Legal Information
TERMS AND CONDITIONS
Please make sure you read and understand our terms before you start trading with us.
Important – you should read these terms and conditions carefully before completing registration.
WE DO NOT ACCEPT WESTERN UNION OR MONEYGRAM.
NO ACEPTAMOS WESTERN UNION O MONEYGRAM.
**OUR OFFICIAL EMAILS WILL ALWAYS END WITH:
**NUESTROS CORREOS OFICIALES TERMINARÁN SIEMPRE CON:
1. Introduction
1.1. This Agreement is entered by and between DBS Capital (hereinafter called the “Company” or “us”) 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 and has been accepted by the Company as a Client (“Client” or “you”) on the other part.
1.2. The company Magnum International Markets Ltd is registered in Seychelles and is holding a regulatory license xxxxxxxxxxx issued by the Seychelles Financial Services Authority. Magnum International Markets Ltd is located at xxxxxxxxxxxxxxxx
1.3. This Client Agreement together with its Appendix 1 any other Appendices added thereto and the following documents, as amended from time to time: “Conflicts of Interest Policy”, “Risk Disclosure and Warnings Notice”, (all together, the “Agreement”) set out the terms upon which the Company will offer Services to the Client, the rights and obligations of both Parties.
1.4. The Agreement overrides any other agreements, arrangements, express or implied statements made by the Company or any Introducer(s).
1.5. The Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.
1.6. Physical signature of the Agreement is not required but if you wish to have it signed you may print it and sign two copies of the Agreement and sent them back to us. We shall keep one copy for our records and send you back the other one signed by us as well.
2. Interpretation of Terms
2.1. In this Agreement:
“Abusive Trading” shall include any of the following actions such as, but not limited toplacing “buy stop” or “sell stop” Orders prior to the release of financial data, arbitrage, manipulations, a combination of faster/slower feeds, abuse of the cancelation of trades feature available on the Platform or use (without the prior and written consent of the Company) of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
“Access Data” shall mean the Login and Password of the Client, which are required so as to have access on and use the Platform(s) and the ID number, which is required so as to place Orders via phone and any other secret codes issued by the Company to the Client.
“Account Opening Application Form” shall mean the application form/questionnaire completed by the Client in order to apply for the Company’s Services under this 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, his categorization and appropriateness or suitability (as applicable) 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 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 “Client Agreement” together with its Appendix 1 and any other Appendices added thereto and the following documents: Client Classification Policy, Investor Compensation Fund, Summary of Conflicts of Interest Policy, Summary Best Interest and Order Execution Policy, Risk Disclosure and Warnings Notice, Complaints Procedure for Clients, as amended from time to time.
“Ask” shall mean the higher price in a Quote at which the price the Client may buy.
“Authorized Representative” shall mean the person of paragraph 36.1. of the Client Agreement.
“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.
“Base Currency” shall mean the first currency in the Currency Pair against which the Client buys or sells the Quote Currency.
“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.
“Client Account” shall mean the unique personalized account of the Client consisting of all Completed Transactions, Open Positions and Orders on the Platform, the Balance of the Client money and deposit/withdrawal transactions of the Client money.
“Closed Position” shall mean the opposite of an Open Position.
“Completed Transaction” in a CFD shall mean two counter deals of the same size (opening a position and closing a position): buy then sell and vice versa.
“Contract for Differences” (“CFD”) shall mean a contract, which is a contract for differences by reference to variations in the price of an Underlying Asset. A CFD is a Financial Instrument.
“Contract Specifications” shall mean the principal trading terms in CFD (for example Spread, Swaps, Lot Size, Initial Margin, Necessary Margin, Hedged Margin, the minimum level for placing Stop Loss, Take Profit and Limit Orders, financing charges, charges etc.) for each type of CFD as determined by the Company from time to time. The Contract Specifications appear on the Website and/or Platform.
“Currency of the Client Account” shall mean the currency that the Client Account is denominated in, which may be Euro or USD or any other currency as offered by the Company from time to time.
“Currency Pair” shall mean the object or Underlying Asset of a CFD Transaction based on the change in the value of one currency against the other. A Currency Pair consists of two currencies (the Quote Currency and the Base Currency) and shows how much of the Quote currency is needed to purchase one unit of the Base Currency.
“Equity” shall mean the Balance plus or minus any Floating Profit or Loss that derives from an Open Position and shall be calculated as: Equity = Balance + Floating Profit – Floating Loss.
“Essential Details” shall mean the required details in order for the Company to be able to place the Order for example but not limited to the type of Financial Instrument, the type of Order, type of Underlying Asset, the Direction (Buy or Sell), the volume, if the Client places a Pending Order (limit or stop) the Client will indicate the intended price in which the Order will go in the market and any Stop Loss and or Take Profit etc.
“Event of Default” shall have the meaning given in paragraph 14.1. of the Client 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 Platform to automatically adjusting stop loss, trailing stops and take profit levels.
“Financial Instrument” shall mean the Financial Instruments under the Company’s CIF license which can be found in the document “Company Information”.
“Floating Profit/Loss” in a CFD shall mean current profit/loss on Open Positions calculated at the current Quotes (added any commissions or fees if applicable).
“Force Majeure Event” shall have the meaning as set out in paragraph 27.1. of the Client 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” for CFD trading shall mean the necessary margin required by the Company so as to open and maintain Matched Positions.
“Initial Margin” for CFD trading shall mean the necessary margin required by the Company so as to open a position.
“Introducer” shall have the meaning as set put in paragraph 35.1. of the Client Agreement.
“Investment Services” shall mean the Investment Services under the Company’s CIF license which can be found in the document “Company Information”.
“Leverage” for CFD trading shall mean a ratio in respect of Transaction Size and Initial Margin. 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” for CFD trading shall mean a buy position that appreciates in value if underlying market prices increase. For example, in respect of Currency Pairs: buying the Base Currency against the Quote Currency.
“Lot” shall mean a unit measuring the Transaction amount specified for each Underlying Asset of a CFD.
“Lot Size” shall mean the number Underlying Assets in one Lot in a CFD.
“Margin” shall meanthe necessary guarantee funds so as to open or maintain Open Positions in a CFD Transaction.
“Margin Call” shall mean the situation when the Company informs the Client to deposit additional Margin when the Client does not have enough Margin to open or maintain open positions.
“Маrgin Level” for CFD trading shall mean the percentage of Equity to Necessary Margin ratio. It is calculated as: Margin Level = (Equity / Necessary Margin) x 100%.
“Margin Trading” for CFD trading shall mean Leverage trading when the Client may make Transactions having less funds on the Client Account in comparison with the Transaction Size.
“Matched Positions” for CFD trading shall mean Long and Short Positions of the same Transaction Size opened on the Client Account for the same CFD.
“Necessary Margin” for CFD trading shall mean the necessary margin required by the Company so as to maintain Open Positions.
“Normal Market Size” for CFD trading shall mean the maximum number of units of the Underlying Asset that are transmitted by the Company for execution.
“Open Position” shall mean any open option contract (call and / or put) which has not been closed. In relation to CFD trading this may be a Long Position or a Short Position which is not a Completed Transaction.
“Order” shall mean an instruction from the Client to trade in CFDs as the case may be.
“Order Level” for CFD trading shall mean the price indicated in the Order.
“Parties” shall mean the parties to this Client Agreement –i.e. The Company and the Client.
“Platform” shall mean the electronic mechanism operated and maintained by the Company, consisting of a trading platform, computer devices, software, databases, telecommunication hardware, programs and technical facilities, which facilitates trading activity of the Client in Financial Instruments via the Client Account.
“Politically Exposed Persons” shall mean:
A) natural persons who are or have been entrusted with prominent public functions, which means: heads of State, heads of government, ministers and deputy or assistant ministers; members of parliaments; members of supreme courts, of constitutional courts or of other high-level judicial bodies whose decisions are not subject to further appeal, except in exceptional circumstances; members of courts of auditors or of the boards of central banks; ambassadors, chargés d’affaires and high-ranking officers in the armed forces; members of the administrative, management or supervisory bodies of State-owned enterprises. None of the categories set out in the above shall be understood as covering middle ranking or more junior officials. Further, where a person has ceased to be entrusted with a prominent public function within the meaning of the above definition for a period of at least one year in any country, such persons shall not be considered a Politically Exposed Person.
B) The immediate family members of such persons as set out under definition A, which means: the spouse; any partner considered by national law as equivalent to the spouse; the children and their spouses or partners; and the parents.
C) Persons known to be close associates of such persons as set out under definition A, which means: any natural person who is known to have joint beneficial ownership of legal entities or legal arrangements, or any other close business relations, with a person referred to in definition A; any natural person who has sole beneficial ownership of a legal entity or legal arrangement which is known to have been set up for the benefit de facto of the person referred to in definition A.
“Quote” shall mean the information of the current price for a specific Underlying Asset, in the form of the Bid and Ask prices.
“Quote Currency” shall mean the second currency in the Currency Pair which can be bought or sold by the Client for the Base Currency.
“Quotes Base” in relation to CFD trading shall mean Quotes Flow information stored on the Server.
“Quotes Flow” shall mean the stream of Quotes in the Platform for each CFD.
“Services” shall mean the services to be offered by the Company to the Client under this Agreement, as set out in paragraph 6.1. of the Client Agreement.
“Short Position” for CFD trading shall mean a sell position that appreciates in value if underlying market prices fall. For example, in respect of Currency Pairs: selling the Base Currency against the Quote Currency. Short Position is the opposite of a Long Position.
“Slippage” shall mean the difference between the expected price of a Transaction in a CFD, and the price the Transaction is actually executed at. Slippage often occurs during periods of higher volatility (for example due to due to news events) making an Order at a specific price impossible to execute, when market 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.
“Spread” for CFD trading shall mean the difference between Ask and Bid of an Underlying Asset in a CFD at that same moment.
“Swap or Rollover” for CFD trading shall mean the interest added or deducted for holding a position open overnight.
“Trailing Stop” in CFD trading shall mean a stop-loss order set at a percentage level below the market price – for a long position. The trailing stop price is adjusted as the price fluctuates. A sell trailing stop order sets the stop price at a fixed amount below the market price with an attached “trailing” amount. As the market price rises, the stop price rises by the trail amount, but if the pair price falls, the stop loss price doesn’t change, and a market order is submitted when the stop price is hit.
“Transaction” shall mean transaction of the Client in a CFD.
“Transaction Size” for CFD trading shall mean Lot Size multiplied by number of Lots.
“Underlying Asset” shall mean the object or underlying asset in a CFD which may be Currency Pairs, Metals, Equity Indices, Commodities or as determined by the Company from time to time and made available on its Website.
“Underlying Market” shall mean the relevant market where the Underlying Asset of a CFD is traded.
“Website” shall mean the Company’s website at https://DBS Capital.com/ such other website as the Company may maintain from time to time.
“Written Notice” shall have the meaning set out in paragraphs 23.3. and 23.4. of the Client Agreement.
2.2. Words importing the singular shall import the plural and vice versa. Words importing the masculine shall import the feminine and vice versa. Words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and vice versa.
2.3. Paragraph headings are for ease of reference only.
2.4. Any reference to any act or regulation or Law shall be that act or regulation or Law as amended, modified, supplemented, consolidated, re-enacted or replaced from time to time, all guidance noted, directives, statutory instruments, regulations or orders made pursuant to such and any statutory provision of which that statutory provision is a re-enactment, replacement or modification.
3. Application and Commencement
3.1. After the Client fills in and submits the Account Opening Application Form together with all the required identification documentation required by the Company for its own internal checks, the Company will send him a notice informing him whether he has been accepted as a Client of the Company. It is understood that the Company is not to be required (and may be unable under Applicable Regulations) to accept a person as its Client until all documentation it requires has been received by the Company, properly and fully completed by such person and all internal Company checks (including without limitation anti-money laundering checks, appropriateness or suitability tests as the case may be) have been satisfied. 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 Agreement shall take effect and commence upon the receipt by the Client of a notice sent by the Company informing the Client that he has been accepted as the Company’s Client or that a Trading Account has been opened for him. If the Client meets with the Company face to face to conclude the Agreement, then the Agreement shall come into force and effect on signature date.
4. Client Classification
4.1. According to Applicable Regulations, the Company has to categorise its Clients in one of the following categories: Retail Client, Professional Client or Eligible Counterparty. The categorization shall depend on the information provided by the Client in his Account Opening Application Form and according to the method of categorization. By accepting this Agreement, the Client accepts application of such method. The Company will inform the Client of his categorization according to Applicable Regulations. The Client has the right to request different categorization.
4.2. The Client accepts that when categorizing the Client and dealing with him, the Company will rely on the accuracy, completeness and correctness of the information provided by the Client in his Account Opening Application Form and the Client has the responsibility to immediately notify the Company in writing if such information changes at any time thereafter.
4.3. It is understood that the Company has the right to review the Client’s Categorization and change his Categorization if this is deemed necessary (subject to Applicable Regulations).
5. Assessment
5.1. In providing the Service of Reception and Transmission and Execution of Client Orders, the Company is obliged under Applicable Regulations to seek information from a Client or potential Client regarding his knowledge and experience in the investment field relevant to the specific type of service or Financial Instrument offered or demanded, so as to enable the Company to assess whether the service or Financial Instrument is appropriate for the Client. Where the Client or potential Client elects not to provide the information regarding his knowledge and experience, or where he provides insufficient information regarding his knowledge and experience, the Company will not be able to determine whether the service or Financial Instrument is appropriate for him. The Company shall assume that information about his knowledge and experience provided from the Client to the Company is accurate and complete and the Company shall have no responsibility to the Client if such information is incomplete or misleading or changes or becomes inaccurate and the Company will be deemed to have performed its obligations under Applicable Regulations, unless the Client has informed the Company of such changes.
6. Services
6.1. The Client is provided with Access Data to trade on the Company’s electronic Platform on the internet in Financial Instruments (namely CFDs). Orders placed by the Client are received by the Company and transmitted for execution (called straight through processing or STP) directly to another entity called a Liquidity Provider (who may also transmit them to another party; a list of these entities is found on our Website). Trading with the Company involves the provision of the following investment and ancillary services from the Company to the Client:
(a) Reception, transition and Execution of Orders with another entity (not the Company).
