This Agreement is entered into by and these Terms & Conditions (hereinafter referred to as the “Agreement”) shall regulate the relationship between IQOPTION LTD, with company No. 24840 IBC 2018, and registered at: Hinds Building, Kingstown, St. Vincent and the Grenadines (hereinafter referred to as the “Company”), and the user (a natural or legal entity) (hereinafter referred to as the “Client”) of www.iqoption.com (hereinafter referred as the “Website”).
The subject of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform.
The Company shall carry out all transactions as provided in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company is entitled to execute transactions requested by the Client as provided in this Agreement even if the transaction is not beneficial for the Client. The Company is under no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls, or to close out any of the Client’s open positions. Unless otherwise specifically agreed, the Company is not obligated to make an attempt to execute the Client’s order using quotes more favorable than those offered through the Trading Platform.
The Investment and Ancillary Services which the Company should provide under the terms of the Agreement are stated below, and the Company will provide them in its capacity as a market maker under the terms of this Agreement. The Services that the Company provides in relation to one or more Financial Instruments are the following (the list below shall not be regarded as exhaustive):
a. Reception and transmission of orders in relation to one or more Financial Instruments;
i. Execution of the orders on behalf of the Clients.
ii. Dealing on Own Account.
iii. Portfolio Management.
iv. Investment Advice.
b. Ancillary Services
i. Safekeeping and administration of the Financial Instruments for the Client’s Trading Account, including custodianship and related services such as cash/collateral management.
ii. Granting credits or loans to one or more financial instruments, where the firm granting the credit or loan is involved in the transaction.
iii. Foreign exchange services where these are connected to the provision of the Investment Services.
The Company does not provide investment, tax or trading advice unless specified as such between the Client and the Company in a separate agreement. Our services include ‘execution only’ meaning that the Company will act on your instructions and will not advice you on any transaction, nor will we monitor your trading decisions to determine if they are appropriate for you or to help you avoid losses. You should obtain your own financial, legal, taxation and other professional advice.
Financial Instruments (the list below shall not be regarded as exhaustive):
a. Digital Options and/or Binary Options Contracts in stocks, commodities, indices and currency pairs;
b. Financial Contracts for Differences (CFDs) in stock options, stocks and currency pairs (FX);
Trading in CFDs and other derivatives does not give you any right, voting right, title or interest in the underlying instrument of the Transaction. You understand that you are not entitled to take delivery and are not entitled to ownership of any underlying instrument. CFDs and other derivatives are not traded on a regulated exchange and are not cleared on a central clearinghouse. This exchange and clearinghouse rules and protections do not apply. The Company reserves the right to, at its sole discretion and for all CFD products, impose the following expiration times: daily/weekly/monthly and/or no expiration at all.
c. Financial Contracts for Differences (CFDs) in cryptocurrencies for short/sell transactions. It should be noted that the client can only trade CFDs on cryptocurrencies exclusively on short/sell transactions. Subsequently, where the Company makes any reference related to CFDs on cryptocurrencies including inter alia, in the Company’s Terms and Conditions, Order Execution Policy, General Fees and any other relevant document included in the Company’s website, it should be understood and agreed that the statement ‘’CFDs cryptocurrencies’’ only refers to short/sell transactions. For further information please read the Company’s Cryptocurrencies Terms and Conditions. The Company reserves the right to, at its sole discretion and for all CFD products, impose the following expiration times: daily/weekly/monthly and/or no expiration at all.
d. Cryptocurrencies On its Website the Company is entitled to provide financial services of Contracts for Difference (CFD) with intrinsic protection (Protected CFDs). The risk of loss for Protected CFDs is limited to and does not exceed the sum invested by the Client in a particular CFD contract with the addition of any trading and/or ongoing trading fees incurred as a result of opening such CFD. Clients may choose to opt out from the features offered by Protected CFDs by choosing the option to use the balance in their trading account in order to keep a CFD position open (“CFDs on margin”). In this instance, when the loss for a position reaches 95%, an additional 20% of the original investment amount is reserved from the Client’s account. If the CFD position takes further losses, the Client’s available balance is further reduced by 20% accordingly. The Client can limit the additional funds reserved on his account balance by specifying his acceptable level of loss for a CFD position. In both features of CFDs described above, the Company offers negative account balance protection i.e. the Client’s losses may never exceed the total amount of funds available in the Client’s account. In addition, the risk of loss in relation to the corresponding potential benefits for CFDs described above, is reasonably understandable in light of the particular nature of the proposed financial contract.
Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:
a. Being of age of maturity in accordance with the jurisdiction he/she resides in or is a resident of, is of legal competence and of sound mind.
b. Not residing in any country where distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client’s responsibility to ascertain the terms of and comply with any local laws or regulations to which they are subject.
c. Not being a USA/territories of the US national and not being a resident of the following jurisdictions: USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, the Russian Federation and/or any country of the European Economic Area.
The Company will offer Services to the Client at the absolute discretion of the Company subject to the provisions of this Agreement.
The Client is prohibited and shall not, under no circumstances, be allowed to execute any transactions/Operations on the Trading Platform, Website and/or through his/her Account, that would as a result exceed the total balance and/or amount of money deposited/maintained with his/her Account. Such deposited amounts shall be considered to have been provided as collateral, either in the form of a lien or otherwise, to the Company by the Client by which the obligation of the Client to pay any money to the Company is secured.
The Client acknowledges that the Company will have the right, at any time and for any reason and without justification, at its sole discretion, to refuse to execute orders, including, without limitation, in the following circumstances:
a. If the execution of the order aims or may aim to manipulate the market price of the financial instruments (market manipulation);
b. If the execution of the order constitutes or may constitute abusive exploitation of confidential information (insider trading);
c. If the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities (money laundering);
d. If the Client has insufficient funds to cover the purchase of financial instruments or if there is insufficient number of financial instruments to cover their sale;
e. If the Client fails to fulfill any of his/her obligations towards the Company under this Agreement;
f. The Company’s own exposure levels as set out in the Company’s internal policies have been reached in respect of the Financial Instrument or the underlying asset of the Financial Instrument the Client wishes to buy/sell;
g. If the Client seeks to become or becomes a US Reportable Person or a resident of USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, the Russian Federation and/or any country of the European Economic Area.
Any such refusal by the Company shall not affect any obligation, which the Client may have towards the Company.
h. The Client acknowledges that, at its own discretion, under certain market conditions and in particular where it has reached or surpassed internal exposure levels, the Company may have to close all or a part of the Client’s positions in CFD contracts with cryptocurrencies as underlying assets. The Company undertakes to provide adequate notification to the Client in case a CFD position will be liquidated by the Company and shall provide no less than 5 (five) working days notice before proceeding with the liquidation.
i. In addition to the above, the Company maintains the right, but not the obligation, to charge each Client a maintenance/custodial fee for any open cryptocurrency position (without leverage) maintained with the Company (“Open Positions”). Such right arises and may be exercised by the Company if such Open Positions remain open for more than three (3) months from the date of their opening (“Minimum Period”).
Provided that the Minimum Period has been completed and Company decides upon its sole discretion to exercise the right provided hereunder, the following steps will be undertaken:
(1) the Company shall provide a written notice to the Client notifying him/her that, within seven (7) days from receipt of the notice, the Company shall proceed with the application of maintenance/custodial fees against the Open Position in accordance with the table included below;
(2) should the Client wish to avoid the application of any maintenance/custodial fees, then he/she should proceed with the immediate close down of his/her position and not later than within seven (7) days from the date of the notice;
(3) the % maintenance fee as indicated in the table below, shall be calculated against the value of the Open Position upon the end of each month within the periods set out below;
(4) the payment of the calculated maintenance fee shall be made on the date upon which the Open Position has reached the Minimum Period and thereafter upon completion of each consecutive period, as stated in the table below. The payment to the Company shall be facilitated by automatically deducting the relevant amount from the Client’s Open Position balance; and
(5) upon the end of each period (as indicated in the table below), the maintenance/custodial fee % shall be automatically increased as set out in the below table without any further notice to the Client.
|Period from Position Opening||Maintenance/Custodial Fees|
|18 months and more||2.50%|
The Client shall be entitled to:
a. Submit with the Company any order requesting the execution of a transaction/Operation on the Website in accordance with and subject to the terms and conditions of this Agreement;
b. Request withdrawal of any amounts subject and in accordance with the Withdrawal Policy, and provided that the Company has no claims against the Client and/or the Client does not have any outstanding debts to the Company;
c. In the event that the Client has any alleged complaint against the Company and/or there is any dispute between the Client and the Company, then the Client can submit his/her complaint, to include all relevant particular and details, to the Company at firstname.lastname@example.org. The Company shall acknowledge receipt of any such complaint, initiate an internal investigation of the matter and shall respond to the Client within a reasonable amount of time but not later than 3 months from the date of acknowledging receipt of the complaint.
