This Agreement is entered by you (hereinafter referred to as the "Investor") and between FinanceEdge (hereinafter called the "Investment Manager" “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.
The Company is registered in the United Kingdom under the Companies House & Law, with registration number 08046209. Its registered office is at 133 Heyes Lane, Alderley Edge, Cheshire, United Kingdom, SK9 7LH.
The Agreement overrides any other agreements, arrangements, express or implied statements made by the Company or any Introducer(s).
The Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.
A 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.
Interpretation of Terms
In this Agreement:
“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.
“Balance” shall mean the total financial result in the Client Account after the Last Trading Session, 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 the Quote Currency.
“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.
Application and Commencement
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 to 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.
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; then the Agreement shall come into force and effect on signature date.
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 of the Website and any associated downloadable software available from time to time.
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.
The Company will not be liable for any such disruptions or delays or problems in any communication experienced by the Client when using the Platform(s).
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), sends massive requests on the server which may cause delays in the execution time.
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 countermeasures of paragraph 14.2. of this Client Agreement.
Bonus / Credit
Any bonus or similar benefits provided by the Company from time to time shall be governed by their terms and conditions.
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.
The company offers up to a 100% bonus on the client’s deposit amount.
The Bonus shall become a part of the equity for securing Trading results and for increased buying power, but shall not be available for withdrawal.
Withdrawal funds from an account with a bonus:
The Client can withdrawal his initial deposit at any time when the withdrawal requirements are met.
The Client agrees to keep secret and not to disclose his Access Data or Client Account number to any third person.
The Client should not write down his Access Data. If the Client receives written notification of his Access Data, he must destroy the notification immediately.
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.
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.
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.
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.
Placement and Execution of Orders
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.
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 inquiry to the Client and any such Orders will be binding upon the Client.
Orders placed via phone will be placed by the Company on the Electronic Trading System of the Company, which are binding on the Client.
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.
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.
The Decline of Client’s Orders
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 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
- Events of Default
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 Vanuatu 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.
Fees, Taxes, and Inducements
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.
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.
The Client undertakes to pay all stamp expenses relating to this Agreement and any documentation which may be required for the carrying out of the transactions under this Agreement.
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.
The Company’s official language is the English language and the Client should always read and refer to the Main Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English is for informational purposes only and does not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.
In order to verify the Client’s account, to prevent fraud, money laundering, and allow withdrawal we need the Client to send us one document from each category:
- Valid Proof of Identity
- Driver’s License
If the Client’s Account is not verified within 5 business days, from the first deposit, the account will be terminated and the client will not be able to take any actions on it.
If the Client’s Account is not verified within 30 days from the first deposit, the account will be charged by a monthly fee on the account.