(b) Safekeeping and administration of financial instruments, including custodianship and related services such as cash/collateral management, according to paragraph 16 hereunder.
(c) Foreign Currency Services provided they are associated with the provision of the reception and transmission service of paragraph 6.1.(a) and (b).
6.2. It is agreed and understood that the Company offers its Services in relation to various Financial Instruments. However, the Client may be allowed to trade only in one or some of those Financial Instruments.
6.3. It is understood that when trading in CFDs, there is no delivery or safekeeping of the Underlying Asset to which the CFD is referring to.
7. Advice and Commentary
7.1. The Company will may advise the Client about the merits of a particular Order or give him any form of investment advice and the Client acknowledges that even though the Services may include the provision of investment advice in Financial Instruments or the Underlying Markets or Assets,The Client alone will decide how to handle his Client Account and place Orders and take relevant decisions based on his own judgement.
7.2. 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 may wish to seek independent advice before entering into a Transaction.
7.3. 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 otherwise) with information, news, market commentary or other information but not as part of its Services to the Client. 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 Transaction.
This information is provided solely to enable the Client to make his own investment decisions and does not amount to investment advice or unsolicited financial promotions to the Client.
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.
The Client accepts that prior to despatch, the Company may have acted upon it itself to made 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.
7.4. It is understood that 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.
8. Platform
8.1. Subject to the Client’s obligations under the Agreement being fulfilled, the Company hereby grants the Client a limited license, which is non-transferable, non-exclusive and fully recoverable, to use the Platform(s) (including the use if the Website and any associated downloadable software available from time to time) in order to place Orders in a particular Financial Instrument(s). The Company may use different Platforms depending on the Financial Instrument.
8.2. The Company has the right to shut down the Platform(s) at any time for maintenance purposes without prior notice to the Client, this will be done only in weekends, unless not convenient or in urgent cases. In these cases, the Platform(s) will be inaccessible.
8.3. The Client is solely responsible for providing and maintaining the compatible equipment necessary to access and use the Platform(s), which includes at least a personal computer or mobile phone or tablet (depending on the Platform used), internet access by any means and telephone 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 connect to the internet.
8.4. The Client represents and warrants that he has installed and implemented appropriate means of protection relating to the security and integrity of his computer or mobile phone or tablet 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 Platform(s) 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 Platform(s) from his personal computer or mobile phone or tablet.
8.5. The Company will not be liable to the Client should his computer system or mobile phone or tablet 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.
8.6. The Company will not be liable for any such disruptions or delays or problem in any communication experienced by the Client when using the Platform(s).
8.7. Orders with the Company are placed on the Platform(s), with the use of Access Data through the Client’s compatible personal computer connected to the internet. It is agreed and understood that the Company will be entitled to rely and act on any Order given by using the Access Data on the Platform(s) or via phone, without any further enquiry to the Client and any such Orders will be binding upon the Client.
9. Intellectual Property
9.1. The Platform(s), all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme, graphics and data names are the sole and exclusive Intellectual Property (IP) of the Company or of third parties and are protected by local and international intellectual property laws and treaties. This Agreement does not convey an interest in or to the Platform(s) but only a right to use the Platform(s) according to the terms of this Agreement. Nothing in this Agreement constitutes a waiver of the Company’s intellectual property rights.
9.2. Under no circumstances shall the Client obscure or remove any copyright, trademark or any other notices from any of the Company’s IP or Website or Platform(s).
9.3. It is understood that the Company may offer its Services under different trademarks and websites. The Company owns all the images displayed on its Website, the Platform(s) and downloadable software and material. The Client may not use these images in any way other than the manner which the Company provides them for.
9.4. The Client is permitted to store and print the information made available to him through the Company’s Website or Platform(s) including documents, policies, text, graphics, video, audio, software code, user interface design or logos. The Client is not permitted to alter, modify, publish, transmit, distribute, otherwise reproduce commercially exploit that information, in whole or in part, in any format to any third party without the Company’s express written consent.
10. Prohibited Actions
10.1. It is absolutely prohibited for the Client to take any of the following actions in relation to the Company’s systems and/or Platform(s) and/or Client Account:
Use, without the prior and written consent of the Company, of any software, which applies artificial intelligence analysis to the Company’s systems and/or Platform(s) and/or Client Account.
Intercept, monitor, damage or modify any communication which is not intended for him.
Use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Platform(s) or the communication system or any system of the Company.
Send any unsolicited commercial communication not permitted under applicable law or Applicable Regulations.
Do anything that will or may violate the integrity of the Company computer system or Platform(s) or cause such system(s) to malfunction or stop their operation.
Unlawfully access or attempt to gain access, reverse engineer or otherwise circumvent any security measures that the Company has applied to the Platform(s).
any action that could potentially allow the irregular or unauthorized access or use of the Platform(s).
send massive requests on the server which may cause delays in the execution time.
10.2. Should the Company reasonably suspect that the Client has violated the terms of paragraph.
10.1., it is entitled to take one or more of the counter measures of paragraph 14.2. of this Client Agreement.
11. Safety
11.1. The Client agrees to keep secret and not to disclose his Access Data or Client Account number to any third person.
11.2. The Client should not write down his Access Data. If the Client receives a written notification of his Access Data, he must destroy the notification immediately.
11.3. The Client agrees to notify the Company immediately if he knows or suspects that his Access Data or Client Account number have or may have been disclosed to any unauthorized person. The Company will then take steps to prevent any further use of such Access Data and will issue replacement Access Data. The Client will be unable to place any Orders until he receives the replacement Access Data.
11.4. The Client agrees that he will co-operate with any investigation the Company may conduct into any misuse or suspected misuse of his Access Data or Client Account number.
11.5. The Client acknowledges that the Company bears no responsibility if unauthorized third persons gain access to information, including electronic addresses, electronic communication, personal data, Access Data and Client Account number 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.
11.6. If the Company is informed from a reliable source that the Access Data or Client Account number of the Client may have been received by unauthorized third parties, the Company may, at its discretion without having an obligation to the Client, deactivate the Client Account.
12. Placement and Execution of Orders
12.1. The Client may place Orders on the Platform(s) by using his Access Data issued by the Company for that purpose and provided all the Essential Details. In case the Client is facing technical issues, he may close any Open Positions by telephone call providing his Trading Account Number, and identification information requested.
12.2. The Company will be entitled to rely and act on any Order given by using the Access Data on the Platform(s) or via phone without any further enquiry to the Client and any such Orders will be binding upon the Client.
12.3. Orders placed via phone will be placed by the Company on the Electronic Trading System of the Company.
12.4. Orders are executed according to the “Summary of Best Interest and Order Execution Policy”, which are binding on the Client.
12.5. The Company will use reasonable efforts to execute an Order, but it is agreed and understood that despite the Company’s reasonable efforts transmission or execution may not always be achieved at all for reasons beyond the control of the Company.
12.6. Orders may be placed within the normal trading hours of the Company, available on its Website and/or the Platform, as amended from time to time.
13. Decline of Client’s Orders
13.1. Without prejudice to any other provisions herein, the Company is entitled, at any time and at its discretion, without giving any notice or explanation to the Client to restrict the Client’s trading activity, to cancel Orders, refuse to execute any Order of the Client, and the Client has no right to claim any damages, specific performance or compensation whatsoever from the Company, in any of the following cases:
Internet connection or communications are disrupted.
In consequence of request of regulatory or supervisory authorities of Vanuatu or a court order or antifraud or anti-money laundering authorities.
Where the legality or genuineness of the Order is under doubt.
A Force Majeure Event has occurred.
In an Event of Default of the Client.
The Company has sent a notice of Termination of the Agreement to the Client.
The system of the Company rejects the Order due to trading limits imposed.
Under abnormal market conditions.
The Client does not hold adequate funds in his Balance for the specific Order.
The client did not accomplish the compliance procedure
14. Events of Default
14.1. Each of the following constitutes an “Event of Default”:
The failure of the Client to perform any obligation due to the Company.
If an application is made in respect of the Client pursuant to the Seychelles Bankruptcy Act 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.
The Client is unable to pay the Client’s debts when they fall due.
Where any representation or warranty made by the Client in paragraph 29 is or becomes untrue.
The Client (if the Client is an individual) dies or is declared absent or becomes of unsound mind.
Any other circumstance where the Company reasonably believes that it is necessary or desirable to take any action set out in paragraph 14.2.
An action set out in paragraph 14.2 is required by a competent regulatory authority or body or court. (h) The Company reasonably considers that the Client involves the Company in any type of fraud or illegality or breach of Applicable Regulations or the Company is placed at risk of being involved in any type of fraud or illegality or breach of Applicable Regulations if it continues offering Services to the Client, even when this is not due to the Client’s wrongdoing.
The Company reasonably considers that there is a material violation by the Client of the requirements established by legislation of Seychelle or other countries having jurisdiction over the Client or his trading activities, such being materiality determined in good faith by the Company.
If the Company suspects that the Client is engaged into money laundering activities or terrorist financing or card fraud or other criminal activities.
The Company reasonably suspects that the Client performed a prohibited action as set out in paragraph 10.1.
The Company reasonably suspects that the Client performed Abusive Trading.
The Company reasonably suspects that the Client opened the Client Account fraudulently.
The Company reasonably suspects that the Client performed forgery or used a stolen card to fund his Client Account.
14.2. 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) Terminate this Agreement immediately without prior notice to the Client.
(b) Cancel any Open Positions.
(c) Temporarily or permanently bar access to the Platform(s) or suspend or prohibit any functions of the Platform(s).
(d) Reject any Order of the Client.
(e) Restrict the Client’s trading activity.
(f) In the case of fraud, reverse the funds back to real owner or according to the instructions of the law enforcement authorities of the relevant country or of the Payment Network / Institution.
(g) Cancel or reverse any profits or trading benefits and bonus gained through Abusive Trading. Losses resulting from Abusive Trading of the Client cannot be reversed.
(h) Take legal action for any losses suffered by the Company.
(i) Block the IP address of the Client who sends massive requests on the server which may cause delays in the execution time.
15. Reporting and Trade Confirmations
15.1. Under Applicable Regulations, the Company shall provide the Client with reporting on his Orders. In order to comply with the rules in regards to client reporting requirements, the Company will provide the Client with a continuous an online access to his Client Account via the Platform(s) used by the Client; the Client will be able to see in his Client Account the status of his Order, confirmation of execution of the Order as soon as possible (including the trading date, time, type of Order, venue identification, instrument identification, the buy/sell indicator, the nature of the Order, the unit quantity, total consideration, total sum of commissions and expenses) his trading history, his Balance and other information. The Client has the right to ask the Company to send reports by email.
15.2. If the Client has a reason to believe that the Confirmation is wrong or if the Client does not receive any Confirmation when he should, the Client shall contact the Company ten Business Days from the date the Company of the Order was sent or ought to have been sent (in the event that a Conformation was not sent). If the Client expresses no objections during this period, the content is considered as approved by him and shall be deemed conclusive.
16. Client Money Handling Rules
16.1. The Company will promptly place any Client money it receives into one or more of the company’s account(s) and or any other account(s) they will choose at the company’s sole discretion.
16.2. The Client funds may be held with the company’s own money and or other clients funds.
16.3. Client money may be held on the Client’s behalf with counterparty within or outside the country.
16.4. The Company shall not pay to the Client any interest earned on Client money (other than profit gained through trading Transactions from his Client Account(s) under this Agreement) and the Client waives all right to interest.
16.5. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
17. Client Accounts, Deposits and Withdrawals
17.1. The Company shall open one or more a Client Account(s) for the Client to allow him to place Orders in particular Financial Instruments.
17.2. It is agreed and understood that the types of the different Client Accounts offered by the Company and the characteristics of such Client Accounts are found on the Website and are subject to change at the Company’s discretion and according to paragraph 25 hereunder.
17.3. The Client Account shall be activated upon the Client depositing the minimum initial deposit, as determined and mended by the Company in its discretion from time to time. The minimum initial deposit may vary according to the type of Client Account offered to the Client.
17.4. The Client may deposit funds into the Client Account at any time during the course of this Agreement. Deposits will be made via the methods and in the currencies accepted by the Company from time to time. The detailed information about deposit options is shown on the Website.
17.5. The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into the Client Account. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds.
17.6. If the Client makes a deposit, the Company shall credit the relevant Client Account with the relevant amount actually received by the Company within one Business Day following the amount is cleared in the bank account of the Company.
17.7. 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 banking 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 bank performing the investigation. The Client understands and aggress that in order to perform the investigation the Client shall have to provide the Company with the requested documents and certificates.
17.8. The Company shall make withdrawals of Client funds upon the Company receiving a relevant request from the Client in the method accepted by the Company from time to time.
17.9. Upon the Company receiving an instruction from the Client to withdraw funds from the Client Account, the Company shall pay the said amount within two (7) Business Days, if the following requirements are met:
(a) the withdrawal instruction includes all required information;
(b) the instruction is to make a transfer to the originating account (whether that is a bank account, a payment system account etc) from which the money was originally deposited in the Client Account or at the Client’s request to a bank account belonging to the Client;
(c) the account where the transfer is to be made belongs to the Client and under his name;
(d) at the moment of payment, the Client’s Balance exceeds the amount specified in the withdrawal instruction including all payment charges;
(e) at the moment of payment, there are no open positions in the Client’s trading account;
(f) there is no Force Majeure event which prohibiting the Company from effecting the withdrawal.
17.10. It is agreed and understood that the Company will not accept third party or anonymous payments in the Client Account and will not to make withdrawals to any other third party or anonymous account.
17.11. The Company reserves the right to reasonably decline a withdrawal request of the Client asking for a specific transfer method and the Company has the right to suggest an alternative.
17.12. All payment and transfer charges of third parties will be borne by the Client and the Company shall debit the relevant Client Account for these charges.
17.13. The Client may send the request for internal transfer of funds to another Client Account held by him with the Company. Such internal transfers shall be subject to the Company’s policy from time to time.