d. Unilaterally terminate the Agreement provided that there is no debt outstanding from the Client toward the Company and such termination is made in accordance with section 17 herein.
a. Acknowledges that the Account shall be activated upon the deposit of funds/advance payment into the Account.
b. Warrants that he/she shall at all times be compliant with and honor all terms and conditions of this Agreement
c. Warrants that he/she shall ensure that at all times the username and password issued by the Company in relation to the use of the Service(s) and the Account, will only be used by him/her and will not be disclosed to any other person;
d. Shall be liable for all orders submitted through his/her security information and any orders received in this manner by the Company shall be considered to have been given by the Client;
e. Hereby acknowledges that frequent access and logins to the Account via different IP addresses from different countries and/or via the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that shall reasonably lead the Company to believe that sections 3 paragraph 6 and 7 paragraph d sub-paragraph b, herein have been breached.
f. Confirms that any trading strategies and/or investment decisions and/or any activities performed by him/her through his/her Account and on the Trading Platform are made having in mind/considered/being aware of all risks involved and solely on the basis of his/her knowledge and upon his/her sole discretion.
g. Warrants that he/she shall take all necessary steps and action in order not to disclose any confidential information of the Company which the Company shall disclose to and/or make available to the Client from time to time.
h. Accepts any risk, including without limitation to any risk of financial loss, that arises from unauthorized access to and operation of his/her Account by third and/or unauthorised parties.
i. Shall notify the Company of any changes of his/her contact details and any other changes of the personal data he/she provided to the Company, within 7 (seven) calendar days since such changes came into effect.
j. Shall register only 1 (one) Account with the Company. In case that the Client owns multiple accounts, any transactions/Operations made via such multiple accounts and corresponding financial results of such transactions/Operations, can be canceled to the absolute discretion of the Company. All such multiple accounts can be blocked upon the Company’s absolute discretion, and funds deposited and maintained therein shall not be considered/treated as financial obligation of the Company towards the Client.
k. Shall indemnify and hold harmless the Company of any claims and/or legal actions instigated against the Company as a result of disclosure of the Client’s personal data.
l. Irrevocably accept full responsibility for his/her actions according to current tax legislation valid at the place of residence/living of the Client regarding any performed transactions/Operations, including but not limited to revenue/income tax.
m. Acknowledges that the provision of the Service(s) may involve information being transported over an open network. Information is therefore transmitted regularly and without control across borders. The Company shall take reasonable steps to avoid information being intercepted and read by third parties by utilizing techniques such as encryption, however it is not always possible to avoid third party unauthorized access to/view of the Client’s information/personal data. The Client hereby acknowledges this risk and accepts and consents to this, so long as he/she is reasonably satisfied that any such unauthorized access/disclosure was not made intentionally and that the Company took all reasonable measures and actions in order to prevent such unauthorized access/disclosure.
n. Acknowledges and agrees that the Company has the right to close any transaction, at its sole and absolute discretion without providing prior notice to the Client if the underlying asset or contract on which the transaction is based settles on an expiry date as determined by the relevant financial market, on which the said asset is traded (such time referred to as 'Closing Time' and the relevant expiring transaction referred to as an 'Expiring Transaction'). The Company shall not be obligated to take actions to roll over an open position in an Expiring Transaction.
o. Acknowledges that the Company prohibits third party or anonymous payments into the Client’s Account. Only funds sent from an account held in the Client’s name and belonging to the Client are acceptable. The Company reserves the right at its discretion, if it has identified third party or anonymous deposits, to block the Account. The Client should note that any remaining funds will be returned to the third-party source via the same payment method and any profits accumulated by the Client using third party or anonymous funds will not be made available to the Client.
p. Agrees that in case the Company carries out a transaction/Operation on his/her behalf which is not covered by the balance of his/her Account, the Company shall have the right to liquidate his/her assets and use the proceeds to cover part or the total difference.
q. Irrevocably accepts that he/she is solely responsible for any technical deficiencies that may occur in Client’s connection to the Trading Platform, in Client's equipment used for receiving the services (including, but not limited to, personal computer, laptop, mobile phone and etc.), and confirms that he/she shall have no claims whatsoever against the Company for any direct and/or indirect damages the Client may suffer due to such deficiencies.
