Risk Disclaimer: Trading involves significant risk and may not be suitable for all investors. Trading in the financial markets may lead to a loss of some or all of your original investment and as such you should not invest money that you cannot afford to lose. Trading on Margin/ Leverage can work against you as well as for you. You should be fully aware of all risks involved in trading and should seek professional advice from an independent financial advisor if you have any doubts
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
P.L.A. Consulting OÜ (hereinafter the “Company”) is a company, which is operating under the law Estonia (EEA).
Client Agreement is this agreement between you (the “Client”) and the Company. The below policies and other polices contained in the website of the Company are considered as part of this agreement. Accepting this agreement means you have read, understood and accepted the below policies being also an integral part of this client agreement:
2. Risk Disclosure,
3. Summary of conflicts of interests policy
4. AML Policy
6. Know your client policy
7. Verification policy
8. And other policies and terms and conditions contained in the website as amended from time to time.
The Operative Agreements as amended from time to time, set out the terms upon which the Company will deal with the Client. The dealings and relations between the Company and the Client are subject to law specified in this Agreement whether or not the terms of the Operative Agreements are accepted by the Client and will be conducted in the English language unless otherwise agreed with the Client.
The Operative Agreements shall govern all activity of the Client with the Company and should be read carefully by the Client. Amongst other things, they set out those matters which the Company is required to disclose to the Client under the Applicable Regulations.
Access Codes are the login user id and password, either sent to you by the Company or chosen by you which are used to login / access the online system and the private area.
Access Data where you can retrieve access to your account through such as phone password (if applicable), email, address, name, birth date etc...
Account is the place where the trading transactions are done and recorded
Applicable Regulations and laws are the laws including relevant market laws and any other applicable laws relevant to the jurisdiction.
Application Form is the web (online) form or paper form (if applicable) completed by you in order to open a trading account and in accordance to the regulations.
Balance is the total sum in your account not including unrealized profit or loss.
Base currency is the first currency in a tradable currency pair.
Business Day is a weekday except Saturdays and Sundays and bank or public holidays.
Client is the person (s) whether natural or legal, holding an account with the Company.
Client Money Rules are the rules relating to client money as set out and in accordance with the applicable laws.
Contract Specifications are the parameters and specification of each tradable instrument (pair) including sizes of lot in notional value or units, swaps, trading hours, expiration (if applicable), tick size, tick value, hedging requirements, margin requirements, decimal points(if applicable), and any other relevant specification.
Currency of the Account is the base currency of your account and/or weboffice registered.
Currency pair is a tradable pair of two currencies. The quote is the value of the base currency in the quote currency ie. ETH/BTC, BTC/USDT, and might constitute a quote to buy or sell, depending on the Bid and / or Ask.
Digital Cryptocurrency Wallet is a secure wallet store, send, receive digital cryptocurrency.
Expert Advisor and Algorithmic Trading are automated trading software that are programmed to place new trades, manage existing positions by changing stop losses, take profits, and closing orders.
Financial Instrument(s) is cryptocurrency.
Leverage is a ratio that controls the maximum size of a position that can be opened in relation to margin required. Required margin = Position Value x Leverage.
Lot is a measuring unit that specifies the size of the transaction. The size of this unit is specified in the contracts specifications on the website and / or platform.
Margin, also called required margin is the necessary amount of funds needed to open a certain position. The margin can vary according to instrument, leverage, and size. It can be fixed or floating.
Margin level is defined as equity divided by margin, where equity is balance +- unrealized profit and loss.
Token is a tradable asset in exchange for cryptocurrencies.
Free Margin is the margin available that can be used to open new positions.
Online Trading System is the software that facilitates trading, allowing connection of clients` computers with the Company’s servers, liquidity providers and feeds, where Company can place, modify and close orders. The software can support desktop, and/or laptop, and / or mobile systems (if applicable)
Open Position is a deal (position) that has not been closed yet, and the profit and loss not realized yet.
Order is an instruction to buy, sell, modify, or close an order.
Parties are the parties in this Agreement
Pending order is an Order for Buy or Sell cryptocurrency at the price different from the market price It can be of the following types:
1. Buy Limit
2. Buy Stop
3. Sell Stop
4. Sell Limit
Phone Registration Confirmation is a confirmation given by the Company to you after the registration. (if applicable)
Profit share is the share ratio between client and company
Quote is the information of the currency price for a specific Underlying of a Financial Instrument, in the form of the Bid and Ask prices.