17.14. Mistakes made by the Company during transfer of funds shall be refunded to the Client. It is understood that should the Client provide wrong instructions for a transfer; the Company may be unable to correct the mistake and the Client may have to suffer the loss or pay additional fee’s to correct the mistake.
18. Inactive and Dormant Client Accounts
18.1 If the Client Account is inactive for 60 days meaning there is no trading, no open positions, no withdrawals or deposits, then the account will be charged by monthly maintenance fee of 50 US Dollars per month.
18.2. If the Client Account is inactive for one year or more the Company reserves the right render the account dormant. Both of this fee’s will be deducted automatically and non-refundable/reimbursable.
18.3. If the Client Account is not verified within 30 days from the first deposit, the account will be charged by monthly fee of 20 US Dollars.
19. Lien
19.1. 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 the satisfaction of his obligations under this Agreement.
20. Netting and Set-Off
20.1. If the aggregate amount payable by the Client is equal to the aggregate amount payable by the Company, then automatically the mutual obligations to make payment are set-off and cancel each other.
20.2. If the aggregate amount payable by one party 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.
20.3. 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.
21. Fees, Taxes and Inducements
21.1. The provision of the Services by the Company is subject to payment of fees such as brokerage fees, commissions, Swaps, special service and other fees. These are found on the Website and/or the Platform.
21.2. It is agreed and understood that the Client shall be solely responsible for all filings, tax returns and reports 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 his trading activity with the Company hereunder.
21.3. The Client undertakes to pay all stamp expenses relating to this Agreement and any documentation which may be required for the currying out of the transactions under this Agreement.
21.4. Should the Company pay or receive any fees or inducements for the introduction of the Client, it shall notify the Client according to Applicable Regulations.
22. Language
22.1. 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 do not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.
23. Methods of Communications and Written Notices
23.1. Unless the contrary is specifically provided in this Agreement, any notice, request or other communication to be given to the Company by the Client under the Agreement (other than placing Orders) 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, or commercial courier service and shall be deemed delivered only when actually received by the Company. 23.1. Unless the contrary is specifically provided in this Agreement, any notice, request or other communication to be given to the Company by the Client under the Agreement (other than placing Orders) 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, or commercial courier service and shall be deemed delivered only when actually received by the Company.
23.2. In order to communicate with the Client, the Company may use any of the following methods: email, Platform’s internal mail, facsimile transmission, telephone, post, commercial courier service, air mail or the Company’s Website.
23.3. The following methods of communication are considered as Written Notice from the Company to the Client: email, Platform’s internal mail, facsimile transmission, post, commercial courier service, air mail or the Company’s Website.
23.4. The following methods of communication are considered as Written Notice from the Client to the Company: email, facsimile transmission, post, commercial courier service or air mail or commercial courier.
23.5. Without prejudice to paragraph 23.9., any communications sent to either Party, as applicable, (documents, notices, confirmations, statements, reports etc.) are deemed received:
If sent by email, within one hour after emailing it and provided the email has left from the sender’s outlook.
If sent by the Platform’s internal mail, immediately after sending it.
If sent by facsimile transmission, upon receipt by the sender of a transmission report from its facsimile machine confirming receipt of the message by recipient’s facsimile machine.
If sent by telephone, once the telephone conversation has been finished.
If sent by post, seven 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, eight Business Days after the date of their dispatch.
If posted on the Company Webpage, within one hour after it has been posted.
23.6. 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 latter on. Hence, the Client has an obligation to notify the Company immediately of any change in the Client’s contact details.
23.7. Faxed documents received by the Company may be electronically scanned and reproduction of the scanned version shall constitute evidence.
23.8. The Client shall be able to call the Company within its normal working hours. The Company may contact the Client outside its normal working hours.
23.9. Any Written Notices sent to the Company shall have to be received within the working hours of the Company. Notwithstanding paragraph 23.5., any Notices received outside the normal working hours shall be treated as being received the following Business Day.
24. Personal Data, Confidentiality, Recording of Telephone Calls and Records
24.1. The Company may collect client information directly from the Client (in his completed Account Opening Application Form or otherwise) or from other persons including, for example, the credit reference agencies, fraud prevention agencies, banks, other financial institutions, third authentication service providers and the providers of public registers.
24.2. 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, anti-money laundering and due diligence checks, for research and statistical purposes and for marketing purposes. Information already in the public domain, or already possessed by the Company without a duty of confidentiality will not be regarded as confidential.
24.3. The Company has the right to disclose Client information (including recordings and documents of a confidential nature, card details) in the following circumstances:
(a) Where required by law or a court order by a competent Court.
(b) Where requested any regulatory 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 or prevent fraud, money laundering or other illegal activity.
(d) To such an extent as reasonably required so as to execute Orders and for purposes ancillary to the provision of the Services.
(e) To credit reference and fraud prevention agencies, third authentication service providers, banks and other financial institutions for credit checking, fraud prevention, anti-money laundering purposes, identification or due diligence checks of the Client. To do so they 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) 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) To a Trade Repository or similar under the Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties (CCPs) and trade repositories (TRs) (EMIR).
(I) To other service providers for statistical purposes in order to improve the Company’s marketing, in such a case the data will be provided in an aggregate form.
(j) To market research call centers that provide telephone or email surveys with the purpose to improve the services of the Company, in such a case only the contact details the data will be provided.
(k) Where necessary in order for the Company to defend or exercise its legal rights to any court or tribunal or arbitrator or Ombudsman or governmental authority.
(l) At the Client’s request or with the Client’s consent.
(m) To an Affiliate of the Company or any other company in the same group of the Company.
(n) To successors or assignees or transferees or buyers, with ten Business Days prior Written Notice to the Client, and for the purposes of paragraph 34.2. of the Client Agreement.
(o) Client Information is disclosed in relation to US taxpayers.
24.4. If the Client is a natural person, the Company will use, store, process and handle personal information provided by the Client in connection with the provision of the Services, in accordance the Processing of Personal Data (Protection of the Individual) Law of 2001 and the Company is obliged to supply the Client, on request, with a copy of personal data which it holds about the Client (if any), provided that the Client pays an administrative fee.
24.5. By entering into this Agreement, the Client will be consenting to the transmittal of the Client’s personal data outside the European Economic Area, according to the provisions of Processing of Personal Data (Protection of the Individual) Law of 2001 for the reasons specified in paragraph 24.3.
24.6. Telephone conversations between the Client and the Company may be recorded and kept by the Company and recordings will be the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations so recorded.
24.7. 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.
24.8. The Client accepts that the Company or any Affiliate of the Company or any other company in the same group of the Company may make contact with the Client, from time to time, by telephone, fax, email or post for marketing purposes to bring to the Client’s attention products or services that may be of interest to him or to conduct market research. If the Client is a natural person such marketing communications will be made only with the Client’s consent.
24.9. Under Applicable Regulations, the Company will keep records containing Client personal data, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement.
25. Amendment of the Agreement
25.1. The Company may upgrade the Client Account, convert Client Account type, upgrade or replace the Platform or enhance the services offered to the Client if it reasonably considers this is to the Clients advantage and there is no increased cost to the Client.
25.2. The Company may also change any terms of the Agreement (which includes this Client Agreement and its Appendices and Client Classification Policy, Investor Compensation Fund, Summary of Conflicts of Interest Policy, Summary Best Interest and Order Execution Policy, Risk Disclosure and Warnings Notice, Complaints Procedure for Clients) for any of the following reasons:
(a) Where the Company reasonably considers that:
the change would make the terms of the Agreement easier to understand; or
the change would not be to the disadvantage of the Client.
(b) To cover:
the involvement of any service or facility the Company offers to the Client; or
the introduction of a new service or facility; or
the replacement of an existing service or facility with a new one; or
the withdrawal of a service or facility which has become obsolete, or has ceased to be widely used, or has not been used by the Client at any time in the previous year, or it has become very expensive for the Company to offer.
(c) To enable the Company to make reasonable changes to the services offered to the Client as a result of changes in:
the banking, investment or financial system; or
technology; or
the systems or Platform used by the Company to run its business or offer the Services hereunder.
(d) As a result of a request of any authority or as a result of change or expected change in Applicable Regulations.
(e) Where the Company finds that any term in the Agreement is inconsistent with Applicable Regulations. In such a case, it will not rely on that term but treat it as if it did reflect the relevant Applicable Regulations and shall update the Agreement to reflect the Applicable Regulations.
25.3. As long as the Client is able to end the Agreement without charge, the Company may change any of the terms of the Agreement for any reason not listed under paragraph 25.2.
25.4. For any change made paragraphs 25.2. and 25.3., the Company shall provide the Client with advance Written Notice of at least 15 Business Days. However, the Client acknowledges that a change which is made to reflect a change of Applicable Regulations may, if necessary, take effect immediately.
25.5. For any change in Agreement, where the Company elects to provide Written Notice via a post on the Website, the Company shall also provide the said Written Notice with an additional means of Written Notice.
25.6. When the Company provides Written Notice of changes under paragraphs 25.2 and 25.3. it shall tell the Client the date it comes into effect. The Client shall be treated as accepting the change on that date unless, before then, the Client informs the Company that the Client wishes to terminate the Agreement and not accept the change. The Client shall not have to pay any charges as a result of terminating in this case, other than costs due and payable for Services offered until the termination.
25.7. The Company shall have the right to review its costs, fees, charges, commissions, financing fees, swaps, trading conditions, execution rules, bonuses policy, risk free policy, roll over policy and trading times, found on the Company’s website and/or Platform, from time to time. Such changes shall be effected on the Website and /or the Platform and the Client is responsible to check for updates regularly. In the absence of a Force Majeure event, the Company shall be providing the Client with advance notice on its Website of at least 15 Business Days. The Client shall be treated as accepting the change on that date unless, before then, the Client informs the Company that the Client wishes to terminate the Agreement and not accept the change. The Client shall not have to pay any charges as a result of terminating in this case, other than costs due and payable for Services offered until the termination.
25.8. The Company shall have the right to review the Client’s Categorization, according to Applicable Regulations and inform the Client accordingly of the change before it comes into effect by providing the Client with advance notice of at least five (5) Business Days. Notwithstanding paragraph 25.1, changing the Client’s Categorization may also mean changing the type of Client Account of the Client. The Client shall be treated as accepting the change on that date unless, before then, the Client informs the Company that the Client wishes to terminate the Agreement and not accept the change.
26. Termination and Results of Termination
26.1. Without prejudice to the Company’s rights under this Agreement to terminate it immediately without prior notice to the Client, each Party may terminate this Agreement with immediate effect by giving at least 15 Business Days Written Notice to the other Party.
26.2. Termination by any Party will not affect any obligation which has already been incurred by either Party or any legal rights or obligations which may already have arisen under the Agreement or any Transactions made hereunder.
26.3. Upon termination of this Agreement, all amounts payable by the Client to the Company will become immediately due and payable including (but without limitation) all outstanding costs and any other amounts payable to the Company, any charges and additional expenses incurred or to be incurred by the Company as a result of the termination of the Agreement.
26.4. Once notice of termination of this Agreement is sent and before the termination date:
(a) the Client will have an obligation close all his Open Positions. If he fails to do so, upon termination, the Company will close any Open Positions;
(b) the Company will be entitled to cease to grant the Client access to the Platform(s) or may limit the functionalities the Client is allowed to use on the Platform(s);
(c) the Company will be entitled to refuse to accept new Orders from 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.
26.5. 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;
(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;
(e) In absence of illegal activity or suspected illegal activity or fraud of the Client or instructions from the relevant authorities, if there is Balance in the Client’s favor, the Company will (after withholding such amounts that in the Company’s absolute discretion considers appropriate in respect of future liabilities) 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 thirty party payments.
27. Force Majeure
27.1. A Force Majeure Event includes without limitation each of the following and which makes it impossible or very impractical for the Company to comply with the Agreement:
(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.
(b) Act of God, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster.
(c) Labour disputes and lock-out.
(d) Suspension of trading on a market or the liquidation or closure of any market, or the fixing of minimum or maximum prices for trading on a market 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 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, supervisory, regulatory or supranational body or authority.
(f) Breakdown, failure or malfunction of any electronic, network and communication lines (not due to the bad faith or wilful default of the Company).
(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.
27.2. 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 all of the following steps, as necessary:
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.
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.
Shut down the Platform(s) in case of malfunction for maintenance or to avoid damage.
Cancel any Client Orders.
Refuse to accept Orders from Clients.
Inactivate the Client Account.
Increase Margin requirements without notice.
Close out any or all Open Positions at such prices as the Company considers in good faith to be appropriate.
Increase Spreads.
Decrease Leverage.
27.3. 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.
28. Limitations of Liability and Indemnity
28.1. 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, willful default 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.
28.2. 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:
Any error or failure or interruption or disconnection in the operation of the Platform(s), or any delay caused by the Client Terminal or Transactions made via the Client Terminal, any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects.
Any failure by the Company to perform any of its obligations under the Agreement as a result of Force Majeure Event or any other cause beyond its control.
The acts, omissions or negligence of any third party.
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.
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.
Any of the risks of the Risks Disclosure and Warnings Notice.
Currency risk.
Any changes in the rates of tax.
The occurrence of Slippage.
The Client relying on functions such as Trailing Stop, Expert Advisor and Stop Loss Orders.
Under abnormal Market Conditions.
Any acts or omissions (including negligence and fraud) of the Client and/or his Authorized Representative.
For the Client’s or his Authorised Representative’s trading decisions.
All Orders given through and under the Client’s Access Data.
The contents, correctness, accuracy and completeness of any communication spread by the use of the Platform(s).
As a result of the Client engaging in Social Trading (if applicable).
28.3. If the Company, its Directors, Officers, employees, Affiliates, or Agents incur any claims, damage, liability, costs or expenses, which may arise in relation to the execution or as a result of the execution of the Agreement and/or in relation to the provision of the Services and/or in relation to the use of the Platform(s), that the Company, its Directors, Officers, employees, Affiliates, or Agents bear no responsibility whatsoever, it is the Client’s responsibility to indemnify the Company for such.
28.4. The Company shall in no circumstances be liable to the Client for any consequential, special, incidental or indirect losses, damages, loss of profits, loss of opportunity (including in relation to subsequent market movements), costs or expenses the Client may suffer in relation to the Agreement, the provision of the Services or the use of the Platform(s).
