client’s behalf is duly authorized to do so;
• G. The Client expressly understands and agrees that the Company will monitor the activities of its Client and ensure the consistency of behavior and activities of the Client on the platform of the company;
• H. All actions performed under the Agreement will not violate any law or rule applicable to the Client or to the jurisdiction in which the Client is resident, or any agreement by which the Client is bound or by which any of the Client’s assets or funds are affected;
• I. The Client has declared in the Account Opening Application Form, if he is a Politically Exposed Person and will notify the Company if at any stage during the course of this Agreement he becomes a Politically Exposed Person;
• J. The Client funds are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing;
• K. The Client funds are free of any lien, charge, pledge or other encumbrance;
• L. The Client has chosen the particular type of Service and Financial Instrument, taking his total financial circumstances into consideration which he considers reasonable under such circumstances;
• M.There are no restrictions on the markets or financial instruments in which any Transactions will be sent for execution, arising from the Client’s nationality or religion;
• N.The Client will take into account any information in the Company’s advertising materials only in combination with the complete description of the advertised services or promotion published on the Company’s website;
• O. The Client is over 18 years old.

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16. Client Acknowledgements of Risk and Consents

16.1 The Client unreservedly acknowledges and accepts the following:

• A. Trading in CFDs is not suitable for all members of the public and the Client runs a great risk of incurring losses and damages as a result of trading in CFDs and accepts and declares that he is willing to undertake this risk. The damages may include loss of all his money and also any additional commissions and other expenses to keep his positions open.
• B. CFDs carry a high degree of risk. The gearing or leverage often obtainable in CFDs means that a small deposit or down payment can lead to large losses as well as gains. It also means that a relatively small movement can lead to a proportionately larger movement in the value of the Client’s investment and this can work against him as well as for him.
• C. CFDs Transactions have a contingent liability, and the Client should be aware of the implications of this in particular the margin requirements.
• D. Trading on an electronic Trading Platform carries risks.
• E. The risks and warnings of the document “Risks Disclosure and Warnings Notice,” found on the Company’s website.

16.2 The risks and warnings of the document “Risks Disclosure and Warnings Notice,” found on the Company’s website.

• A. He will not be entitled to delivery of, or be required to deliver, the Underlying Asset of the CFDs, nor ownership thereof or any other interest therein.
• B. He will not be entitled to delivery of, or be required to deliver, the Underlying Asset of the CFDs, nor ownership thereof or any other interest therein.
• C. When trading in CFDs the Client is trading on the outcome of the price of an Underlying Asset and that trading does not occur on a regulated Market but over-the-counter (OTC).

16.3 The Client consents to the provision of the information of the Agreement by means of a Website.

16.4 The Client confirms that he/she has regular access to the internet and consents to the Company providing him with information, including, without limitation, information about amendments to the terms and conditions, costs, fees, this Agreement, policies and information about the nature and risks of investments by posting such information on the Website.

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17. Applicable and Governing Law and Applicable Regulations

17.1 All disputes and controversies arising out of or in connection with the Agreement shall be finally settled in the courts of Saint Vincent and the Grenadines.

17.2 This Agreement is governed by the Laws of Saint Vincent and the Grenadines.

17.3 Notwithstanding any other provision of this Agreement, in providing Services to the Client the Company shall be entitled to take any action as it considers necessary in its absolute discretion to ensure compliance with the relevant market rules and or practices and all other applicable laws.

17.4 All transactions on behalf of the Client shall be subject to Applicable Regulations. The Company shall be entitled to take or omit to take any measures which it considers desirable in view of compliance with the Applicable Regulations in force at the time. Any such measures as may be taken and the Applicable Regulations in force shall be binding on the Client.

17.5 The Company is a member of the Financial Commission – (www.financialcommission.org). In the event that the Client and the Company are unable to resolve any dispute in accordance with the procedures referred to in Clause 17.5, the Client has the right to apply within forty-five (45) days from the date of the incident to resolve the dispute to the Financial Commission. Further information can be found on the website.

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18. Severability

18.1 Should any part of this Agreement be held by any court of competent jurisdiction to be unenforceable or illegal or contravene any rule, regulation or by law of any Underlying Market or regulator, that part will be deemed to have been excluded from this Agreement from the beginning, and this Agreement will be interpreted and enforced as though the provision had never been included and the legality or enforceability of the remaining provisions of the Agreement or the legality, validity or enforceability of this provision in accordance with the law and/or regulation of any other jurisdiction, shall not be affected.