r. Acknowledges that the Company has the right to refuse to execute any transaction/Operation requested by the Client and/or any other action required, under this Agreement, for as long as it maintains any claims against the Client, whether these are due, future or contingent and regardless of whether these arise from the same transaction/Operation from which such obligations arise.
s. Acknowledges and accepts that this Agreement and/or to any materials made available on the Website may be amended unilaterally, from time to time, by the Company, and that he/she shall be responsible to check on the Website frequently in order to ensure that he/she has made himself/herself aware of any changes effected in such manner. Upon the submission of a request by the Client of any transaction/Operation, any changes effected to this Agreement and/or to any materials made available on the Website shall be deemed as acknowledged and accepted by the Client.
t. If the Company deems that the amendments are material, such amendments will take effect on the date specified in the notice to the Client and if no date is specified, then on the date of receipt of the notice.
u. The Client understands and agrees that her/his consent is not necessary for any change to be effective. Whether the Client does not respond and/or disagrees with the content of the amendments implemented in the Company’s Terms and Conditions, this will be considered as an acceptance by the Client of the contents of the amendment and of the amended Terms and Conditions. Further, any order of the Client to execute a transaction(s) following the receipt of the notice and/or login into his Account, shall be deemed as acceptance by the Client of the contents of the amendment and of the Agreement as amended.
v. The Client understands that it is his/her sole responsibility to remain up-to-date with all changes. The applicable version shall be the latest version uploaded on the Company’s website and in the event of a dispute the latest version shall prevail.
w. In case the Client does not agree with the amendments, the Client shall be entitled to terminate this Agreement in accordance with the Duration and Termination of the Agreement section herein included.
The Client hereby warrants and represents to the Company that he/she:
a. Is not a USA/territories of the US national and is not residing in any country where distribution or provision of financial products or services offered by the Company would be contrary to local law or regulations.
b. Is responsible to ascertain the terms of and shall comply with, any and all applicable local laws and/or regulations to which he/she is subject to.
c. Has the legal capacity/competence, is of sound mind and has reached the age of maturity in the country which he is resident or citizen;
d. Is not a USA/territories of the US citizen and/or a citizen of Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, the Russian Federation and/or any country of the European Economic Area;
e. Is not under any legal disability with respect to, and is not subject to any laws or regulations which prevents his/her performance of this Agreement or any contract or transaction contemplated by this Agreement.
f. The Client acts as principal and not as an authorized representative / attorney or trustee of any third party.
g. The monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company are not connected directly or indirectly to any illegal and/or criminal activities and/or terrorism.
h. The monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company, shall belong exclusively to the Client and at all times be free from any charge, lien, pledge or encumbrance, unless the Client has otherwise disclosed to the Company in writing.
i. The financial instruments, information and/or legal documents, which the Client delivers to the Company are authentic, valid and free of any defect and they shall have the legal effect which they contend to have.
j. The Client certifies that he has provided accurate, complete and true information about himself upon registration and will maintain the accuracy of the provided information by promptly updating any registration information that may have changed. Failure to do so may result in Account closure, Account limitations and/or voiding of any transactions.
k. The Client will provide KYC documents to the Company within a period not exceeding 7 days from the moment of depositing funds.
l. The Client confirms that the purpose and reason for registering and operating an Account is to trade, on his/her personal/own behalf, in any financial instruments and to take advantage of the Services offered by the Company. The Client warrants that should the reason for operating an Account change, he/she will inform the Company immediately.
m. The Client warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or upon the execution of any transaction/Operation and/or trade, through the Account and the provision of the Services.
The Company shall be entitled to:
a. Modify the size of the value of the Company’s financial obligations to the Client with changes of the appropriate entry of the trade operations register in case of violation of one or several provisions of the Agreement herein by the Client.
b. The Company reserves the right to change, add or set as default the option payments rate, return rate, the possibility of adjusting the return rate, the possibility of acquiring the option type, the minimum and/or the maximum option amount, the possible expiration periods for one, several or all of the assets. The company shall be entitled to limit the maximum amount of purchased options for 1 (one) minute, 1 (one) hour, 1 (one) calendar day.
c. Contact the Client with any question concerning the Agreement herein, including, in order to clarify the Client's intentions regarding his/her actions through the Account.
d. Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Client. The Company shall notify the Client of any such changes through the Website and/or by the delivery of an email to the Client.
e. Modify the size of the value of the Company’s financial obligations to the Client, if fulfillment of Operations on the Trading Platform does not comply with conditions of the Agreement herein.
f. Engage third parties with a view to cooperate in order to facilitate and/or enhance any and/or the provision of, the Services under this Agreement.
g. With regard to any matters and/or obligations that are not covered by this Agreement, the Company shall act accordingly upon its own discretion but at all times in accordance with business custom and existing practices within the line of the Services.