28.5. The Company’s cumulative liability to the Client shall not exceed the fees paid to the Company under this Agreement in relation to the particular Client for the Provision of the Services and use of the Platform(s).
29. Representations and Warranties
29.1. The Client represents and warrants to the Company the following:
The Client is at least 18 years old, or the age of legal consent for engaging in financial investment activities under the laws of any jurisdiction that applies to him.
The Client is of sound mind and capable of taking decisions for his own actions.
There are no restrictions on the markets or financial instruments in which any Transactions will be sent for execution, depending on the Client’s nationality or religion.
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.
The Client will not use the IP or the Platform or Website in contravention to this Agreement, or for unauthorized or unlawful purposes and that he will use the IP, Platform and Website only for the benefit of his Client Account and not on behalf of any other person.
The Client is duly authorised to enter into the Agreement, to give Orders and to perform its obligations hereunder.
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 authorised to do so.
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 all the documents required by the Company for this purpose are received.
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.
The Client has read and fully understood the terms of the Agreement including the information in the Appendices.
The Client funds used for trading are not in any direct or indirect way the proceeds of any illegal activity or used or intended to be used for terrorist financing.
The Client is not a Politically Exposed Person and does not have any relationship (for example relative or business associate) with a person who holds or held in the last twelve months a prominent public position. If the above statement is untrue and in the event that the Client has not disclosed this already in the Account Opening Application Form, he will inform the Company as soon as possible will notify the Company if at any stage during the course of this Agreement he becomes a Politically Exposed Person.
The Client is not from the USA, North Korea, Japan, Turkey, Israel, Iran, as the Company does not accept Clients from these countries.
He has read and understands the Risks Disclosure and Warnings Notice.
The Client consents to the provision of the information of the Agreement by means of a Website or email.
The Client confirms that he 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 Agreements, Policies and information about the nature and risks of investments by posting such information on the Website or email. Should the Client wish, he may request for these to be sent by post or fax.
30. Complaints and Disputes
30.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients.
30.2. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice.
30.3. It is noted that the Client, depending on the amount of the compliant, may have the right under Applicable Regulations, to make a complaint at the Financial Services Commission.
30.4. The Client’s right to take legal action remains unaffected by the existence or use of any complaint’s procedures referred to above.
31. Applicable and Governing Law and Applicable Regulations
31.1. If a settlement is not reached by the means described in paragraph 30.1, all disputes and controversies arising out of or in connection with the Agreement shall be finally settled in court in Seychelle.
31.2. This Agreement is governed by the Laws of Seychelle.
31.3. All transactions on behalf of the Client shall be subject to Applicable Regulations.
31.4. All rights and remedies provided to the Company under the Agreement are cumulative and are not exclusive of any rights or remedies provided by law.
32. Severability
32.1. 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 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.
33. Non-Exercise of Rights
33.1. Either Party’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 of right or remedy to which that Party is entitled under this Agreement, shall not constitute an implied waiver thereof.
34. Assignment
34.1. 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 15 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, 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.
34.2. It is agreed and understood that in the event of transfer, assignment or novation described in paragraph 34.1 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 15 Business Days prior Written Notice to the Client.
34.3. 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.
35. Introducer
35.1. In cases where the Client is introduced to the Company through a third person such as a business introducer or associate or affiliate (“Introducer”), the Client acknowledges that the Company is not bound by any separate agreements entered into between the Client and the Introducer. It is also made clear that the IBs are not authorized by us to bind the Company in any way, to offer credit in our name, to offer guarantees against losses, to offer investment services or legal, investment or tax advice in our name or collect your money.
35.2. The Client acknowledges that the Company shall pay the Introducer with inducements for the introduction of Clients, calculated as a percentage on the Client’s initial deposit with the Company. More details on such inducements will be disclosed to the Client upon request.
36. Authorized Representative
36.1. The Company may in certain cases accept an Authorized Representative on behalf of the Client to place Orders to the Company or to handle any other matters related to the Client Account or this Agreement, provided the Client notifies the Company in writing of the appointment of an Authorized Representative and this person is approved by the Company fulfilling all of the Company specifications for this.
36.2. Unless the Company receives a written notification from the Client for the termination of the authorization of Authorized Representative, the Company, without prejudice to paragraph.
36.3. herein below, has the right to continue accepting Orders and/ or other instructions relating to the Client Account by the Authorized Representative on the Client’s behalf and the Client will recognize such orders as valid and committing to him.
36.4. The written notification for the termination of the authorization of the Authorized Representative has to be received by the Company with at least 5 days’ notice prior the termination of the authorization date.
36.5. The Company has the right (but NOT an obligation to the Client) to refuse to accept Orders and/ or other instructions relating to the Client Account from the Authorized Representative in any of the following cases:
(a) if the Company reasonably suspects that the Authorized Representative is not legally allowed or properly authorized to act as such;
(b) an Event of Default occurred;
(c) in order for the Company to ensure compliance with the relevant market rules and or practices, Applicable Regulations or other applicable laws;
or (d) in order to protect the interest of the Client.
37. Multiple Account Holders
37.1. Where the Client comprises two or more persons, the liabilities and obligations under the Agreement shall be joint and several. Any warning or other notice given to one of the persons which form the Client shall be deemed to have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client.
37.2. In the event of the death or mental incapacity of one of the persons who form the Client, all funds held by the Company or its Nominee, will be for the benefit and at the order of the survivor(s) and all obligations and liabilities owed to the Company will be owed by such survivor(s).
38. Bonus
38.1. Any bonus or similar benefits provided by the Company from time to time shall be governed by their terms and conditions.
38.2. The Client has the right and not an obligation to accept a Bonus or similar benefits.
38.3. The bonus will be credited to a client’s trading account once the client is accepted by the company and fully accomplished the compliance procedure.
38.4. The company offers two schemes of bonuses:
38.4.1. 50% bonus on the first deposit if it is between 2-10 thousand.
38.4.2. Up to 25% bonus on each additional deposit with no limitation to the amount.
38.5. The Bonus shall become a part of the deposit for securing trading results, but shall not be available for withdrawal, unless the required trading volume has been performed in the Trading Account (the “Required Volume”). The required trading volume on the customer’s account is that a customer wagers a total account volume which will be equal to twenty five thousand (25,000) times the leveraged amount of the specific deposit that the bonus was attached/given to. Each bonus credit will be calculated separately counting from the date it was credited to the account. Multiple bonus credits will be calculated individually from old to new.
38.6. Withdrawal funds from account with a bonus:
38.6.1. The client can withdrawal his initial deposit at any time when the withdrawal requirements are met (17.9).
38.6.2. If the Client has asked to withdraw funds from his Trading Account before the Required Volume has been achieved, then the Credit and any profits shall forfeit if only initial deposit is withdrawn from the account’s Balance (the Client shall be entitled to withdraw his initial deposit funds as present in the Trading Account, i.e., minus trading loses, commission(s) and any other loss or expense).
38.7. In cases where a Client has several accounts the bonuses on these accounts will be considered as one and a forfeiture of a bonus on one of the accounts implied by a withdrawal will induce a forfeiture of the bonuses on all the other accounts as well or individually depends on the client membership.
38.8. All bonuses or special promotions that the company offer or will offer in the future are subject to specific promotional terms and conditions.
38.9. The clients of the company will benefit from a “Friend Referral” bonus when they refer a friend, subject to the same abovementioned withdrawal conditions.
38.10. The Bonus can be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms and Conditions without further explanation.
38.11. Taking part in Bonus Offer constitutes acceptance of this Bonus Terms and Conditions. The Company reserves the right to adjust, amend or terminate this Offer, or any aspect of it, at any time and will notify the clients via e-mail and by posting on the Company’s website.
38.12. This Bonus Terms and Conditions will be sent to the Client via e-mails Trading Agreement and will be returned back signed and accepted before the bonus is credited to the Client’s account.
38.13. Any dispute or situation not covered by this Bonus Terms and Conditions will be resolved by the Company’s management in the manner that seems to be the fairest to all concerned. That decision shall be final and/or binding all parties.
38.14. If this Bonus Terms and Conditions were to be translated into a language other than English, then the English version of the Policy shall prevail where there is an inconsistency.
38.15. Bonus will be cash withdrawable upon completion of required trading volume.
38.16. The bonus is structured to help clients in loss by increasing traders buying power and aid in margin.
38.17. The Company has the right to remove any bonus and any profits made using this particular bonus upon suspicion of abuse of credit.
38.18. The Company has the right to deny a bonus to client without further explanation.
39. Risk Free Trade
Subject to all Terms, “PTA” (Protected Trading Account) is available to Participants who have satisfied the Eligibility Criteria for the Promotion advertised and have been fully approved by Compliance.
The Offers relate to a minimum approved deposit of 5,000 USD and up to 10,000 USD deposit.
Protected trade will be valid only on the first trade.
The protected time period is limited to maximum of 15 days (including weekends) from the account activation date.
It is the client’s responsibility to contact the Company to claim a refund in case of a loss on the first risk free trade. The risk department will review the request and in the case that all conditions were met, the loss will be refunded up to 48 hours from the claim date. This promotion shall be valid according to the company’s decision and sole discretion.
This promotion shall be valid according to the company’s decision and sole discretion.
39.1. The Company reserves the right to alter, amend or terminate this Promotion, or any aspect of it, at any time without prior notice. We may make changes to this Promotion’s Terms and will notify you of these changes by posting the modified terms on the website. We recommend that you revisit these Promotion terms regularly, and by your continued use of the website and services, you accept any such modified terms.
39.2. Any dispute or situation not covered by these Promotional Terms will be resolved by our management team in a manner it deems to be the fairest to all concerned. The decision shall be final and/or binding on all entrants. No correspondence will be entered into.
39.3. If these Promotion Terms are translated into a language other than English, then the English version of the Rules shall prevail where there are any inconsistencies.
Appendix 1 – CFD TRADING
TERMS Appendix 1 – CFD TRADING TERMS
⦁ Scope
1.1. This Appendix is applicable only to those Clients trading in the Financial Instruments of CFDs.
2. Types of CFD Orders
2.1. The following CFD Orders may be placed with the Company, depending on the types of Client Account the Client has:
⦁ Previously Quoted. The Client sends new Orders with a reference to a previously received executable price.
⦁ Limit. Orders executed according to Client specifications at the limit price or better until they are filled, canceled, or expired. ⦁ Market. Orders are executed immediately at the best available price in the system.
⦁ Market Range. Orders are executed immediately at the best available price in the system as long as the slippage is within the range specified.
⦁ Stop. Orders are active but do not execute until the market price reaches the Order’s trigger price. Orders are then executed as market or market range orders depending on whether or not the related field is specified.
⦁ Stop Limit. Orders are active but do not execute until the market price reaches the Order’s trigger price. Orders are then executed as limit orders at the order limit price or better.
3. Placing, Cancelling or Removing Orders and Execution of Client Orders
3.1. Orders can be placed, executed and changed or removed within the Trading Hours for each type of CFD appearing on the Company’s Website as amended from the Company from time to time.
3.2. Pending Orders, not executed, shall remain effective through the next trading session (as applicable).
3.3. Market Orders not executed because there is not enough volume to fill them, will not remain effective and will be cancelled.
3.4. All open spot positions will be rolled over to the next business day at the close of business in the relevant Underlying Market, subject to the Company’s rights to close the open spot position. Any open forward positions will be rolled over at the expiry of the relevant period into the next relevant period subject to the Company’s rights to close the open forward position.
3.5. Orders shall be valid in accordance with the type and time of the given Order, as specified by the Client. If the time of validity of the order is not specified, it shall be valid for an indefinite period. However, the Company may delete one or all pending orders if the Client Account Equity reaches zero.
3.6. Orders cannot be changed or removed after placed in the market. Stop Loss and Take Profit Orders may be changed even if the trade was placed in the market as long as they are higher in distance than a specific level (depending on the trading symbol).
3.7. The Client may change the expiry date of Pending Orders or delete or modify a Pending Order before it is executed.
3.8. The Company shall receive and transmit for execution to the Liquidity Provider all Orders given by the Client strictly in accordance with their terms. The Company will have no responsibility for checking the accuracy of any Order.
3.9. CFD Orders are executed as:
CFD on currency pairs:
Take Profit (T/P) orders are executed at stated prices;
Stop Loss (S/L) orders set for lock positions are executed at first market prices;
Limit orders are executed at stated prices;
Buy Stop and Sell Stop orders for position opening are executed at first market prices.
CFD on other underlying assets:
Take Profit (T/P) orders are executed at stated prices;
Limit orders are executed at stated prices;
Stop Loss (S/L) orders are executed at first market prices;
Buy Stop and Sell Stop orders for the opening position are executed at first market prices.
3.10. During the course of this Agreement in relation to all individual CFD trading the Company will receive the Client Orders and transmit them for execution to a third party (called the Liquidity Provider) who may in turn transmit the order to another party for execution. The Company will not be the counterparty in a CFD. A list of the Company’s execution venues is available on the Website.
3.11. The Company is under no obligation, unless otherwise agreed in the Agreement, to monitor or advise the Client on the status of any Transaction or to close out any Client’s Open Positions. When the Company decides to do so, this will be done on a discretionary basis and will not be considered an undertaking of an obligation to continue.
3.12. It is the Client’s responsibility to be aware of his positions at all times.
3.13. The Quotes appearing on the Client’s terminal are based on the quotes from liquidity providers and are indicative quotes and hence the actual execution price may vary depending on the market conditions. For example, if there is high volatility in the Underlying Market the execution of the Order may change due to execution time and also the Client may ask for price but he will get the first price that will be in the market and this may result in positive or negative Slippage for the Client.
3.14. In the event that the Company is unable to proceed with an Order, with regard to price or size or other reason, depending on the Order type, the Order may be rejected or partially filled. The Company offers STP execution of Orders and hence re-quotes from the Company are not possible.