Any disputes and misunderstanding between IUX and the Customer shall be settled by means of negotiations between the parties. In the event the parties fail to reach an agreement, they agree to resolve disputes through The Financial Commission (http://www.financialcommission.org) (“The Financial Commission”). The Customer may bring no action arising out of the Agreement, regardless of form, more than 45 days after the cause of such action.

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19. Non-Exercise of Rights

18.1 The Company’s failure to seek redress for violations, or to insist upon strict performance of any condition or provision of this Agreement, or its failure to exercise any or part of any right or remedy to which the Company is entitled to under this Agreement, shall not constitute an implied waiver thereof.

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20. Assignment

20.1 The Company may at any time sell, transfer, assign or novate to a third party any or all of its rights, benefits or obligations under this Agreement or the performance of the entire Agreement subject to providing at least five (5) Business Days prior Written Notice to the Client. This may be done, without limitation, in the event of merger or acquisition of the Company with a third party, reorganization of the Company, upcoming winding up of the Company, or sale or transfer of all or part of the business or the assets of the Company to a third party.

20.2 It is agreed and understood that in the event of transfer, assignment or novation described in paragraph 20.1 above, the Company shall have the right to disclose and/or transfer all Client information (including without limitation personal data, recording, correspondence, due diligence and client identification documents, files and records, the Client trading history) transfer the Client Account and the Client Money as required, subject to providing at least five (5) Business Days prior Written Notice to the Client.

20.3 The Client may not transfer, assign, charge, novate or otherwise transfer or purport to do so the Client’s rights or obligations under the Agreement without the prior written consent of the Company.

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21. Language

21.1 The Company’s official language is the English language and the Client should always read and refer to the main Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English, is for informational purposes only and does not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.

21.2 In the event of any discrepancy or contradiction between the English version of this Agreement and any version translated into another language, the English version shall prevail and be deemed as the correct and authoritative version.

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22. Introducer

22.1 In cases where the Client is introduced to the Company through a third person (“Introducer”), the Client acknowledges that the Company is not responsible or accountable for the conduct and/or representations of the Introducer and the Company is not bound by any separate agreements entered into between the Client and the Introducer.

22.2 The Client acknowledges and confirms that his agreement or relationship with the Introducer may result in additional costs, since the Company may be obliged to pay commission fees or charges to the Introducer.

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23. Identification

23.1 In order to prevent any unauthorized access to the Client Account, verification of the Client’s identity is made for the following non-trading operations:

• Change Personal Area password
• Change Security Type
• Restoring Personal Area password
• Changing Personal area agent
• Withdraw funds
• Change account password

23.2 The means of Client identification used by the Company (such as email, SMS) and the method of Client Identification is performed according to the “General Business Terms” found on the Company’s Website.

23.3 It is understood that the Company shall have the right to suspend execution of the non-trading operations if the Client’s identification data are invalid or incorrect until the Client sends the correct identification data.

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24. Currency Conversions

24.1 The Company is entitled, without prior notice to the Client, to effect any currency conversions which it deems necessary or desirable in order to make a deposit into the Client Account in the Currency of the Client Account (in the event that the Client deposits money in a different currency of that of the Currency of the Client Account) or comply with its obligations or exercise its rights under this Agreement or complete any specific Transaction or Order. Any such conversion shall be made by the Company at reasonable exchange rates as the Company shall select, having regards to the prevailing market rates. The Company shall be entitled to charge to the Client and obtain from the Client Account, or from the deposited amount, the expenses incurred with regard to currency conversions for the Client, including but not limited to commissions to banks, money transfer fees, commissions to intermediaries, etc.

24.2 The Client will bear all foreign currency exchange risk arising from any Transaction or from the exercise by the Company of its rights under the Agreement or any law.

24.3 The Client acknowledges and agrees that the Client shall comply at all times with any Exchange Control Regulations and shall bear any and all risks associated with any Exchange Control Regulations including without limitation with any authorisations required for any cross-border transactions and/or from the breach of such Exchange Control Regulations and/or from any other restriction imposed by the Exchange Control Regulations. The Client hereby irrevocably releases the Company from any future or potential claims arising out of the Exchange Control Regulations.