Quote Currency is the second currency (if any) in the Currency Pair.
Rules are the laws, articles, regulations, directives, procedures and customs as in force from time to time.
Services are the services provided by the Company to its clients
Spread is the difference between the ask price and the bid price of a certain instrument.
Take Profit is the rate where if touched the system will close the position at the next available tradable price. It is usually used to limit and collect profits, or to cut a losing position at a less loss than it currently has.
Transaction is the act of opening or closing of a position, or deposit and or withdraw funds from the Company.
Trade Confirmation is the confirmation of execution of orders.
Website is the official website of the Company
1. This Customer Agreement is made between the Company and the person(s) who has completed the Application Form Online or manually applied and whose application the Company have accepted (hereafter called the “You”).
You are subject to the method of categorization of clients explained in the client categorization policy. You can request to change the type of your category by submitting a written request to the Company.
a) From the date on which your Account and/or Weboffice is approved and opened, the Company will provide the following services:
· A hosted digital wallet enabling you to store electronic money issued by Company (the "Digital Currency Wallet" and "Digital Currency" respectively);
· Certain payment services enabling you to send and receive Cryptocurrencies
· Digital Currency Services
b) The Company reserves the right to withdraw the whole or any part of the Services on a temporary or permanent basis offered to you, due to lack of funding in your account, and/or on the Company’s own discretion.
Date and time of effect of this agreement
1. This agreement becomes effective once you fill the account opening application (online or manual application) and only when the Company sends you a confirmation of approval and acceptance of your application.
2. By continuing to use the Company’s system and or website, you agree to continue to be bound by this Customer Agreement. This agreement shall supersede all other agreements, arrangements, and terms of business which may previously have been in place between us.
3. The Company reserves the right not to accept you as a client even if the Company receives all proper and valid documents from you, duly completed.
Third Party Authorization
1. You might authorize a third party person(s) to access, manage your Token. However, this authorization should be accepted and approved by the Company before taking effect. The Company will require all persons involved to go through the Company’s KYC procedure and the Company will require a written authorization from you and acceptance from him or her. Once reviewed the Company will approve the authorization if all required documents are in order. The Company reserves the right, and upon its own discretion, to refuse to approval any 3rd party authorizations.
2. To revoke the authorization, it must be done by writing from you. For the revocation to be in effect, it should be received and processed by us.
3. Written notification of revocation of authorization has to be sent to the Company as soon as you decide to revoke the authorization. However, the Company does not guarantee that the Company will instantly revoke the authorization unless the Company receive the written revocation at least 2 business days ahead of revocation, and processes after confirming the signatures and content of the letter.
1. Generally, the Company’s operation hours are usually normal working hours.
2. Some departments such as compliance, back office, customer service, etc operate only under limited working hours.
3. The Company reserves the right to change the above hours for trading and operation without notice, and where it sees fit and where market conditions or technical conditions might not allow normal trading. The Company but will later notify.
Operational system and access
1. When your account and/or Weboffice is approved and open, you are entitled to use your Access Codes within the Company’s System, in order to be able to use it, to follow the value of Account and the Fund, through your compatible Personal Computer connected to the internet on the Company’s Online System.
2. When using the Company’s Website and/or Online System you will not, whether by act or omission, do anything that will or may violate the integrity of the Company’s computer system or cause such system to malfunction. You are solely responsible for providing and maintaining the equipment necessary to access and use the Company’s Website and/or Online System.
3. You acknowledge that there might be events which might limit your access to the website or online trading system and thus the Company will not accept any claims arising from that.
4. The Company are not responsible internet connection failures or public electricity network failures or virus or hacker attacks or unauthorized use of your access codes.
5. The Company shall not be held responsible in the case of delays or other errors caused during the transmission of orders or communication via computer. The Company will not accept any claims arising from delays or mistakes or omissions or misinterpretation of information.
6. You are allowed to copy and store information on the platform and use it an way as long as you are not breaching any copyright or privacy laws.
Safety of Access Data
You agree to keep all your access data such as usernames, ids, passwords and other secret questions safe and to not reveal them to unauthorized personnel.