Obligations of the Company:
a. Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Client is compliant with the terms and conditions of this Agreement and/or has not in any way breached any terms of this Agreement, the Company shall offer the Services through the Website;
b. To fulfill provisions of the Agreement herein.
The Client hereby confirms to have read, understood and hereby accepts the risk statement relating to the use of Services on the Website, as the same is available electronically via the Website.
By accepting this Agreement the Client accepts that the Client has read and understood the information contained in this Agreement and the Company’s general description of the nature and risks of different Financial Instruments and/or Service(s) which can be found in our Risk Disclosure.
One Click Trading mode allows you to perform trading operations on the platform with only one click on the Buy/Call or Sell/Put buttons without any additional confirmations.
Opting in for the One Click Trading mode means that you acknowledge that you have read and understood the following terms and conditions, and you agree to be bound hereby.
Your current version of the platform enables you to choose between the following modes for order submission. You agree that you will be bound by the procedures and conditions specified herein with respect to each such mode.
-There are several steps you have to follow when using the default mode for the submission of orders. Using the default mode, you first invoke the instruments menu and choose the assets you want to trade. Then you select all parameters depending on the instrument you have chosen and confirm your order submission by clicking either Buy/Call or Sell/Put buttons depending on the particular order type selected and your trading intentions. Using the default mode, a confirmation window will appear and will you have to confirm your intentions and the trade details in order to confirm the transaction. Your order will not be submitted until you have completed the aforementioned procedure.
-The One Click Trading mode for order submission ("One-click trading") is a one-step process. You will be submitting orders when you single-click either Buy/Call or Sell/Put buttons.
There will be no subsequent confirmation prompt for you to click; hence you should ensure beforehand that all parameters are set based on your trading intentions. You will not be able to withdraw your order once you click Buy/Call or Sell/Put buttons (with the exemption of a 3 second cancellation period for binary options) and only certain parameters such as stop loss and take profit orders for CFDs can be modified after having opened a trade. Under normal market conditions and system performance, a market order will be promptly filled after submission and you will have entered into a binding transaction.
You can activate or deactivate One Click Trading mode in the settings of the platform. One Click Trading can be activated or deactivated for one or several instruments in the settings.
By selecting the One Click Trading mode, you understand that your orders will be submitted by clicking the Buy/Call or Sell/Put button, without any further order confirmation. You agree to accept all risks associated with the use of the order submission mode you have chosen, including, without limitation, the risk of errors, omissions or mistakes made in submitting any order.
You agree to fully indemnify and hold harmless the Company from any and all losses, costs and expenses that may incur as a result of any such errors, omissions or mistakes by you or any other person trading on your behalf.
If you accept the One Click Trading terms and conditions, tick the "buy in one click" option when opening trades on the platform. If you do not accept the conditions, do not tick the box and do not use the One Click Trading function.
The Agreement herein shall be concluded for an indefinite term.
The Agreement herein shall come into force when the Client accepts the Agreement and makes an advance payment to the Company.
In case of any discrepancies between the text of the Agreement in English and its translation in any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Website.
The Agreement may be terminated in any of the following circumstances:
a. Each Party shall be entitled to terminate this Agreement at any time by giving to the other Party 15 (fifteen) days written notice. During the 15 days notice, the Company may limit the services available to the Client, however access will be granted in order for the Client to withdraw any remaining balance.
b. The Company shall be entitled to terminate this Agreement, block the Client’s account, and return any remaining funds (if applicable) immediately and without giving prior notice under the following circumstances:
i. Death or legal incompetence of the Client.
ii. If any application is made or any order is issued, or a meeting is convened, or a resolution is approved, or any measures of bankruptcy or winding up of the Client are taken.