4. Costs, Financing Charges, Swaps
4.1. The Company’s BID and ASK prices for a given CFD are calculated by reference to the price of the relevant Underlying Asset, which the Company obtains from third party external reference sources (i.e. from the Liquidity Providers). The difference between the BID and ASK prices quoted of a given CFD is the Spread. The Company may choose to increase the Spread between the BID and ASK prices it quotes Clients compared to the Prices it obtains from third party external reference sources. These appear on the Website.
4.2. When the relevant Underlying Market is closed, the Quotes provided by the Company will reflect what the Company thinks to be the current Bid and Ask price of the relevant Underlying Asset at that time. The Client acknowledges that such Quotes will be set by the Company at its absolute discretion.
4.3. For opening a position in some types of CFDs the Client may be required to pay commission or financing fees, the amount of which shall be disclosed on the Company’s Website. Commissions may be charged either in the form of a percentage of the overall value of the trade or as fixed amounts. In the case of financing fees, the value of opened positions in some types of CFDs is increased or reduced by a daily financing fee “swap rate” throughout the life of the contract.
4.4. Swaps are shown on the Company’s trading platform.
5. Lots
5.1. The 1 (one) standard lot size is the measurement unit specified for each CFD. The Company may offer standard lots, micro-lots and mini-lots, in its discretion, as defined from time to time in the Contract Specifications or the Company’s Website.
6. Trailing Stop, Expert Advisor and Stop Loss Orders
6.1. The Client agrees that trading operations using additional functions of the Client Trading Terminal such as Trailing Stop and/or Expert Advisor are executed completely under the Client’s responsibility, as they depend directly on his trading terminal and the Company bears no responsibility whatsoever.
6.2. The Client agrees that placing a Stop Loss Order will not necessarily limit losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price and the Company bears no responsibility whatsoever.
7. Margin Requirements
7.1. The Client shall provide and maintain the Initial Margin and/or Hedged Margin in such limits as the Company, at its sole discretion, may determine at any time under the Contract Specifications for each type of CFD.
7.2. Unless a Force Majeure Event has occurred, the Company has the right to change the Margin requirements, giving to the Client three (3) Business Days Written Notice prior to these amendments and the Company has the right to apply new Margin requirements to the new positions.
7.3. The Company has the right to change Margin requirements without prior notice to the Client in the case of Force Majeure Event and especially when there are abnormal market conditions. In this situation the Company has the right to apply new Margin requirements to the new positions and to the positions which are already open.
7.4. Without prejudice to paragraph 13.1. of the Client Agreement, the Company has the right to close at market prices and or limit the size of Client Open Positions and to refuse new Client Orders to establish new positions in any of the following cases:
The Company considers that there are abnormal trading conditions.
The value of Client collateral falls below the minimum margin requirement.
At any time, equity (current balance including open positions) is equal to or less than a specified percentage of the margin (collateral) needed to keep the open position.
The Company makes a Margin Call (i.e., the Platform automatically notifies the Client) and the Client fails to meet it.
7.5. When the Platform automatically warns the Client that it reached a specific percentage of the Margin in the Client Account, then the Client should take any or any of the three options to deal with the situation:
Limit his exposure (close trades); or
Hedge his positions (open counter positions to the ones he has right now) while reevaluating the situation; or
Deposit more money in his Client Account.
7.6. When the Client reaches 20% of the Margin in the Client Account, his positions will start closing automatically at market prices (Stop Out level of 20%) starting with the most losing Order and the Company has the right to refuse a new Orders.
7.7. Margin must be paid in monetary funds in the Currency of the Client Account.
7.8. The Client undertakes neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the Margin transferred to the Company.
TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE
This Agreement is entered by and between DBS Capital (hereinafter called the “The Company” or “us”) 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 and has been accepted by the Company as a Client (“Client” or “you”) on the other part.
Trademarks-Intellectual Property Rights
The company is the owner of the Copyright in the pages and in the screens displaying this website, and in the information and material therein and in their arrangement, unless otherwise indicated. The company holds the exclusive rights or license to use or any other license for all kinds of trade names and trademarks contained and/or appearing in this website.
Change of Information and Materials
All information and materials contained in the website of The Company, and all terms, conditions, prerequisites and descriptions contained herein, are subject to change without any prior notice.
Limitation of Liability
The company does not provide any warranty as to the accuracy, adequacy or completeness of the information and materials contained in its websites and expressly rejects any liability for any errors and/or omissions regarding in this regard. The company does not provide any warranty of any kind implied expressed or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, in conjunction with the information and materials thereof. Hyperlinks to other internet resources are followed at your risk; the content, accuracy, opinions expressed and other links provided by these resources are not controlled, investigated, verified, monitored and/or endorsed by The Company. The company shall not be liable for a) any damages, losses or expenses which arise in connection to this website or its use or inability to use by any person or in connection to the inability to execute an order, error, omission, interruption, fault, delay in operation or transmission, computer viruses, communication failure or line or system failure, even if The company or its representatives have been informed about the possibility of such damages, losses or costs and b) for errors or inaccuracies in the transmission process of data and/or Orders in CFDs trading or any instructions from the client/visitor of the site, interference, fraudulent impersonation, breaking of secret access codes, erroneous recording or transmission of message or system failure due to force majeure or for whatever other reason which is not due to breach of the above either by The company. The company shall not be liable for any damage that may occur to the hardware or software of the user that may arise as a result of the use of this website and/or land or in connection of this website with other websites or internet resources.
Intended Users
This website is not intended for any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
Cookies
When you use our software, it will enable us to use cookies in relation to your access to our website. Cookies are small files of information, which often include a unique identification number or value, which are stored on your computer’s hard drive as a result of you using this trading software and accessing the website. The purpose of this information is to provide you with a more relevant and effective experience on the website, including presenting websites according to your needs or preferences. Cookies are frequently used on many websites on the internet and you can choose if and how a cookie will be accepted by changing your preferences and options in your browser. Some of our business partners (e.g., advertisers) use cookies on our website(s). We have no access to, or control over, these cookies. The cookies do not contain personally identifying information nor are they used to identify you. You may choose to disable the cookies. However, you may not be able to access some parts of this website if you choose to disable the cookie acceptance in your browser, particularly the secure parts of the website. For further information about cookies and how to disable them, please refer to www.allaboutcookies.org.
Third Party Links
Our website(s) contain links to websites operated by other parties. We provide the links for your convenience, but we do not review, control or monitor the privacy or other practices of websites operated by other. We are not responsible for the performance of websites operated by third parties or for your business dealings with them. Personal Data Any personal Data that will be collected by The Company through this website, shall be processes according to the Personal Data Law, as amended or replaced from time to time. I, the user of this website, hereby agree that:
(I)The company has the right to process Personal Data in order to support, promote and realize our relations.
(II)The company will not communicate or disclose such Personal Data to any third party, unless pertaining to:
(1) a company/companies to which the company has partly or fully assigned the realization of the processing of such data in accordance with the law,
(2) such communication or disclosure which may be required by law or by a court decision and
(3) where I am a client of the Company according to the Privacy Policy which also applies to me.
(III) Unless otherwise specifically instructed by me, The Company will have the right to use such personal data, with the exception of Sensitive Personal Data, in order to remotely promote its financial products and/or any products/services provided by other affiliated companies.
(IV) The above will apply both to current Clients of The Company and to applicants for any service, irrespective of whether their application may be accepted or rejected. Regarding the clients of The Company the Privacy Policy also applies.
Governing Law
Use of this site shall be governed by Laws of Seychelles.
By accessing The Company’s website and any pages linked thereto, I agree to be bound by the terms and conditions as described above.
BONUS TERMS AND CONDITIONS
Get to know our bonus and rewards programs
DBS Capital offers different bonus and reward programs to its new and existing clients. These bonuses are limited-time offers and their conditions can be subjected to change upon written notice. Before accepting any bonus offers, clients will be given the opportunity to consider the terms and conditions associated with each bonus scheme, so they can fully understand how it works. They will also be asked to give their consent regarding any possible future alterations to the program.
All bonuses are optional, meaning that the clients are not required to accept any bonuses offered by the company by default. If the clients decide not to accept a bonus, they will not be bound to the terms & conditions relating to it. However, if the clients agree to accept the bonus – they will be bound by the guidelines, provisions and terms of the respective bonus program set forth herein.
From time to time, bonuses and promotions may be offered together with a volume or trader point requirement that will vary depending on the bonus and deposit amounts. The various bonus programs and promotions can be added to the client’s trading account in one of the following forms:
1. Pending bonus:
This type of bonus will be added to the client’s trade account balance once the required trading points have been accumulated. Since the company doesn’t want to restrict a trader’s account, bonuses will be kept separate from the trader’s initial funds until such time as the bonus has been awarded. This allows the trader to withdraw their funds at any given time per the usual terms and conditions.
Note that each bonus has its own rules with regard to trader points and expiration dates. You can always view your bonus reports, in order to find out few details more about this subject.
2. 1 Trade on Us:
This type of reward is one that is given to eligible investors. If the first trade you close isn’t beneficial, your account manager will offer you a free second trade, guaranteed. If the first trade is beneficial, then no free trade will be offered. This offer expires ten days (including weekends) after the initial (or relevant) deposit. If the trader becomes eligible for it, it will be added to their account upon request; it may take up to 14 business days in some cases.
3. Birthday bonus
This type of bonus is offered to those clients with a real, verified account on the day of their birthday. It expires seven days later.
1. Clients who deposited the minimum amount of $/€/£ 250 will receive:
I. 20% trade on us
II. 50% discount on account types
2. For new clients: 200% Welcome Bonus (pending) on first deposit.
The above mentioned bonus will be added to the trading account and can be withdrawn once the appropriate trader points have been accumulated. In such cases when a certain client had an active bonus before accepting the new one, the trading points for each bonus will have to be acquired before any of them are released.
Company’s additions to the Bonus terms are final
Clients may use their bonuses as permitted herein. The company has the right to cancel and even close the trader’s account, if the company suspects any form of abuse or wrong handling of the bonus, including those events described in section 23.
It is at the company’s sole discretion to decide whether clients have abused and/or misused its platform and/or its bonuses.
All of the bonuses must be used before they expire.
In the event of the bonus terms are abused and/or misused, the company reserves the right to revoke the bonus. The company’s decision shall be final. Any change within the Bonus terms and conditions can be revoked only by the company. The previously mentioned will be later displayed on its website.
The client may accept the bonus only by agreeing to these terms and condition.
Unless stated otherwise in writing on DBS Capital site, the client perform trades at least 10% of the total bonus awarded within 45 days before a withdrawal will be permitted.
To avoid any confusion: (Total bonus / 10) = Amount of required trading points. Each trading point equals 1 standard trading lot.
Once the withdrawal threshold is reached, withdrawals can be made in accordance with the DBS Capital’s terms and conditions. Failure to meet the threshold will make the client ineligible to withdraw any of the profit on the bonus.
Privacy Policy
Our extensive data protection policy projects our sophisticated security standards.
Our company is devoted to keeping all personal data protected. This document defines how the company handles the collection, management and the protection of the confidential client information.
1. Our commitment to you
DBS Capital understands the significance of maintaining the privacy of our client information. We are committed to keeping our client information private at all times. We have high-end procedures in place, which enable us to protect the confidentiality, security and integrity of these information.
2.Collection of information
If a certain client decides to apply for an account with us, there is certain information that we will require from the client in order to proceed.
This information can be collected directly from the client (account opening application form) or from third-parties such as: fraud prevention agencies, banks, credit reference agencies, other financial institutions, etc. Among other details, this information includes client’s personal details (name, contact details, date of birth, address, payment details- including card and bank account details).
In addition to the above, we might also collect your information regarding the use of our website(s), for example: frequency, pages visited, visit duration and trading activities.
In certain point of time, we might request additional information which can help us improve our service or in case that information is needed to comply with applicable regulations.
3.Use of the information
DBS Capital shall handle the personal information in accordance to the Processing of Personal Data (Protection of the Individual) Law of 2001, as amended or replaced occasionally.
The personal information held by the company shall be treated as confidential. The information will be used only for the purpose of provision, administration and improvement of our services to the client (according to the signed mutual agreement). In addition to the previously stated, the information can be also used for managing of client’s account or improving client’s relationship with us; examining client’s needs; providing relevant opportunities for the client; anti-money laundering check; due diligence checks; for research and marketing purposes (according to the signed agreement with the client).
By entering an agreement with our company the client is consenting to the transmittal of his/hers personal information outside the EEA.
4.Contacting you
For the purpose of managing the terms of the agreement between our company and our clients, or for marketing purposes (bringing to client’s attention products or services that can be of interest to them) DBS Capital might occasionally make direct contact with them by different communication means such as: fax, telephone, post or email.
5.Disclosure of information
According to the agreement between us and our clients the company reserves the right to disclose client’s information under these circumstances:
- If it’s required by law or a court order.
- To relevant authorities in order to investigate or prevent money laundering, fraud or other similar activity.
- As reasonably required, so it’s possible to execute orders and for purposes associated with the provision of the services.
- To banks and other financial institutions for credit checking, third-authentication service providers, credit reference and fraud prevention agencies, fraud prevention and anti-money laundering purposes, verification or due diligence checks.
- To the company’s professional advisors (which will be also sworn to confidentiality)
- To certain service providers who create, maintain or process databases, who offer email transmission services, offer record keeping services, messaging services, etc., whose goal is to assist our company.
- To a Trade Repository and alike, under the Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties (CCPs) and trade repositories (TRs) (EMIR).
- To other service providers for statistical purposes. This will be done in order to improve the company’s marketing (in this case the data will be provided in an aggregate form).
- To market research call centers that conduct surveys with the purpose to improve our services (in this case only the contact details the data will be given).
- If it’s needed the company to defend itself or exercise its legal rights, to any court/tribunal/arbitrator/governmental authority.
- If the client requests or gives consent to it.
- To a company within the same group of the company/ to an affiliate of the company
- To successors/ transferees/assignees of buyers. This is handled with 10 business days prior written notice to the client.
6.Safeguard measures
All information is stored on well-secured servers.
The access of client’s information is limited only to those employees or partners that must know the information in order to be able to carry out the agreement accordingly.
Our company has adequate procedures in place regarding how to make sure that client’s information is safe at all times. We are always requesting from our affiliates and employees to maintain the confidentiality of client’s information.