1. Our normal method of communication with you is by electronic means including phone, fax and email.
2. In case you want to communicate with the Company by snail mail also, you can reach the Company by the following methods:
Alternatively, faster communication can be achieved via the following methods
Customer Services E-mail: firstname.lastname@example.org
1. The Company will monitor all communication between you and the Company and record it for quality and record keeping purposes. You acknowledge that the Company can use this communication as a proof or evidence of instructions given by you, or communication between us.
2. You may contact the Company during the operation time hours. Outside normal working hours and during holidays or non-business days, you might have limited immediate response from the Company. The Company will make its best to reply to your communication as soon as possible,
3. The Company tries to respond to you promptly;
Secrecy and Privacy of information
1. You agree to provide the Company with such information as the Company reasonably requests from time to time to permit the Company to comply with Applicable Regulations and provide the Services. Where you provide the Company with information, you are responsible for ensuring that it is correct and should promptly inform the Company in writing of any change.
2. The Company will treat Your Information as confidential and will not disclose it to any person without your prior written consent or in this section except for those members of the Company’s personnel who require information thereof for the performance of their duties under this Customer Agreement, or where disclosure is made necessary pursuant to a court decision or when disclosure of certain types of such information is required under the applicable legislation and to the Company’s consultants, lawyers, auditors, 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. In addition, the Company will in particular abide by the Processing of Personal Data (Protection of the Individual) Law, and any other applicable data protection laws and regulations in respect of the personal data comprised in Your Information, in case you are a natural person.
3. The Company may collect Your Information directly from you (in your completed Application Form or otherwise) or from other persons including, for example, credit reference agencies, fraud prevention agencies and the providers of public registers.
4. The Company may use Your Information in order to provide, administer, tailor and improve the Services, the Company’s relationship with you and the Company’s business generally (including communicating with you and facilitating your use of the Website and/or the Company’s telephone trading facilities); to carry out credit, anti-money laundering and fraud prevention checks; to exercise and/ or defend the Company’s legal rights; and to comply with Applicable Regulations and the requests of regulatory and enforcement authorities in any jurisdiction.
5. You agree that the Company may contact you by telephone, email or post to tell you about products or services offered by the Company in which you may be interested in. The Company will not contact you for this purpose, however, if you have informed the Company that you do not wish to receive such communications by contacting the Company as described in this agreement.
Our use of Your Information include:
1. disclosure of Your Information to the Company’s professional advisors and other service providers; to credit reference and fraud prevention agencies and other financial institutions for credit checking, fraud prevention and anti-money laundering purposes; to or as requested by regulatory and enforcement authorities, courts and similar bodies in any jurisdiction; and to other persons as necessary to carry out your instructions; and
2. If you are a natural person, you have the right of information about and access to any personal data that the Company holds about you, and the right to require any inaccurate personal data to be corrected, under the Processing of Personal Data (Protection of the Individual) Law. If you wish to exercise either of these rights or to inform the Company that you do not wish to receive the communications referred to in this section may contact us.
3. The obligations to safeguard the confidentiality and not to disclose information do not apply to information that: is in public domain or is made public not due to the Parties’ actions (or failure to act); or is in legal possession of one of the Parties and was not subject to an obligation of confidence or non-disclosure at the moment of its receipt by such Party.
Knowledge and Advice
1. The Company will not advise you about the merits of a particular Transaction or give you any form of investment advice you acknowledge that the Services do not include the provision of investment advice.
2. The Company will not be under any duty to provide you with any legal, tax or other advice relating to your Transaction. You agree and acknowledge that you are solely responsible for any investment strategy, transaction or investment, composition of any account and taxation consequences and you shall not rely, for this purpose on the Company or its directors or employees or affiliated personnel. It is also understood and accepted that the Company shall bear absolutely no responsibility, regardless of the circumstances, for any such investment strategy, transaction, investment or information.
3. Any investment information as may be announced by the Company to you does not constitute investment advice but aims merely to assist you in your investment decision making.
4. You may wish to seek independent advice before entering into a Transaction. In asking the Company to enter into any Transaction, you represent that you have been solely responsible for making your own independent appraisal and investigation into the risks of the Transaction. You represent that you have sufficient knowledge, market sophistication, professional advice and experience to make your own evaluation of the merits and risks of any Transaction.