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25. KYC (Know Your Customer) Policy

25.1 Applicants must be at least 18 years old and not older than 70 years old as of their birthdate (day/month/year). The company reserves the right to use its discretion in verifying cases where a family account is used for registration.

25.2 Applicants must use their names in English, and all characters must match the information on the identification document chosen for registration.

25.3 Applicants must use an identification card with a remaining validity of more than three months or a lifetime validity card from the date of application. This ensures the information on the identification card remains valid and will not expire during the service period.

25.4 Documents required for identity verification during the new service application process include the following:

• National Identification Card; 
• Driver’s License (for those with a valid driver’s license);
• Passport.

25.5 Documents as specified in paragraph 25.4 of the Part A of this Agreement will be used to verify the applicant’s identity during the review and approval process. However, the Company may propose different verification documents depending on the country. In  the event where the Company requires documentation other than the document as specified in the paragraph 25.4 of Part A of this Agreement, the Company shall post such documents on the Company’s official website.

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26 POB (Proof Of Bank)

26.1 The customer’s first and last name must match the name successfully verified during the identity verification process.

26.2 The documents submitted by the customer must be of high quality, clear, and fully legible.

26.3 Documents must be in pdf, jpg, jpeg, or png format only, and the file size must not exceed 8MB. The company accepts documents such as a bank book page or financial statement that display the customer’s name and account number. The information in the documents must match the details registered with us.

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27. Miscellaneous

27.1 All rights and remedies provided to the Company under the Agreement are cumulative and

are not exclusive of any rights or remedies provided in law or in equity.

27.2 In the event of the death or mental incapacity of the Client, the estate manager or inheritor(s) must notify the Company with Written Notice and request for funds withdrawal from the Personal Area by a communication method described in Part A paragraph 7.2. The Company shall request some documents from the estate manager or inheritor(s) accordingly. This notice is to manage all funds held by the Company or its nominee for the benefit of the account holder’s estate. The inheritor(s) will assume all obligations and liabilities owed to the Company.

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Part B: Client Money And Client Account

1. Client Money

1.1 Any money received by the Company in respect of your account with us shall be treated as Client Money (hereinafter the “Client Money”). Client Money shall be held in an account with an approved bank and shall be segregated from the Company’s funds. Your Client Money may be pooled with the funds of other clients in a general omnibus account. 

1.2 The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.  In this regard, the Client agrees to waive all right to interest.

1.3 Client hereby authorize the Company to make any deposits and withdrawals from your Account with us on your behalf, including, without limitation and prejudice to the generality of the above, withdrawals for the settlement of all Transactions undertaken and/or agreement entered into under this Agreement, as well as for the settlement of any and all amounts which are payable by you, or on your behalf, to us or any other person under and/or pursuant to the Agreement.

1.4 Unless you notify us beforehand and in writing, the Company may deposit Client Money with a third party (i.e. intermediate broker, a bank, a market, a settlement agent, a clearing house or OTC counterparty or a payment service provider) who may have a security interest, lien or right of set-off in relation to that money. Third party may hold and control all or part of your Client Money, where we transfer your Client Money: (a) for the purposes of a Transaction and/or agreement you have entered into, or are entering into with such third party; or (b) to meet your obligations to provide Collateral or Margin for a Transaction and/or Agreement.

1.5 Client Money may be held on the Client’s behalf with a third party, as indicated in paragraph 1.4 of Part B of the Agreement, located within or outside Saint Vincent and the Grenadines. The legal and regulatory regime applying to any such person outside Saint Vincent and the Grenadines will be different from that of Saint Vincent and the Grenadines and in the event of the insolvency or any other equivalent failure of that person, the Client Money may be treated differently from the treatment which would apply if the money was held in Saint Vincent and the Grenadines or by the Company directly. The Company will not be liable for the solvency, acts or omissions of any third party referred to in this paragraph.

1.6 The third party to whom the Company will pass money may hold it in an omnibus account and it may not be possible to separate it from other Client’s money, or the third party’s money. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company may only have an unsecured claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of the Client with claims in respect of the relevant account. The Company does not accept any liability or responsibility for any resulting losses.

1.7 The Company shall exercise all due skill, care and diligence when selecting which third party banks and/or brokers to use. The Company shall periodically (at least annually) review the adequacy and appropriateness of any banks and brokers where Client money is or may be deposited and of the arrangements for holding Client money. The Company shall not be responsible for any acts, omissions or default (including the insolvency, administration, bankruptcy or similar event) of the third-party banks or brokers for any resulting shortfall or loss in the return of Client money.