Our company will keep client’s information only for the required period of time (usually not longer than 5 years). We are obliged to keep records about: client’s personal data, trading data, documents related to the account opening, communications and similar information. However, we should keep your information for the duration of applicable Limitation of Actions Laws (as a minimum).
Despite the fact that we are using all reasonable efforts in order to safeguard your information, the client acknowledges that the use of the internet is not entirely secure. Therefore, our company cannot guarantee the security of any data transferred from or to you, via the internet.
7.Change of Information
Each client should inform the company if his/hers information has changed, or in case the client wants the company to delete certain information we hold about him/her. This can be done by emailing us at [email protected]. As a result of the previously mentioned, the company will engage into changing or deleting of the requested information.
Please note that this can be done to the extent that:
- we are required to hold client’s information for regulatory/legal purposes
- to provide the client with the services requested
- to maintain our business records.
8.Right of Access
Each client who is a natural person, have the right to obtain a copy of any personal information held by the company for him/her and to advise the company in case there are some discrepancies. This right is guaranteed under the Processing of Personal Data (Protection of the Individual) Law of 2001, as amended or replaced occasionally.
In order for a certain client to fulfil the the right described above, the client should contact us via email; verify his/hers identity and explain the request. The company has the right to charge an administrative fee.
9.Questions
Each client that has any questions should feel free to reach out to us via email.
10.Update of this Policy
The company can change this privacy policy at any given time – without notice. Therefore, we are advising all of our potential and existing clients to look for updates occasionally.
SUMMARY OF CONFLICTS OF INTEREST POLICY
Our company guarantees its clients’ interests and upholds its high-end standards.
Introduction
The company has to take all reasonable efforts in order to detect and avoid conflicts of interest. This is in accordance with the Provision of the Exercise of Investment Activities, Investment Services, the Operation of Regulated Markets and Other Related Matters Law, as amended occasionally (“the law”).
DBS Capital is devoted to acting honestly, professionally and in the best interests of its clients. It also has agreed to comply, in with the principles set out in the above mentioned legislation.
This document’s goal is to explain the company’s approach in identifying and managing conflicts of interest which may arise. Moreover, this document explains certain circumstances that can lead to a conflict of interest.
Scope
This policy appeals to all people that are directly or indirectly linked to the company, including its employees, directors, any other related persons and refers to all interactions with all company’s clients.
Criteria for identifying conflicts of interest
In order for the company to be able to identify the types of conflicts of interest that may arise, the company shall take into account whether the company or a relevant person is in any of the following situations:
● The company/relevant person is probably going to make a financial gain, or is going to avoid a financial loss – at client’s expense;
● The company/relevant person has a certain incentive, in order to favor the interest of another client/group of clients over the interests of the client in question;
● The company/relevant person has an interest in the outcome of a service provided to the client or has an interest in a transaction carried out on behalf of the client
● The company/relevant person receives from a person different than the client in question, a stimulation other than the standard commission or fee for that service (in the form of some money, services or goods for example).
Identifying conflicts of interest
Given the current nature, scale and complexity of the company’s business, it is not feasible to give a precise or exhaustive list of all relevant conflicts of interest that may arise. Therefore, the following list includes circumstances which constitute or may give rise to a conflict of interest that may result in the risk of damaging the interests of one or more clients:
● The company might have an interest in maximizing trading volumes, so it can increase its commission revenue, which will be conflicting with the client’s personal objective of minimizing transaction costs;
● Based on the trading volume, the company might award its employees;
● The company might receive or pay incentives to or from third-parties for referral of new clients
● The company/related person has a distinct interest than the client’s interest in an outcome of a service provided to that certain client, or in a transaction carried out on behalf of the client;
● The company/related person has certain incentive to support the interest of another client/group of clients over the interests of the client in question;
● The company/related person is in the same business as the client in question;
● The company might provide investment advice to its clients in the direction of recommending or selling products issued by the company in the same time;
● The company might have established relationships with various third-party providers/financial institutions, which might reimburse the company via certain incentives or commissions, resulting in the company favoring one over another in the recommendation process.
Procedures and controls for managing conflicts of interests
The procedures and controls that the company follows in order to manage the identified conflicts of interest include, but are not limited to the following measures:
● Well established procedures aimed at preventing or controlling the exchange of information between relevant persons engaged in activities which involve a risk of a conflict of interest;
● Supervision of relevant persons whose principal functions are related to providing services to, or carrying out activities on behalf of clients whose interest might conflict;
● Removing any direct connection between the reimbursement of relevant persons principally engaged in one activity and the reimbursement of, or revenues generated by, other relevant persons mainly engaged in another activity, where a conflict of interest might arise;
● Establishing measures that can prevent or limit anyone from exercising inappropriate influence over the way in which an investment or ancillary service or activity is carried out;
● Establishing measures that can prevent or control the involvement of a person in separate investment or ancillary service or activity, where such involvement might harm the adequate management process of conflicts of interest.
● The company monitors its business activities on an ongoing basis to ensure that internal controls are suitable.
● “Chinese walls” which are restricting the flow of confidential information within the company, and that provide physical separation of company’s departments in the same time.
● Establishing procedures for controlling access to electronic data.
● Duties segregation, in order to avoid possible conflicts of interest if carried on by the same individual.
● Personal account requirements which are applicable to related persons-related to their investments.
● Foundation of a compliance department whose duty will be to monitor and report on the issues above, to the company’s board of directors.
● Company’s officers and employees are not allowed to have business interests conflicting with the interests of the company itself.
● A “need-to-know” policy that controls the circulation of confidential and inside information within the company.
● Appointing of an internal auditor whose job is to make sure that suitable systems and controls are maintained. This auditor also reports to the company’s board of directors.
● The supervision of the company’s activities is handled following the principle of the “four-eyes” .
Personal Transactions policy
Company’s employees need to notify the company of any interest (direct or not) that might create conflicts of interest with the company or its clients.
Company’s employees need to notify the company in case they think that a conflict of interest might arise due to the undertaking of a certain task/work.
Prohibition on advises or recommendations on transactions that are unreasonable or cannot be properly explained or transactions that are aiming to increase the company’s volume of activities or commissions received (from third parties) and whose goal is not to serve the clients’ interests.
Company’s employees aren’t allow to accept any gifts, discounts, promotions, or any other benefit from clients or third parties, which might lead to creating conflicts of interest.
In those case which are not covered by the points explained above the compliance officer or the senior management has the right to decide whether to allow a transaction by notifying the client, or not allow the transaction at all.
Client’s Consent
When the client signs the agreement with our company, the client is consenting to the terms of this policy as well. Moreover, the client authorizes the company to deal with him/her in a manner that the company considers suitable, regarding any conflict of interest in question (even without prior reference to the client).
In such cases when our company is unable to deal with a conflict-of-interest situation, our team will revert to the client.
Disclosure of Information
In cases when the organizational measures are not enough to avoid or manage a conflict of interest related with a certain client or group of clients, the company shall disclose the conflict of interest before undertaking further business with them.
Policy amendment and additional Information
Our company has the right to amend its policy everytime it deems it appropriate, according to the terms of the company-client agreement.
Each client that wants any additional information regarding conflicts of interest can feel free to reach out to us via email: [email protected]
COMPLAINT HANDLING
This document describes the way we are handling our client complaints
1. Introduction
A complaint is a statement given by a certain client that something is unsatisfactory or unacceptable according to his/her opinion.
Our company aims to deliver well grounded and adequate responses to complainants.
2. Definitions:
A “complaint” is a statement of dissatisfaction/discontent addressed by the client to the company about the investment and/or services provided, while a “complainant” is any client eligible for filing a complaint.
2.1 Scope:
This Complaint Handling Policy (hereafter “CHP”) sets out how complaints are handled when received by the company.
3. Procedure for handling complaints (CHP)
3.1 How clients can file a complaint:
The complainant/client can file a written complaint to the following email address: [email protected]. All complaints will be addressed to the Customer Support Department. Of course they must be in writing. In such case when the client receives an answer they find unsatisfactory, they can ask Support to escalate the complaint to the Compliance Department. All clients should provide the details mentioned below when submitting their complaints ([email protected]) :
● The client’s surname and name.
● The client’s trading account number.
● The identification numbers of the orders and positions in question (if applicable).
● The description of the issue and the date when the issue came to light.
● The client’s capital and the value of the financial assets.
● Reference of any written communication among the company and the client.
3.2 Handling complaints:
Within five (5) business days upon receipt of the complaint, the client will receive a written acknowledgement from the Support Department and an email informing them that the complaint has been received and the same is under review.
Each complaint received shall be reviewed and, if needed, forwarded to the Compliance Department for further investigation.
The company will keep the client informed about the progress in handling the complaint, especially regarding the findings and possible solutions which will be explained in writing.
The complainant will get a notification from the relevant department about the new timeframes of response for the complaint in question, in those cases when due to to the complicated nature of the complaint the issue cannot be resolved within the specified period. Moreover, the complainant will be informed about the reasons for the delay and about the new timeframe within which it will be expected for the investigation to be completed.
3.3 Rejecting complaints
DBS Capital has the right to hold back from reviewing a complaint in the following cases:
● The complaint does not comply significantly with the format requirements as outlined in Section 3.1 – How clients can file a complaint
● It does not disclose the complainant’s identity
● It includes offensive language directed at the company or one of its employees.
In this kind of cases, the client shall be notified with the reasons for declining to review the complaint.
4. Recordkeeping
The Compliance Department shall keep records of all complaints for a period of at least five years.
5. CHP Review
This policy will be reviewed and/or amended annually or as needed.
Summary Best Interest and Order Execution Policy
DBS Capital is devoted to supplying its clients with the best trading conditions and execution times available
1. Introduction
1.1. This document is provided to all our clients according to the Provision of Investment Services, the Exercise of Investment Activities, the Operation of Regulated Markets and Other Related Matters Law, as subsequently amended occasionally (“the Law”). According to the Law, DBS Capital must take all rational steps, in order to act in the best interest of its clients when executing their orders.
When opening of a trading account with our company to trade in CFDs, the client agrees that his/her orders will be executed outside a regulated market or a multilateral trading facility.
Our company executes client orders only on CFDs in stocks, indices, currency pairs, commodities, crypto and forex assets.
2. Scope
2.1. This Policy appeals to all types of clients (no matter if they are retail or professional ones).
2.2. This Policy appeals when executing client orders related to all types of CFDs, Crypto and FX assets, provided by our company.
3. Best Execution Factors
3.1. When comes to the execution of the client orders, our company will take all sensible steps in order to obtain the best possible outcome for them, taking into consideration several things such as: price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to this.
Price:
BID – ASK Spread: For each CFD, our company shall quote 2 prices:
• higher price -ASK, this is the price at which the Client can buy (go long) that CFD,
• lower price-BID, this is the price at which the Client can sell (go short) that CFD.
These ASK/BID prices are called company’s prices and the difference among the lower and the higher price of a given CFD is actually the spread.
Pending Orders:
• Buy Limit, Buy Stop and Stop Loss, take profit for opened short position are executed at ASK price.
• Sell Limit, Sell Stop and Stop Loss, take profit for opened long position are executed at BID price
In cases when the price reaches an order set by the client such as the following: Take Profit, Buy Limit, Stop Loss, Buy Stop, Sell Limit or Sell Stop these orders are immediately executed. In some other cases, it might be impossible to execute this kind of orders and therefore our company reserves the right to execute the order at the first available price without prior confirmation from the client. The minimum levels for placing the previously mentioned types of orders for a given CFD, are explained in the client Agreement.
The quoted price for a certain CFD is calculated by reference to the price of the associated underlying asset, which is obtained from external reference sources and our company occasionally reviews these sources.
Clients can find our prices on our website or trading platforms (these prices can be updated)
Our company shall not quote any price outside of our operating hours (i.e., Saturday 00:00 – Sunday 24:00), meaning that clients cannot place any orders at that time.
This Policy cannot guarantee that, when executing a certain client order, our price shall always be better than another price available elsewhere.
Costs:
Opening positions for some types of CFDs are related with a requirement from the client to pay commission or financing fees (these fees are available on our website).
Commissions: these might be charged as a fixed amount or as a percentage of the overall value of the trade.
Financing Fee: these are based on prevailing market interest rates, which can change over time. When financing fees are in question, the value of opened positions in certain types of CFDs is increased or reduced by a daily financing fee “swap rate” throughout the life of the CFD.
Please take into consideration that for all types of CFDs that are offered from our company, the fees (commission and financing fees) are not incorporated into the Company’s quoted price and are charged from the client account.
Speed of Execution:
Our company does not execute any CFDs related client order as principal to principal against the client itself, meaning that the Company is not the Execution Venue. Our company actually transmits client orders for execution with a third party(is). However, the company strives to offer significant speed of execution within the limitations of technology and communications links.
Likelihood of Execution:
Execution might be difficult sometimes. The likelihood of the execution itself depends on the availability of prices of the Execution Venue(s). There are some circumstances when it might not be possible to execute an order, for example in the following cases:
• during news times
• trading session start moments
• in volatile markets where prices may move significantly up or down and away from declared prices,
• if there is rapid price movement
• if there is insufficient liquidity for the execution of the specific volume at the declared price
• if a force majeure event has occurred
If the company is unable to proceed with an order – that order shall not be executed. Moreover, the company reserves the right to decline transmitting/arranging execution of any order/request/instruction of the client (at any given time and without prior notice to the client itself).
Likelihood of Settlement:
The Financial Instruments offered from us do not involve any physical delivery of the underlying asset. All CFDs are cash settled.
Size of Order:
Minimum order differs for every type of trading account. Lot is a unit that measures the transaction amount and differs for every type of CFD (more information about this can be find on our website). Our company has the right to decline an order due to its size, as explained in the agreement.
Market Impact:
There are certain factors that can affect the price of the underlying instruments. Our company shall take all sensible steps, in order to obtain the best possible results for its clients.