5. The Company are obliged under Applicable Regulations to obtain information about your knowledge and experience in the investment field so that the Company can assess whether the service or product envisaged is appropriate for you. The Company shall assume that information about your knowledge and experience provided from you to the Company is accurate and the Company will have no responsibility to you if such information changes or becomes inaccurate unless you have informed the Company of such changes.
1. Notwithstanding any other provision of this Customer Agreement, in providing Services to you the Company shall be entitled to take any action as the Company consider necessary in the Company’s absolute discretion to ensure compliance with the relevant market rules and or practices and all other applicable laws.
2. Under Applicable Regulations, the Company will keep Client Records for at least five years after termination of the Customer Agreement.
Funding and redeem
1. You may fund your Client Account with BTC or other methods of money transfer acceptable by the Company from time to time in its absolute discretion. The Company do not guarantee that all the transfer methods are available to be used in your country.
2. The Company shall make any payments due to you in such a manner as the Company deem appropriate in the circumstances.
3. The minimum initial deposit so as to start funding your account is described in the account types section of the Company’s website. At the Company’s discretion the Company can allow you to start trading if you have transferred fewer funds than the minimal initial deposit.
4. The client can redeem his/her original balance and profits from the account. The Company will send the funds only to the same person, and through the same method of deposit. Profits though, and upon the Company’s discretion can be sent to the same person via another method if the Company agrees to.
5. The Company will effect redeem of Client funds only when the identity of the client is verified by the valid Access Codes used for generating the withdrawal request through secure Cabinet the receipt of an application form bearing the signature of the Client matching the specimen signature of the Client provided by him to the Company.
6. All expenses for transfers of funds from or to the Originating Account/Card shall be borne by the Client.
7. The Client is fully responsible for the payments details given to the Company and the Company accepts no responsibility for the Client’s funds, if the details provided by the Client are wrong.
Charges and Taxes
1. All charges and fees are visible on the website.
2. Deposit or redeem charges, if any, are also visible before you make the deposit or redeem.
3. The Company is not responsible for 3rd party charges, such as bank transfer fees, or any intermediary bank fees.
4. The client, you, is responsible for filing and paying taxes in the jurisdiction you belong to, or where taxes apply to you.
1. Unless otherwise agreed with you, the Company will deal with any funds that the Company holds on your Account in accordance with the Client Money Rules. This means that your funds will be segregated from the Company’s own fund.
2. The Company may hold your fund and the fund of other clients in the same bank account (omnibus account) or 3rd party account, such as liquidity providers.
3. The Company may pass fund received from you to a third party (e.g. a bank, a market, intermediate broker, OTC counterparty, clearing house, exchange, liquidity provider, or other broker) to hold or control in order to effect a Transaction through or with that person or to satisfy your obligation to provide collateral (e.g. initial margin requirement, maintenance margin, or free margin) in respect of a Transaction or more. The Company has no responsibility for any acts or omissions of any third party to whom the Company pass money received from you. The third party to whom the Company passes the fund may hold it in an omnibus account and it may not be possible to separate it from the Company’s fund, or the third party’s fund. In the event of the insolvency or any other analogous proceedings in relation to that third party, the Company will only have an unsecured claim against the third party on behalf of you and the Company’s other clients, and you will be exposed to the risk that the money received by the Company from the third party is insufficient to satisfy the claims of you and all other clients with claims in respect of the relevant account.
4. The Company may deposit your fund in overnight deposits and the Company will be allowed to keep any interest.
5. The Company shall not account to you for profits earned on client money (other than profit gained through trading transactions from his Client Account(s) under this Agreement) and the Company will not pay you interest on Client fund held by it or by a 3rd party.
6. The Company may hold Client fund on your behalf in and outside the EEA. The legal and regulatory regime applying to any such bank or person will be different from the EU area and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, your fund may be treated differently from the treatment which would apply if the fund was held with a bank in an account in the EU. The Company will not be liable for the insolvency, acts or omissions of any third party referred to here.
7. The Company may deposit your fund with a depository who may have a security interest, lien or right of set-off in relation to that fund.
About the redemption
Purchased tokens can only be redeemed after 90 calendar days on receipt of payment.
About buying tokens
ATMO tokens can only be purchased in our affiliate system.