1.8 It is understood that profit or loss from trading is credited or debited in the Client Account once the Transaction is closed.

1.9 The Company uses only its own funds for hedging and does not pass Client Money to hedging counterparties or to any part of the business as working capital. The Company shall not initiate speculative positions in the market.

1.10 The Company may transfer any money it holds for Client as Client Money (after deduction of any amounts permitted by the terms of this Agreement) to another legal entity (including any of our Group Companies) where the Company transfer all or part of our business to that entity and your Client Money relates to the business transferred. Where the Company transfers your Client Money to another legal entity, the Company shall ensure that such Client money will be held by that entity for its Client in accordance with this Agreement.

1.11 In the event that the account Client holds with Company is a joint account, the Company shall exercise all due care and diligence to ensure that all withdrawals are paid back to its source and to the particular party that initiated the actual deposit. In case of profit payments and/or withdrawals, the Company  may initiate payments to any party to the joint account provided that it has received appropriate approval from the second party and it is satisfied pursuant to its due diligence verification and checks.

1.12 The Client consent to the Company to release any Client Money balances, for or on the Client’s behalf, from Client Money bank accounts and for the Company to cease to treat as Client Money any unclaimed Client Money balance where:

• it is permitted by law and consistent with the arrangements under which Client Money is held;
• we have determined that there has been no movement on your balance for a period of six years (notwithstanding any payments or receipts of charges, interest or similar items);
• we have taken reasonable steps to trace you and to return the balance to you; and
• we make and retain records of all balances released from our Client money bank accounts in respect of your Client Money.

1.13 Unless agreed upon otherwise, any amount payable by the Company to the Client, shall be paid directly to Client and not to any other person, except in those instances where this has been agreed upon by mutual consent of the Parties.

1.14 Without prejudice to any other provisions of this Agreement, the Company may, at its sole discretion, from time to time and without your prior authorisation, set-off any amounts held on client’s behalf against the Client’s obligations to the Company and/or merge any of the client’s accounts with the Company.

1.15 Clients are entitled to withdraw the funds from his/her account which are not used for Margin covering, without closing his/her account.

1.16 The Company follows a “no negative balance” policy. The Company undertakes that the Client cannot lose his/her capital more than the amount Client invested.

1.17 Where Client’s account is inactive for a period of five (5) years with a positive balance and during that period no transactions have been carried out in relation to the account or on the instructions of the holder of the account and the Company unable to contact the Client after we take reasonable efforts to achieve this, the Company reserve the right to cease treating those funds as Client Money and make a deduction from the Client’s account.

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2. Lien

2.1 The Company shall have a general lien on all funds held by the Company or its associates or its nominees on the Client’s behalf until all Client’s obligations are satisfied. Such right of a general lien may be extended and enforced to cover any legally binding claims, either present or future, related to the Client, emanating from applicable law, compliance rules/card schemes/acquiring banks/payment processing service providers/payment services operators’ requirements, as well as if it is required by the relevant authorities.

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3. Setting and Set-Off

3.1 If the aggregate amount payable by the Client is equal to the aggregate amount payable by the Company(in the calculation of the amount payable by the Client, the following shall be taken into consideration: any legally binding claims related to the Client emanating from law, compliance rules/card schemes/acquiring banks/payment processing service providers/payment services operators requirements, as well as if it is required by any relevant authorities), then automatically the mutual obligations to make payment are set-off and cancel each other.

3.2 If the aggregate amount payable by one party (in the calculation of the amount payable by the Client, the following shall be taken into consideration: any legally binding claims related to the Client emanating from law, compliance rules/card schemes/acquiring banks/payment processing service providers/payment services operators requirements, as well as if it is required by any relevant authorities) exceeds the aggregate amount payable by the other party, then the party with the larger aggregate amount shall pay the excess to the other party and all obligations to make payment will be automatically satisfied and discharged.

3.3 The Company has the right to combine all or any Client Accounts opened in the Client name and to consolidate the Balances in such accounts and to set-off such Balances in the event of termination of the Agreement.

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4. Client Account

4.1 In order to facilitate trading in CFDs, the Company will open a Client Account for the Client, which will be activated upon the Client depositing the minimum initial deposit as determined by the Company in its discretion from time to time. The minimum initial deposit may vary according to the account type of the Client Account. This information is made available on our Website.