iii. The Client violates or the Company has reasonable grounds to believe that the Client violated, any of the Client’s obligations under and/or terms of, this Agreement and/or is in breach of any of the warranties and representations made by her/him in this Agreement.
iv. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country which he is resident or citizen, as applicable.
v. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client became a citizen of the USA/territories of the US and/or a resident of either the USA/territories of the US, Canada, Australia, Belgium, Israel, Palestine, Japan, Sudan, Syria, Iran, North Korea, the Russian Federation and/or any country of the European Economic Area.
vi. If it comes to the Company’s attention and/or the Company has reasonable grounds to believe that the Client is or became a Russian resident and his/her Account was registered after the 1st of July 2016.
vii. The Company has suspicion based on available information that the Client:
a. Is and/or has been using fraudulent means or was involved in a fraudulent scheme in relation to the performance of this Agreement;
b. Has illegally and/or improperly and/or unfairly and/or otherwise gained an unfair advantage, over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
c. Has unjustly enriched by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which if the Company had known in advance, it would have not consented and/or it would not have authorised the use of such information by the Client for the purposes of this Agreement; and/or
d. Has performed acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company’s trading systems and/or deceiving the Company and/or defrauding the Company; and/or
e. Has acted in bad faith during the performance of his obligations under the Agreement.
viii. The Client being guilty or the Company has suspicions that the CLient is guilty, of malicious conduct or gross negligence or fraud or of using fraudulent means or was involved in fraud scheme in relation to the performance of this Agreement.
ix. The termination is required under applicable law.
x. In case the Client receives 2 warnings regarding verbal abuse against employees of the Company.
xi. If the Client didn’t provide to the Company his KYC documents within 14 days from the moment of acceptance of this Agreement.
xii. In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the course of executing any transactions and/or trades through the Trading Account and/or the provision of the Services. Whether the Client has provided notice to the Company for any change to its IP address and/or of the use of VPN and/or VPS is irrelevant with the exception of users from Turkey or Indonesia.
xiii. The Client has initiated a chargeback in relation to the funds held in the Client’s Account.
xiv. Where the Company identifies that the Client is involved and/or is using a high frequency trading software with the purpose of manipulating the Company’s systems and/or trading platform and/or has illegally and/or improperly and/or maliciously and/or knowingly gained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or this high frequency trading software is designed to abuse the Company’s systems and/or trading platform.
The Company shall be entitled to terminate this Agreement immediately without giving prior notice if the Client fails to provide to the Company his/her KYC documents within 14 days from the moment of acceptance of this Agreement, constituting, thus, his/her Account as an unverified Account.
In case of termination of this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall have no liability towards the Client and no obligation to pay the profit of the Client (if any).
In case of termination of this Agreement for a reason indicated in sections 16.a of this Agreement, the Company shall have either to wire to the Client the remaining balance or to give to the Client the opportunity to withdraw his/her remaining balance. In case of termination of this Agreement for a reason indicated in section 16.b of this Agreement, the Company shall have to wire to the Client the remaining balance excluding any profit.
A. The processing of a Client’s request and/or order shall be carried out as follows:
Following submission of a request/order, such request/order shall undergo a correctness test on the Trading Platform;
The request/order shall be send from the Trading Platform to the server;
The request/order shall undergo a correctness test by the server;
The server shall then forward the results of the correctness test to the Trading Platform;;
In case that the connection between the trading platform and the server is correct, the trading platform will receive the results of processing of the Client request or order by the Company.
The time of the process may vary and depends on the quality of the communication between the Trading Platform and the server of the Company, as well as on the market conditions. In normal market conditions the time of the process usually varies between 0-4 seconds. In market conditions that differ from normal, the time of Client request/order processing can be higher than that.
The server of the Company may refuse the Client’s request/order in the following cases:
If the client sends the request before the first quote in the Trading Platform on the market opening:
When using the trading platform it is allowed to use only one tab of the browser. In case of using several tabs of the browser the results of trade can be corrected and/or cancelled.
Closing of trading position occurs at the current price at the trading server at the moment of closing of the trading operation.
In the event that the Company has reasonable suspicion to believe and/or comes to its attention that the Client has acted fraudulently with regard to the subject matter of the Agreement, including without limitation to the following occurrences:
the Company shall be entitled to block the Client's account without prior notice and without the possibility of further money withdrawal and/or entitled to unilaterally terminate the Agreement in the extrajudicial procedure.