Both natural persons and companies are eligible to purchase our company's tokens (ATMO)
Our Affiliate Referral System provides our Customers with additional revenue through our dedicated referral links. The recommendation divides commissions in 3 levels (further details on the website under “Affiliate”)
At the first level of the referral system, after reaching a certain level, the offeror is also entitled to passive income (further details on the website under “Affiliate”)
Every token purchase is subject to a onetime setup fee (further details on the website), which is for the financing of the affiliate system and the administrative expenses.
Settlement of Accounts
The Company shall be entitled to retain fund which are required to cover any un-cleared funds, realized losses and any and all other amounts payable to the Company under this Customer Agreement.
Currency rates conversion
Whenever the Company conduct currency conversions, the Company will do so at such reasonable rate of exchange as the Company shall select. The Company shall be entitled to charge and retain for the Company’s own account a mark-up on the exchange rates for arranging such conversion as the Company may from time to time specify to you and publish on the Company’s Website.
You accept and understand that the Company’s official language is the English language and you should always read and refer to the main Website for all information and disclosures about the Company and the Company’s activities. Translation or information provided in languages other than English in the Company’s local websites is for informational purposes only and do not bind the Company or have any legal effect whatsoever, the Company have no responsibility or liability regarding the correctness of the information therein.
The location of detailed information regarding the conditions of the Company’s Services is on the Company’s main Website over the Internet.
Assignment & Third Party Rights
The Company may at any time transfer, assign or novate any of the Company’s rights, benefits or obligations under this Customer Agreement subject to providing notification to you.
Your rights and obligations under this Customer Agreement are personal to you and are not capable of transfer, assignment or novation.
a) Except as explicitly provided in this Customer Agreement, the Company will not be liable or have any responsibility for any form of loss or damage arising out of any failure, disruption, or delay in performing the Company’s obligations under this Customer Agreement where such failure, interruption or delay is due to:
1. 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 or political crisis.
2. Act of God, earthquake, hurricane, typhoon, flood, fire, epidemic or other natural disaster.
3. Labor disputes not including disputes involving the Company’s workforce.
4. Suspension of trading on a 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 have caused that ban), decisions of state authorities, governing bodies of self-regulating organizations, decisions of governing bodies of organized trading platforms.
5. A financial services suspension having been declared by appropriate regulatory authorities or any other acts or regulations of any regulatory, governmental, or supranational body or authority.
6. Failure or glitch of any electronic equipment, network and communication lines (not due to the bad faith or willful default of ourselves), hacker attacks and other illegal actions against the Company’s server and Online Trading System
7. Any event, act or circumstances not reasonably within the Company’s control and the effect of that event(s) is such that the Company are not in a position to take any reasonable action to cure the default.
b) In the event of force majeure, the affected Party must notify the other Party of the circumstances and of the events outside its reasonable control within 3 business days.
c) In the events of Force Majeure the Company may suspend, freeze or close your Account and/or Weboffice.
Termination of this agreement
This Customer Agreement shall be valid for an indefinite time period until its termination by virtue of the provisions of below.
a) The Company may terminate this Customer Agreement immediately upon the happening of any of the events set out below:
1. Failure to comply with any requirement relating to the transfer of an open investment position.
2. Do not have the authority to transact business with the Company or to do so in the manner in which you customarily conduct business with us.
3. If you become deceased, declared absent or become of unsound mind.
4. Such termination is required by any competent regulatory authority or body.
5. You violate any provision of the Customer Agreement, and in the Company’s opinion, the Customer Agreement cannot be implemented.
6. If you fail to make any payment or fail to perform any other act required by the Customer Agreement.
7. The Company have reliable information that a material adverse change in your financial condition has occurred or that you may not perform your obligations under the Customer Agreement or you do not give to the Company adequate assurance of your ability to perform your obligations within 24 hours after receipt of the relevant request from us.
8. If an application is made in respect of you or any of your Affiliates for any action pursuant to the relevant Bankruptcy Act or any equivalent act, including of another country (in the EU or 3rd countries), applicable to you or, 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.
9. If an Order is made or a resolution is passed for your winding-up or administration (other than for the purposes of amalgamation or reconstruction).
10. If any distress, execution or other process is levied against any property of you and is not removed, discharged or paid within seven days.