4.2 The Company may offer different account types with different characteristics, different methods of execution and different requirements. Information on the various account types is found on the Website.

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5. Temporary Block of the Client Account

5.1 The Company may temporarily block the Client Account without prior notice to the Client for any good reason, including in any of the following cases:

• A. In an Event of Default of the Client according to paragraph 12.2 (a) of Part A of this Agreement and for such time that the Company reasonably requires to examine if an Event of Default has occurred;
• B. After the Client’s request to temporarily block the Client Account under paragraph 5.5. of PART B of this Client Agreement;
• C. The Company is informed from a reliable source that the Access Data of the Client may have been received by unauthorized third parties;
• D. The Company is informed from a reliable source of possible unlawful actions or doubtful operations of the Client, as set out in Clause 1.4. of the General Business Terms.
• E. In a Force Majeure Event and for such duration that the relevant event continues to exist.
• F. An error in the request for the transfer of funds to another account was made by the Client and this resulted in the Company depositing in an incorrect trading account.

5.2 Without prejudice to any other right of the Company, the Client Account shall be unblocked in the following cases:

• A. When the Company, in its sole discretion, determines that an Event of Default has not occurred, where the Client Account was temporarily blocked under paragraph 5.1 (a) of PART B of this Client Agreement;
• B. When the Client requests from the Company to unblock the Client Account under paragraph 5.6 where the Client Account wastemporarily blocked under paragraph 5.1 (b) of PART B of this Client Agreement;
• C. When the safety of the Access Data is determined by the Company and/or when the Company issues new Access Data to the Client, where the Client Account was temporarily blocked under paragraph 5.1 (c) of this Client Agreement;
• D. When the Company determines that the Client has not engaged into any actions or doubtful operations as set out in the Clause 1.4 of the General Business Terms, where the Client Account was temporarily blocked under paragraph 5.1 (d) of this Client Agreement;
• E. When the Force Majeure event does not exist anymore, where the Client Account was temporarily blocked under paragraph 5.1 (e) of PART B of this Client Agreement.

5.3 During the period for which the Client’s Account is blocked, the Company shall examine the circumstances and determine whether the Client Account ought to be either unblocked or closed.

5.4 In case the Client Account is closed the Company reserves the right to withhold, under the general right of lien under paragraph 2 of Part B of this Client Agreement for any period the Company considers necessary, any amount it considers appropriate in order to cover any possible legally binding claims that may occur in the future related to the Client, emanating from applicable law, compliance rules/card schemes/acquiring banks/payment processing services providers/payment services operators’ requirements, as well as if it is required by any relevant authorities.

5.5 The Client has the right to request the Company to temporarily block his Client Account by sending an email at [email protected] and/or by calling the Company, with a request to temporarily block the Client Account and giving in both cases the account’s phone password. The Company shall block the account within twenty-four (24) hours after receiving the said request.

5.6 In order for the Company to unblock the Client Account, which was blocked further to the request of the Client, the Client shall either send email to [email protected] and/or call the Company with a request to unblock the account and also point out the account phone password. The Company shall unblock the Client Account within twenty-four (24) hours after receiving the request.

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6. Inactive and Dormant Client Accounts

6.1 If for 30 (thirty) calendar days, there are no trades or non-trading operations (including agent operations) on a Client Account with a balance less than $10 (or the equivalent sum depending on the Currency of the Client Account), then the account will be archived.

6.2 When the Client Account is archived, all trades on the account will be archived as well and cannot be restored. However, at the client’s request, the company can provide a history of a requested account.

6.3 If the client has trades older than 35 (thirty-five) calendar days, they will be combined and removed. The total of these trades is credited to the client’s account.

6.4 If the Client Account is inactive for four years or more, and after notifying the Client in its last known address, the Company reserves the right to close the Client Account and render it dormant.

6.5 Without derogation from the rest of the provisions of the Agreement, an account that has been archived in accordance with paragraph 6.1. Of Part B of the Client Agreement, may be restored, at the client’s request. Money in the archived account, shall remain owing to the Client and the Company shall make and retain records and return such funds upon request by the Client at any time thereafter.