4. Execution Practices in CFDs
(a) Slippage
We are warning all of our clients that a slippage can occur when trading with financial Instruments (including CFDs). As mentioned before slippage can be defines as the difference between the expected price of an Order, and the price the Order is actually executed at (there is a possibility for a positive or a negative slippage). Slippage is a regular element present when trading in financial instruments and can appear in all types of our offered accounts. The company cannot guarantee the execution of the client’s pending orders at the specified price. Anyway, the company confirms that the client’s order will be executed at the next best available price.
(b) Re-quotes
The Company might provide a secondary quote to the client after an order has been submitted from his/her side and of course the client itself must agree to this re-quote before the execution of the order. The re-quotes will be provided if the requested price of the client is not available at that moment.
5. Types of Order(s) available in CFDs trading
(a) Market Order(s)
This is an order to buy or sell a CFD as quickly as possible at the prevailing market price. Market order execution leads to opening of a trade position. CFDs can be bought at ASK price and can be sold at BID price. Stop Loss and Take Profit Orders can be related to a market order and these kinds of orders are offered for all type of accounts.
(b) Pending Order(s)
We are offering the following pending orders: Buy Limit, Buy Stop, Sell Limit or Sell Stop Orders to trading accounts for CFDs. This kind of order can be described as an order that allows the user to buy/sell a CFD at a pre-defined price in the future. Execution of these is once the price reaches the requested level.
Anyway, in certain circumstances it might not be possible to execute these Orders at the client’s requested price and in those situations the company has the right to execute the same at the first available price. Stop Loss and Take Profit might be attached to a pending order. In addition, pending orders are good untill cancel.
(c) Take Profit
Take Profit Order is used for gaining profit when the financial instrument ‘price reaches a certain level. Execution of this kind of order results in complete closing of the whole position. It is always related to an open position or a pending order. This kind of order may be requested only together with a market or a pending order. In addition, this order is set above the opening price in case of long positions and below the opening price in case of short positions. Our trading platform closes a long position at Bid Price, and a short position at Ask Price.
(d) Stop Loss
Stop Loss Order is one that is used for minimizing of losses. If the CFD’s price reaches the stop loss level, the whole position shall be closed automatically. This kind of orders are always related to an open position or a pending order. Please note that they may be only requested together with a market or a pending order.
When the stop loss order has been triggered, it automatically turns into a market order, filled at the best possible price. That price might be lower/higher than the specified price by the stop loss Order. The trading platform will close a long position at Bid Price, and a short position at Ask Price.
6. Different Types of Accounts in CFDs
6.1. We are offering various types of accounts, such as: Mini, Standard, Premium, VIP, etc. Clients can check more details about the different types of accounts on our website.
7. Best Execution Criteria
7.1. Regarding the execution of client orders, our company takes into consideration the following criteria:
• The characteristics of the client;
• The characteristics of the Client Order;
• The characteristics of the Financial Instruments (i.e. CFDs);
• The characteristics of the execution venue(s) to which that Order can be directed;
For CFDs, the following execution factors are taken into consideration:
• Price
• Costs
• Size of Order
• Speed of Execution
• Likelihood of Execution
• Likelihood of Settlement
• Etc.
In the case when the company executes an order on behalf of a Retail Client, the best result will be determined in terms of the total consideration, representing the price of the financial instrument, and the costs related to that execution.
In order to deliver best execution where there is more than one competing Execution Venues the company will compare all of them. Our Company will not structure or charge their commissions in such a way that might lead to a discrimination of a certain execution venue.
8. Client’s Specific Instructions
8.1. In case when a certain client gives a specific instruction related to an order the company will arrange – to the extent possible –execution of that same order only according to the specific instruction.
WARNING: Client’s specific instructions can lead to preventing the Company from taking the steps that are needed in order to obtain the best possible result for the execution of those Orders. Anyway, our company will take all sensible steps in order to obtain the best possible result for the client.
8.2. Trading rules for specific markets or market conditions might prevent our Company from following some of the client’s instructions.
9. Execution of Client Orders
9.1. Our Company will satisfy the following conditions:
• orders executed on behalf of Clients are promptly and accurately recorded and allocated;
• carries out otherwise comparable Client Orders sequentially and promptly unless the characteristics of the Order or prevailing market conditions make this impracticable, or the interest of the client require otherwise;
• informs a Retail Client about any material difficulty related to the proper carrying out of Orders as soon as it became aware of that difficulty.
10. Execution Venues
10.1. Execution Venues can be defined as the entities with which the orders in Financial Instruments (i.e. “CFDs”) are being executed. Our company uses third party Financial Institution(s) as Execution Venues and these are available on our website. This list might be changed by the Company (the company will give at least 1 business day prior notice to the clients on the website). Our company evaluates and selects the Execution based on various criteria.
10.2. Each client accepts that the transactions entered in Financial Instruments (i.e., “CFDs”) are not undertaken on a recognized exchange/regulated market, and therefore they might expose the client to bigger risks.
11. Client’s Consent
11.1. This Policy forms part of the client agreement, which means that when the clients enter in an agreement with our company, he/she also consents to this policy.
12. Amendment of the Policy and Additional Information
12.1. Our company has the right to amend this Policy.
12.2. Each client which has some questions regarding this policy can feel free to reach out to us via email.
RISK DISCLOSURE AND WARNINGS NOTICE
Our company has an obligation to keep the clients informed about possible risks at any given time
1. Introduction
1.1. The risk disclosure and warning notice is provided to each of our clients and prospective clients, in accordance to the Exercise of Investment Activities, the Provision of Investment Services, the Operation of Regulated Markets and Other Related Matters Law, as amended occasionally (“the Law”).
1.2. We are advising all of our clients and prospective clients to carefully read the risk disclosure and warnings that form part of this document, prior to applying for a trading account and prior they begin to trade with us. Anyway, please note that this document does not disclose or describes all of the risks involved in dealing in CFDs. In general, this notice explains the common terms and the nature of the risks involved when dealing in CFDs on a non-misleading basis.
2. Charges and Taxes
2.1. The company’s services are subject to fees and the same are available on the company’s website. Therefore we are advising all our clients to obtain details of all fees, commissions and charges.
2.2. If some charges are not expressed in money terms the client should make sure that they understand those charges.
2.3. The company reserves the right to change its charges at any given time.
2.4. There is a possible risk that a certain client’s trade might be subject to tax. Our company does not guarantee that no tax or stamp duty will be payable. In addition, please note that our company does not offer tax advice.
2.5. The client only is the one who is responsible for any taxes and/or any other duty, which might arise as a result of his/hers trades.
2.6. Please note that taxes can be changed without notice.
2.7. The company’s prices in relation CFDs trading are given by the company itself. As such, they might not completely correspond to the real time market levels at the time at which the sale of CFD occurs.
3. Third-Party Risks
3.1. Our company might pass money received from the client to a third party (such as an intermediate broker, a bank, etc.) to hold or control, in order to completes a transaction or to satisfy the client’s obligation to provide collateral (for example initial margin requirement) in respect of a transaction. Our company doesn’t hold responsibility for any acts or omissions of any third-parties of this kind.
3.2. The regulation regime which applies to any third-party person can be different from that of Seychelles. In case of insolvency or any similar equivalent, the client’s money might be treated differently from the treatment which would have been applied if the money were held in a Segregated Account in Seychelles. Our company shall not be liable for the possible solvency, acts or omissions of any third party referred to in this clause.
3.3. The third party to whom the company shall pass money might hold it in an omnibus account and it might not be achievable to separate those funds from the client’s money, or from the third party’s funds. In case of an insolvency or any similar proceeding related to that third party, the company might only have an unsecured claim against the third party on behalf of the client.
Our company can not accept any liability or responsibility for any possible losses.
3.4. Our company might deposit client’s money with a depository which might have a security interest, lien or right of set-off related to those funds.
3.5. Please note that a certain bank or broker with which the company does business would probably have interests different than the client’s interests.
4. Insolvency
4.1. In case of a company’s insolvency, this might lead to positions being liquidated/closed without the client’s prior consent.
5. Investor Compensation Fund
5.1. Our company does not take part in the Investor Compensation Fund.
6. Technical Risks
6.1. The client itself will be responsible for the risks of financial losses.
6.2. If a certain client makes transactions via an electronic system, the same client can be exposed to risks associated with that same system.
The previously stated can result in:
● the order is not executed according to the client’s instructions
● the order not being executed at all
Our company can not accept any liability in the case of such a failure.
6.3. The client accepts that an information transmitted by e-mail is not protected from any unauthorized access.
6.4. During times of excessive deal flow a certain client might encounter some difficulties to be connected over the phone or the company’s platform(s)/system(s). The later is especially possible in fast Market.
6.5. Each client accepts that the internet may be subject to certain issues that might affect their access to the company’s Website and trading platform(s)/system(s). These issues are including but not limited to the following: transmission blackouts, software or hardware failure, internet disconnection, electricity failures or hacker attacks. Our company can not be responsible for any damages or losses resulting from those kind of events which are beyond company’s control.
6.6. Regarding the use of computer equipment and communication networks, each client accepts the following risks (in which situations the company has no liability of any resulting loss):
● Power cut of the equipment on client’s side or the provider’s side, or communication operator’s side
● Physical damage of the communication channels
● Outage of communication
● Wrong/inconsistent settings of the client’s terminal;
● Not on time- update of client’s terminal;
● When undertaking transactions via the telephone (land or cell phone lines) each client accepts the risk of problematic dialing which result from communication quality issues
● Usage of communication channels are associated with the risk of non-reception of a message by the client from the company;
● Trading via phone may be impeded by overload of connection.
● Platform malfunction or platform non-operability
6.7. Please note that it is possible that a certain client might suffer financial losses caused by the materialization of the risks described above. In those cases our company can not accept responsibility or liability and the client will be the only one responsible for all related losses.
7. Trading platform
7.1. We are warning all of our clients is that trading in an electronic platform is associated with a risk of financial loss, which might be consequence of:
● Poor quality of connection, failure of client’s devices and software
● Hardware or software failure, malfunction/misuse.
● Inappropriate work of client’s equipment.
● Not right setting of client’s terminal.
● Delayed updates of client’s terminal.
7.2. The client agrees that he/she can give only one Instruction at time, meaning that once the client has sent an Instruction, any further Instructions sent from client’s side are ignored.
7.3. Each client accepts that the only reliable source of Quotes Flow information is that of the live Server’s Quotes Base.
7.4. Each client accepts the fact that when he/her closes the order placing/ deleting window or the position opening/closing window, the Instruction, which has been sent to the Server, will not be cancelled.
7.5. Orders will only be executed one at a time.
7.6. Each client accepts the fact that when the client closes the order, it will not be cancelled.
7.7. In such case when the client didn’t received the result of the order execution, but still decides to repeat the order, the client must accept the risk of making two same transactions instead of one.
7.8. Each client accepts that if a certain pending order has already been executed, but the client sends an instruction to modify it – the only instruction executed is one to modify stop loss and/or take profit levels on the position opened when the pending order triggered.
8. Communication between the client and the company
8.1. Each client must accept the risk of any financial losses resulting from the fact that the client has received with delay or has not received at all any notice from our company.
8.2. Each client accepts that an information transmitted via e-mail is not protected from any unauthorized access.
8.3. Our company doesn’t hold any responsibility if unauthorized third-persons have access to information, such as: electronic communication and personal data, electronic addresses and access data, when the previously mentioned are transmitted among the company and the client or when using the internet, telephone, or other electronic means.
8.4. Each client is completely responsible for any risks regarding of undelivered company online trading system internal mail messages sent to the client from our company, as these are automatically deleted within 3 calendar days.
9. Force majeure
9.1. If there is a force majeure event our company might not be in a position to execute client orders or fulfill the obligations according to the agreement with our clients. Consequently, the clients might suffer financial loss.
9.2. Our company wouldn’t be liable and doesn’t hold any responsibility for any type of loss or damage arising out of a Force Majeure event.
10. Abnormal market conditions
10.1. Each client accepts that abnormal market conditions can lead to:
● extension of the period during which the orders are executed
● might be impossible for orders to be executed at declared prices
● orders might not be executed at all
11. Foreign currency
11.1. In such cases when a certain financial instrument is traded in a currency other than the currency of the resident country of the client, some changes in the exchange rates might have a negative effect on its price, value and performance and might result in losses for the client.
12. General risk warning for complex financial instruments (derivative financial instruments such as CFDs)
12.1. We want to warn all clients that the trading in CFDs is VERY SPECULATIVE AND HIGHLY RISKY and is not fitting for all members of the general public, only for those investors who:
● Investors who understand and who are willing to assume the risks involved (economic, legal and other)
● Investors who are financially able to assume the loss of their entire investment (taking into consideration their personal financial circumstances, financial resources, lifestyle and obligations)
● Investors who posses the knowledge to understand CFDs trading and the underlying assets and Markets.
12.2. Our company might give the client any advice relating to CFDs, the underlying assets and markets. However, if the client does not understand the associated risks, they should look for an advice from an independent financial advisor. In cases where the client even after all of those consultations does not understand the risks associated with trading in CFDs, that client should not trade at all.
12.3. A contract for differences (CFD) is a financial contract that pays the differences in the settlement price between the open and closing trades. CFDs are deriving their value from the prices of the markets/assets in which they refer to (such as: stocks, metals, indices futures, forwards, currency, equity indices…). Despite the fact that the prices at which the company trades are set by an algorithm developed by the company itself, still the prices are derived from the underlying market/assets. Therefore, the client needs to understand the risks involved with trading in the underlying asset/ market in question (fluctuations in the price of the underlying market/asset will have an affect on the profitability of their trade).
12.4. Leverage and gearing
12.4.1. Trading with derivative financial instruments and foreign exchange is related to a high degree of risk. The amount of initial margin might be small in relation to the value of the derivatives contract or foreign exchange, meaning that transactions are “leveraged” or “geared”.
12.4.2. In some cases, fairly small market movement can lead to a proportionately larger impact on the deposited clients funds (this might work either way: against the client or for the client). The client might experience total loss of initial margin funds and any additional funds deposited. In case when the margin requirements are increased and/or the market moves against the client’s position, that client might need to deposit additional funds on short notice to maintain his/hers position. If this request for a deposit of additional funds is not met, the same can result in closure of their position(s) and the clients will be liable for any resulting loss or deficit.