11. If any security created by any mortgage or charge becomes enforceable against you and the mortgagee or chargee takes steps to enforce the security or charge.
12. If any indebtedness of you or any of your subsidiaries becomes immediately due and payable, or capable of being declared so due and payable, prior to its stated maturity by reason of your default (or any of your subsidiaries) or you (or any of your subsidiaries) fail to discharge any indebtedness on its due date.
13. You convene a meeting for the purpose of making or proposing or entering into any arrangement or composition for the benefit of your creditors.
14. If any of the representations or warranties given by you are/or become untrue.
15. In cases of material violation by you of the requirements established by legislation of the applicable legislation or other countries, such materiality determined in good faith by us.
b) This Customer Agreement may be terminated by either you or the Company at any time by sending a written notice. As a result of termination of this Customer Agreement, your Account will be closed. Your termination of this Customer Agreement will not affect any obligation or liability that you may then have to us, including any liability or short position you may have arising from or in connection with transactions initiated prior to the termination. Subject to this paragraph herein the Company will complete Transactions which are in progress at termination as soon as reasonably practicable.
c) If any of the described in this paragraph occur, then the Company may at the Company’s discretion at any time that event (without prejudice to any other right the Company may have) and without notice to you, take any one or more of the following actions:
1. Terminate this Customer Agreement.
2. On your behalf and in your name, suspend, freeze or close out all or any or your open investment positions.
3. Convert any currency.
4. Apply any of your cash and the proceeds of any Transaction in satisfaction of the amount owing to us, including amounts due in respect of settlement, fees, commissions and interest.
5. Keep such Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations you have, including, without limitation, the payment of any amount which you owe Company to the Company under the Customer Agreement.
6. Close your Account
Note that in case of termination: The Company reserves the right to combine any accounts opened in your name, to consolidate the Balances in such accounts and to set off those Balances.
Note also in case of termination: If there is Balance in your favor, the Company will (after withholding such amounts that the Company in the Company’s absolute discretion consider appropriate in respect of future liabilities) pay such Balance to you as soon as reasonably practicable and supply you 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 your Instructions, but the Company have the right to refuse transfer of your funds to a third party.
Should any part of this Customer Agreement be held by any Court of competent jurisdiction to be unenforceable or illegal or contravene any rule, regulation or by law of any Market or regulator, that part will be deemed to have been excluded from this Customer Agreement from the beginning, and this Customer 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 Customer 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.
Clients Complaints and Warranty
The Company have put in place internal procedures for handling complaints fairly and promptly. Any complaint shall be made in writing as described on the website. Applicable and Governing Law And Jurisdiction
1. If a settlement is not reached by the means described in this agreement herein, all disputes and controversies arising out of or in connection with the Client’s Agreement shall be finally settled in court in United Arab Emirates.
2. This Customer Agreement and all transactional relations between you and the Company are governed by the Laws of United Arab Emirates.
3. All transactions on behalf of you shall be subject to the laws which govern the establishment and operation, the regulations, arrangements, directives, circulars and customs (jointly hereinafter called the “Laws and Regulations”) of United Arab Emirates.
4. The Company shall be entitled to take or omit to take any measures which the Company consider desirable in view of compliance with the Laws and Regulations in force at the time.
Any such measures as may be taken and all the Laws and Regulations in force shall be binding on you.
Non-Exercise of Rights
Our failure to seek redress for violations, or to insist upon strict performance, of any condition or provision of this Customer Agreement or the Company’s failure to exercise any right or remedy to which the Company are entitled under this Customer Agreement, shall not constitute an implied waiver thereof.
You agree to indemnify the Company against any loss, liability, cost, claim, action, demand or expense incurred or made against the Company in connection with the proper performance of your obligations under this Customer Agreement except where that loss, liability, cost, claim, action, demand or expense arises from the Company’s negligence, fraud or willful default or that of our employees
1. You agree that the Company shall not be liable for any consequential, indirect, incidental or special loss (including loss of profits and value) that result from your use of the Services even if you have advised the Company of the possibility of such loss. Consequential loss includes pure economic loss, loss of profit, loss of business and likely loss whether direct or indirect.