6.6 Paragraphs 6.1 – 6.5 are only applicable in relation to MT5 accounts.

6.7 Without prejudice to the above mentioned paragraphs, if there are no trades and/or non-trading operations (including agent operations) for a period of time determined in the Company’s sole discretion, partial or full scope restrictions/limitations may be placed on the Client’s Personal Area and/or Trading Account(s). In such a case, the Client shall be required to follow the Company’s requests for documentation and/or information in order to regain full access to his/her Personal Area and/or Trading Accounts. For the avoidance of doubt, none of the above limitations/restrictions will impact the Client’s ability to withdraw funds.

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7. Deposits and Withdrawals to/from the Client Account

7.1 The Client may deposit and withdraw funds into the Client Account at any time during the course of this Agreement by using any of the payment methods available in the Personal Area from time to time. Minimum deposit requirements as well as withdrawal commissions can be found in the Personal area. The Company shall not accept third party or anonymous payments in the Client Account.

7.2 The Client shall understand and agree that if he/she uses one method of payment he/she will use the same method to withdraw funds unless this is justified in the Company’s discretion. If multiple payment methods are being used, then the concept of proportionality shall apply. The Company shall set the requirements and order to be followed for withdrawals.

7.3 If the Client processes at least one deposit or withdrawal transaction via debit or credit card, the Client’s withdrawal transaction must be made using the same debit card or credit belonging to the original bank. Debit and credit cards that have been used to deposit or withdraw transactions at least once will not be able to process internal transfers.

7.4 If the Client makes a deposit transaction via debit or credit card. The Client must provide a copy of his/her debit or credit card. Such a copy must include debit or credit card numbers, first and last 4 characters on the card, the cardholder’s name, expiration date, and the cardholder’s signature attached in the copy.

7.5 The Company shall have the right to request the Client at any time additional information and/or documentation to confirm the origin and/or source of funds deposited into the Client Account. The Company shall have the right to reject a deposit or a withdrawal of the Client if the Company is not duly satisfied with the information and/or documentation provided and/or collected.

7.6 The Company shall have the right to reject a deposit of the Client if the provisions of the transfer stated in the Personal Area are not followed.

7.7 The Company has the right to refuse deposit and withdrawal operations in the cases of the email, telephone number, identity , address and/or other information provided and/or collected that is not fully verified by the Company or up to date.

7.8 If the Client makes a deposit, the Company shall credit the relevant Client Account with the relevant amount actually received by the Company as soon as practically possible after the amount is cleared in the relevant account of the Company.

7.9 If the funds sent by the Client are not deposited in the Client Account when they were supposed to, the Client shall notify the Company and request from the Company to make a transaction investigation of the transfer. The Client agrees that any charges of the investigation shall be paid by the Client and deducted from his Client Account or paid directly to the third party performing the investigation. The Client understands and agrees that in order to perform the investigation the Client shall have to provide the Company with the requested documents and certificates.

7.10 The Company shall initiate withdrawals of Client funds upon a relevant request from the Client entered on the Client’s Personal Area. However, withdrawals can be initiated when there are open trading positions. The Client can withdraw up to 90% of the remaining Free Margin, excluding credit, and withdrawals cannot exceed the balance at that time.

7.11 Upon the Company receiving an instruction from the Client to withdraw funds from the Client Account, the Company shall process the transaction request without undue delay and, where feasible, not later than three (3) Business Days, if the following requirements are met:

• A. The withdrawal instruction includes all necessary information;
• B. The instruction is to make a transfer to the originating account from which the money was originally deposited in the Client Account or in case of disputable situation to an account belonging to the Client (following submission of the relevant evidence);
• C. The account where the transfer is to be made belongs to the Client;
• D. At the moment of payment, the Client has available funds in his Client Account;
• E. There is no Force Majeure event which prohibits the Company from effecting the withdrawal.
• F. The Client has satisfied any requests from the Company in relation to Know your Customer (KYC), etc.

7.12 It is agreed and understood that withdrawals will only be effected towards the Client. The Company does not permit withdrawals to any third party and/or to an anonymous account.

7.13 The Company reserves the right to decline a withdrawal request of the Client asking for a specific transfer method and the Company has the right to suggest an alternative.

7.14 All payment and/or transfer charges may be borne by the Client and the Company shall debit the relevant Client Account for these charges.

7.15 In the case of a Client Account being closed, its Balance will be withdrawn proportionally to the accounts, from which deposits were made.