12.5. Risk-reducing orders or Strategies
12.5.1 The placing of orders whose aim is to limit losses to certain amounts, such as: “stop-loss” orders or “stop-limit” orders (where permitted under local law), might not be proper, given that the markets conditions can make it impossible to execute such kind of orders. Strategies that use combinations of positions, such as “spread” and “straddle”‘ positions, might be associated with the same risk as taking simple “long” or “short” positions. Due to the previously mentioned, Stop Limit and Stop Loss orders do not guarantee the limit of loss.
12.5.2. Expert advisor and trailing stop do not guarantee the limit of loss.
12.6. Volatility
12.6.1. Most of the derivative financial instruments trades are related to volatile price movements. Therefore, it’s important for each client to carefully take into consideration that there is a high risk of losses or profits.
12.7. Margin
12.7.1. Each client accepts that, no matter of any information offered by the company, the value of derivative financial instruments might fluctuate either downwards or upwards and it is also even possible that the investment might become of no value at all. This is a result of the margining system applicable to such trades, which in general assumes a comparatively small deposit or margin in terms of the overall contract value, so that a fairly small development in the Underlying Market may lead to a considerable effect on the client’s trade.
12.8. Liquidity
12.8.1. There is a possibility that as a result of a reduced demand for the underlying asset, the underlying assets might not become instantly liquid and also the client might not be able to obtain the information on the value of these or the extent of the related risks.
12.9. Contracts for Differences
12.9.1. The CFDs are non-deliverable spot transactions that give opportunities to make profit on changes in the underlying asset (such as: cash indices, index futures, bond futures, etc.). The volatility of market developments can lead to loss or profit for the client. Therefore, the client should not enter into CFDs, unless he/she is willing to undertake the related risks.
12.9.2. CFDs investing comes along with the same risks as investing in a future or an option and each client should be aware of that. CFD transactions can also have a contingent liability, meaning that each client should also be aware of these implications.
12.10. Options
12.10.1. Buying options: Buying options usually encompasses less risk than selling options. This is due to the fact that if the price of the asset moves against the client, that same client may allow the option to lapse. In such cases, the maximum loss is limited to the premium, plus any commission or other transaction fees. On another hand, if the client decides to buy a call option and they later exercise the option, they will acquire the future. The previously mentioned will result in exposing the client to the risks described under “Futures” and “Contingent Liability Investment transactions”.
12.10.2. Writing options: If a certain client writes an option, the associated risk is bigger than buying options. A certain client might be liable for margin to maintain their position and a loss might be experienced well in excess of the premium received. When writing an option, the client in question accepts a legal obligation to purchase or sell the underlying asset if the option is exercised against him. In cases where the client owns the underlying asset (which they have contracted to sell)-the risk is reduced. On another hand – If the client does not own the underlying asset-the risk are unlimited. Therefore, only experienced traders should deal with writing uncovered options.
12.11. Off-exchange transactions in derivative financial instruments
12.11.1. CFDs provided by our company are off-exchange transactions. Transactions in off-exchange or non-transferable derivatives, might be associated with bigger risk than investing in on-exchange derivatives. It might be almost impossible to evaluate the position value, to liquidate an existing position or to evaluate the risk exposure. Bid and ask prices doesn’t need to be quoted.
12.11.2. For CFDs transactions our company is using an online trading system which does not fall into the scope of a recognized exchange, therefore – do not have the same protection.
12.12. Contingent liability investment transactions
12.12.1. Margines contingent liability investment transactions are related with a requirement from the client to make a series of payments against the purchase price, instead of paying the whole price at once. This Margin requirement depends on the underlying asset of the Financial Instrument and the same can be calculated from the current price of the underlying instrument. This is available on our website.
12.12.2. In cases when a certain client is trading in futures, contracts for differences or sell options, the client might sustain a total loss of the funds they has deposited .
12.12.3. Even in such cases when a transaction is not margined, the same can still bring an obligation to make further payments over any amount paid when the client entered the contract for the first time.
12.12.4. Significantly bigger risks are associated with contingent liability investment transactions, that are not traded on or under the rules of a recognized investment exchange.
12.13. Collateral
12.13.1. In such cases when a certain client deposits collateral (as security with the company), the way in which this collateral will be treated shall differ depending on the type of transaction and where it is traded. Collaterals that were deposited might lose its identity as the client’s property once dealings on the client’s behalf are undertaken. Even in situations when the client’s dealings will prove profitable, they might not get back the same assets which they deposited, and might be needed to also accept payment in cash.
12.14. Suspensions of trading
12.14.1. It might be very difficult or even impossible to liquidate a position, under certain trading circumstances (such as fast price movements). In those situations, even strategies such as placing a “stop loss” maybe would not limit the client’s losses.
12.15. No delivery
12.15.1. There is no actual delivery of the underlying asset when CFDs trading is in question.
12.16. “Slippage”
12.16.1. Slippage can be defined as a difference between the expected price and the price the transaction is actually executed at. Slippage can occur during times of greater volatility.
13. Advice and Recommendations
13.1. Our company might give advice to a client about a certain transaction or investment. However, the client accepts that the services do not include the provision of advice, expect in those cases when the client enters into a investment advice agreement with the company. At end point the client itself is the one entering into transactions and making decisions based solely on their own judgement. Our company can not guarantee to the suitability of the products traded under the agreement and can not assume fiduciary duty in its relations with the client.
13.2. Our company can not be under any duty to give the client any advice such as legal, tax or other advice relating to any transaction. Instead, if needed, the client should look for an independent expert advice related to tax liabilities. Each client must be aware that the tax laws are subject to change occasionally.
13.3. Our company might sometimes give the client some news, information, recommendations, etc. , but not as a service. In those cases when the company provides such kind of information to the clients please be aware that:
(a) the company can not be responsible for the information
(b) the company does not give any guarantee as to the accuracy or completeness of the information or as to the tax and legal consequences of any related transaction;
(c) this information is given simply in order the client to make their own decisions
(d) if the document holds a certain restriction on the person/category of persons for whom that document is intended/distributed, the client accepts not to pass it on to that person/category of persons;
(f) each client acknowledges that before the dispatch, the company might have acted upon the information itself in order to make use of it.
13.4. Each client needs to understand that the information provided or made available by our company can be changed and withdrawn at any given time without prior notice.
14. No Guarantee of profit
14.1. Our company can not guarantee profit nor avoiding losses when trading. Each client must be aware of the risks related to trading and he/she must be financially able to bear such risks and withstand any losses incurred.
KYC Policy
Since we are dedicated to preventing fraud and money laundering and in addition, to be able to allow withdrawals, each of our clients needs to verify his/her account. In order to do that, the client should send us one document from each of these categories:
Proof of identity
● Passport (including signature page)
● ID (front and back)
● Driver’s license (front and back)
Proof of address on your name (not older than 3 months)
● Bank or credit card statement
● Utility bill (electricity, water, gas)
● Insurance/tax/municipal bill
● Internet or landline phone bill
Images of the credit/debit card(s) used for making of the deposit.
On the front, 4 last digits, full name and expiry date must be clear.
On the back, the signature must be clear, but cover up the CVV.
● DOD (declaration of deposit-signed, scanned, pictured)
● Trading agreement which should be signed by the card owner.
*All of the documents provided must be on your name, in color, clear and with visible corners.
**Please note that the account will be charged by monthly fee of $20 if the client’s account is not verified within 30 days from the first deposit.
***DBS Capital reserves the right to reject some of the provided documents and request for other documents or additional copies if needed – without further explanation.
****Another reminder that all of the provided documents must be under the card owner’s name.
AML Policy
Anti-Money-Laundering Policy
DBS Capital follows the highest standards of Anti-Money-Laundering (AML) and Anti-Terrorist Financing and requires management and employees to follow the respective standards.
Money laundering is the process of concealing the origin of money, obtained from illicit activities by converting it into a legitimate source.
There are three steps in the money laundering process:
Placement. This is the first step where funds are converted into financial instruments, such as bank accounts and money transfers, or are being used to purchase high-value goods that can be resold later on. Funds can also be physically deposited into banks and non-bank financial institutions. To avoid suspicion, the launderer may make several smaller deposits instead of the whole sum at once; this is called smurfing.
Layering. Funds are transferred to other accounts and other financial instruments to disguise their origin. It also hides the identity of the entity or person that is making the multiple financial transactions. Moving funds around and changing their form makes it complicated to trace the funds.
Integration. Funds return to circulation as “legitimate” and are used to purchase goods and services.
Anti-Money Laundering (AML) policy
DBS Capital, sticks to the principles of Anti-Money Laundering and actively works to prevent any actions that facilitate the process of legalizing of illegally gained funds. The aim of the policy is to prevent the company’s services from being used by criminals to launder money or finance terrorism or other criminal activities.
To this end, the company has introduced a strict policy designed to detect, prevent and sound warnings of any suspicious activities that might occur. Moreover, DBS Capital may not inform clients that law enforcement has been notified. The company has also introduced a complex electronic system to identify every client and conduct detailed transaction histories.
In order to prevent money laundering, DBS Capital doesn’t accept and doesn’t pay out in cash under any circumstances whatsoever . The company reserves the right to suspend any client’s transactions that might appear to be illegal or related to money laundering.
Company procedures
DBS Capital must ensure that its clients are real persons or legal entities. DBS Capital performs all measures required by the applicable laws and regulations issued by the financial oversight authorities. DBS Capital fulfills its AML policy with:
● a know your customer (KYC) policy and due diligence
● monitoring client activity
● keeping records
Know Your Customer and Due Diligence
Because of the company’s commitment to work against money laundering each of its clients must undergo a verification procedure. Before DBS Capital starts working with any client, it will ensure that adequate evidence of their identity has been produced. The company also places clients residing in countries with inadequate AML standards and increased risk of criminal activity and corruption to heightened scrutiny. This also applies to beneficial owners residing in or whose funds were sourced from these countries.
Individual clients
As part of the registration process, each client provides personal information: full name; date of birth; origin; address, phone number and postal code. A client should send the following documents and to confirm the related information:
● A high-resolution copy of the first page of the passport clearly showing the photo and the signature or a driver’s license that meets the same requirements. The documents must be valid for at least 6 months from the filing date.
● A high-resolution copy of a utility bill or bank statement, that contains the full client’s name and the actual residence address. The documents must not be older than 3 months from the filing date.
If the documents are written in non-Latin characters, the clients should provide a notarized translation of the document in English in order to avoid any delays in the verification process.
Corporate clients
When the applicant is listed on a stock exchange or when there is evidence that shows that the applicant is a wholly owned subsidiary or a subsidiary under the control of a company of such kind, usually no further verification is required. However, in case the company is not listed and none of applicant’s directors or shareholders already has an account with DBS Capital, the following documents needs to be provided:
● a high-resolution copy of the certificate of incorporation/certificate;
● an extract from the Commercial Register/equivalent document
● names and residence addresses of all directors and beneficial owners of the entity;
● a high-resolution copy of Memorandum and Articles of Association/equivalent documents
● prove of the company’s registered address and the register of shareholders and directors;
● detailed description and nature of business (including information such as: products or services offered; business location, etc.).
This procedure is completed in order to establish the identity of the client. In this way, DBS Capital will be able to offer the best online trading services.
Monitoring client activity
DBS Capital monitors the activity of each client in order to identify and prevent any suspicious transactions. A transaction inconsistent with the client’s legitimate business or the usual client’s transaction history may be considered suspicious. DBS Capital monitors the named transactions (both automatically and manually as needed) to prevent criminals from using its services.
Deposit and withdrawal requirements
All deposits and withdrawals must meet the following requirements:
● In case of bank transfer or transfer from a bank card, the name used to register with DBS Capital must match the account/cardholder’s name.
● Withdrawing funds using a method different from that used to make deposits is only possible after the amount of the deposits are first returned to the original account.
● If the deposit account cannot be used to receive withdrawals from the trading account, the funds may be withdrawn to another client account provided DBS Capital has successfully identified its owner.
● If the account has been credited with funds via different payment systems, funds withdrawal shall be made accordingly to each payment method.
● In case of deposits via Visa/MasterCard, Wire Transfer, funds in excess of the client’s deposits may be withdrawn via Visa/MasterCard or Wire Transfer.
REFUND POLICY
There are certain circumstances where our company can refund payments to clients that has been made by a credit card. In these situations, the funds will be refunded to the same source that was initially used for the making of the deposit.
1. The client reserves the right to close their account at any time.
Our company will approve the account closure if the following conditions are met:
a. No active investments are in place.
b. There are no investigations underway related to its terms of service.
2. Our company will close the account, upon client request, if there are no charges applied to it.
3. If the client’s account has been suspended due to the violation of the terms of services or any other abuse, a refund is excluded.
4. Our company doesn’t need to provide refunds for losses with either foreseen or unforeseen causes.
5. A refund can be made if a deposit has been made into the account, but only if the client has not executed any orders.
6. The same method of payment used for the making of the deposit will be also used for the refund. The refund towards the client shall be made for the full amount, in case other arrangements haven’t been made.
7. Refund requests can take up to 7 working days to process.
8. All other requests will be handled as withdrawals and shall be processed using the usual methods.
9. A fee of 30% shall be charged to cover the company’s processing and administrative costs for those withdrawals from client’s trading accounts that have never had any active trades on them.
10. Scalping can be defined as a trading strategy through which a certain trader tries to take advantage of small price moves and narrow ranges by making a large number of transactions on small price changes during a short-timeframe. This practice is not allowed on this site. If DBS Capital has classified a client as a scalper or a pip hunter, it may, at its sole discretion, and without a prior written notice, take one of the actions described below:
– Terminate the mutual agreement.
– Close all of the client’s open positions at current market prices.
– Debit the client accounts for the amounts owed to our company.
– Close all of the client’s accounts with our company.
– Combine client accounts; consolidate the balances and offset those balances.
– Denies to open new client accounts for the client in question
– Withhold the previously deposited funds for an indefinite period of time.
11 Due to security reasons, the company won’t accept or process withdrawals/refund requests by email, meaning that the interested client must log in to their account and submit the request from there.
Each client that has any inquiries related to our refund policy, can feel free to reach out to us via the following email addresses: [email protected] or [email protected]