2. Otherwise than through the Company’s negligence or willful default, the Company will not be liable for any losses, damages or claims that result directly or indirectly from any person obtaining any Access Data that the Company have issued to you prior to you reporting to the Company the misuse of your Access Data.
3. The Company will not be liable to you for any losses, damages or claims which result directly or indirectly from any research which you rely on in funding the account.
4. The Company will not be liable to you for any losses, damages or claims, which result directly or indirectly from a delay transmitting any fund.
5. The Company will not be liable to you for any losses, damages or claims, which result directly or indirectly from any changes in the commissions, or the rates of tax.
6. The Company will not be liable for any losses, damages or claims which result directly or indirectly if the Company fail to receive any documents sent in respect of your Account or any funds held on your behalf, or if you fail to receive any such documentation which the Company may forward to you.
By agreeing to be bound by this Customer Agreement, and again on each occasion that you fund your Account, you state, verify, affirm and guarantee to the Company as follows:
1. You are placing the fund and entering into the Company`s services as principal, (that is on your own behalf and not for any third person), unless you have authorization from that 3rd party which has been approved and accepted by the Company.
2. You are entering into and performance of the terms of this Customer Agreement and each Transaction does not breach or conflict with or constitute a default under any law, regulation, rule, judgment, contract or other instrument binding on you or any of your funds or assets.
3. You have taken such advice in respect of the Transaction and have not relied on any representation or information provided by the Company, or any of its employees, directors, agents, etc, in reaching your decision to enter into the Transaction.
4. You are the same person signing and accepting this agreement and all other agreements, and in case of a legal person, that you are authorized to sign on behalf of the legal person.
5. All the information disclosed to the Company in your Application Form, including documentation are accurate and true.
6. The documents handed over by you to the Company are valid and authentic and to the best of your knowledge and belief, the information provided in the Application Form and any other documentation supplied in connection with the application form, is correct, complete and not misleading and you will inform the Company if any changes to such details or information.
7. Your 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 or to hide the origin of funds.
8. You are over 18 years old and of sound mind, having no legal or other obstacle prohibiting you from entering into agreement with the Company.
9. You have provided the Company with those of your investment objectives which are relevant to the Company’s services.
Client Acknowledgements of Risks
You unreservedly acknowledge and accept that:
1. You run a huge risk of incurring losses and damages and you accept and acknowledge that you are willing to take this risk. The loss might be less or equal than your total funds in the account.
2. Cryptocurrencies carry a high degree of risk. It also means that a relatively small movement can lead to a proportionately larger movement in the value of your investment and this can work against you as well as for you. Transactions have a contingent liability, and you should be aware of the implications of this in particular the margining requirements.
3. You have chosen the particular type of service and financial instrument, taking your total financial circumstances into consideration which you consider reasonable under such circumstances.
4. You agree and understand that services provided by the Company carries risks.
You acknowledge and agree on the below:
The contracts are non-deliverable contracts, and thus you agree that the Company will not deliver to you the underlying financial asset of the traded contract.
Unless stated otherwise, the Company will not pay interest on funds held in your account.
The Company will be acting as an agent, and as such might be executing the orders on your behalf on a non regulated market.
You totally declare that you have carefully read and fully understood the entire text of the terms and conditions herein with which you fully and unreservedly agree.
You confirm that you have consistent access to the internet and consent to the Company providing you with information, including, without limitation, information about amendments to the Company’s terms and conditions, costs, fees, this Customer Agreements, Policies and information about the nature and risks of investments by posting such information on the Company’s Website.
Changes in the agreement
The Company may amend and or change this Customer Agreement at any time by posting a notice on Company’s Website or by internal mail via the Company’s Online Trading System, or by email, or by other means of written notices. The Company will do its best to provide you with at least one Business Day notice of such amendments unless it is otherwise impossible to do that. You acknowledge that a variation which is made to reflect a change of law or regulation may, if necessary, take effect immediately. It is specifically agreed by You, the Client that ignorance of Company’s notice or no answer of Company’s email or post will result to acceptance of new amendment.
Please note that unless the Company`s permission has been received, it is strictly forbidden for our Clients all kind of online content and/or appearances on any social media, on our or on the Client`s website, to advertise our Company in any ways. Failing to the do so, Client shall be immediately excluded. The web appearances are strictly and continuously monitored by robots. Our Services may only be available by recommendation and by personal contact.