7.16 Unlawful actions with bank cards and/or bank accounts and/or with any other depositing method, are exceptions to the aforementioned paragraph. In the case of unlawful action(s), the Company may refund the remaining Balance as it deems fit. Should an unlawful action occur, all data may be provided to the bank and/or credit institution and/or payment service provider and or similar as well as to law enforcement agencies and/or authorities.

7.17 In cases where the security type was changed, the Company retains the right to conduct withdrawal(s) after a three (3) Business Days’ period has passed, counting from the moment that the security type was changed.

7.18 In the event of inconsistent transactions, the Company reserves the right to cancel the financial operations that were not found in the payment record system or be canceled. In this regard, the Company reserves the right to cancel any trading operations that have occurred with unverified funds and to restore payments related to these operations including without limitation to commissions and Cost.

7.19 Without prejudice to the rest of the provisions of the Agreement, where a bank card is used as the depositing method, the Company reserves the right to place withdrawal limits in its systems. For additional information regarding such withdrawal limits and withdrawal procedures, please refer to your Personal Area. The Company shall undertake to send funds to the Client’s account in accordance with the details stated in the request for withdrawal. The Company shall not be responsible for the transfer period.

7.20 In cases where more than ninety (90) days have elapsed since the Client’s trading account was funded by bank card and where during this period no withdrawal of funds has been made from the trading account, withdrawal of funds may be made only to the Client’s. same bank card and/or in any other method determined appropriate by the Company.

7.21 Without prejudice to the rest of the provisions of the Agreement, the Client may send request(s) for funds withdrawal from the Personal Area and the Company shall undertake to send funds to the Client’s account, in accordance with the details stated in the request. for withdrawal. The Company shall not be responsible for the period of transfer following execution of the withdrawal request.

7.22 The Client may request for a transfer of funds to another trading account, provided the latter trading account supports the relevant fund deposit/withdrawal method. Internal transfer shall be executed only between accounts of the same type, or between different types of accounts if the transfer amount is greater than the required minimum initial deposit.

7.23 The Company shall process the transfer of funds to another trading account in the currency of that trading account.

7.24 Withdrawals when an order is open can be made up to 90% of the remaining Free Margin amount, excluding credits, and not more than the remaining balance at that time.

7.25 If during the transfer of the funds between trading accounts, the Company accidentally and/ or mistakenly, effects the said transfer to an incorrect trading account, the requested amount of the said transfer shall be refunded to the Client at the expense of the Company.

7.26 If an error in the request for the transfer of funds to another account was made by the Client and this resulted in the Company depositing in an incorrect trading account, the Client may not be refunded.

7.27 In the event of force majeure, the Company reserves the right to stop, suspend, cancel all withdrawal transactions.

7.28 Internal money transfer is not an automatic system nor processed by a third party. Any internal transfer may be declined by the Company without any reasoning in its sole discretion.

7.29 The Company reserves the right to request the client to provide information about the Client themselves in order to confirm the Client’s identity in the application for opening a trading account. In addition, the Company has the right to request additional information regarding the Client’s identities, such as copies of passports or other relevant customer identification documents.

7.30 The company does not allow third parties to conduct financial transactions, both depositing and withdrawing money on behalf of the Client themselves.

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Part C: The Trading Platform

1. Technical Issues

1.1 The Client is solely responsible for obtaining and/or maintaining compatible equipment necessary to access and use the Trading Platform, which includes at least a personal computer, internet access and telephone and/or other access line. Access to the internet is an essential feature and the Client shall be solely responsible for any fees necessary, in order to ensure his connectivity to the internet.

1.2 The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer and that he has taken appropriate actions to protect his system from computer viruses or other similar harmful or inappropriate materials, devices, information or data that may potentially harm the Website, the Trading Platform or other systems of the Company. The Client further undertakes to protect the Company from any wrongful transmissions of computer virus or other similarly harmful or inappropriate material or device to the Company Trading Platform from his personal computer.

1.3 The Company will not be liable to the Client should his computer system fail, damage, destroy and/or format his records and data. Furthermore, if the Client incurs delays and any other form of data integrity problems that are a result of his hardware configuration or mismanagement, the Company shall not be liable.

1.4 The Company will not be liable for any such disruptions and/or delays and/or problems in any communication experienced by the Client while using the Trading Platform.

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2. Prohibited Actions on the Trading Platform