1.1. This Agreement is made between the company Financial Management Corp. (hereinafter referred to as the “Company”) and the Client (natural or legal person) who filled out an application for opening an account and was accepted by the Company as a Client (hereinafter referred to as the “Client”)
1.2. The Client hereby declares that:
a) It is legal in accordance with the applicable law and has the right to carry out investment activities.
b) In the markets where transactions will be executed or in the use of financial instruments, there are no restrictions for the Client related to his nationality or religion.
c) The Client undertakes to use the Company's intellectual property, the Platform and / or the web site solely for the operation of its Trading Account in the Company.
d) The Client acts as a principal, unless the Parties have agreed otherwise in writing, and all documents required by the Company in this case have been provided to the Company.
e) The information provided by the Company's Client in the Application for opening a Trading Account and all subsequent information is true, accurate and complete, and the documents submitted by the Client are valid and valid as the original.
f) The client has read and fully understood the terms of the Agreement.
g) Client funds used for trading are not direct or indirect income derived from illegal activities, or used or intended for financing terrorism.
h) The client is not a politically exposed person and does not have a close relationship with a person who has occupied or occupied a significant political position during the previous twelve months. Otherwise, and also if the Client did not inform about this in the registration form for opening a trading account, and also if this statement became incorrect in the course of working with the Company, he should inform the Company about this as soon as possible.
i) The client is not a citizen or resident of such countries as the USA, Iran, Democratic People’s Republic of Korea, Algeria, Myanmar, the Republic of Cuba, Syria, Angola. The company does not accept customers from the above countries.
j) The client is aware of the risks of margin trading and is fully aware of them.
k) The Client agrees to provide information from the Agreement via the website or e-mail.
1.2. The company is registered at Suite 305, Griffith Corporate Center. Beachmont P.O.Box 1510, Kingstown. St.Vincent and the Grenadines numbered 25125 IBC 2016.
1.3. This Client Agreement, together with its annexes and policies in the current edition, establishes the conditions under which the Company provides services to the Client. The client undertakes to familiarize himself with such documents, and also declares that he agrees and accepts these terms of cooperation with the Company.
1.4. This Agreement cancels any other agreements, agreements, direct or indirect statements made by the Company or its Representative (s).
1.5. This Agreement is binding and acts in the interests of the Parties to the Treaty, as well as their eligible successors.
2. Client's request to open a trading account and the commencement of this Agreement
2.1. The Company accepts a natural or legal person as a Client after filling in and submitting an application for opening an account by the Client, as well as providing the necessary documents confirming the identity of the Client for conducting internal audits of the Company.
2.2. The company does not accept the person as a Client until the receipt of all necessary documents, as well as the completion of the Client verification procedure.
2.3. The agreement comes into force from the moment of its acceptance by the Client.
2.4. The company reserves the right to refuse to accept a person as a Client without giving reasons.
3. Services provided
3.1. The Company's services include the provision of a trading platform, the acceptance and transfer of orders for execution or direct execution of orders, as well as the management of the Client’s funds in accordance with article 13 of this Agreement.
4. Tips and comments
4.1. The company does not advise the Client about the benefits of a particular order and does not provide him with any other advice regarding investment.
4.2. The Company's services do not include the provision of investment advice on financial instruments, the underlying market or assets. Exceptionally, the Client makes decisions regarding his trading account, including regarding the placement of orders, depositing funds into a trading account, withdrawing funds from a trading account (according to article 14 of this Agreement) and is solely responsible for the results of his trading account.
4.3. It is not the Company's responsibility to provide the Client with any legal, tax or other advice. If desired, the Client may seek independent advice before placing an order.
4.4. The Company has the right to provide the Client (in newsletters posted on its website or using the website or otherwise) information, news, market commentary or other information, while:
a) The company is not responsible for this information.
b) The Company does not provide guarantees of the accuracy, correctness and completeness of such information, as well as the results of its use.
c) Such information is not investment advice or financial advertising.
d) Before sending / publishing any document, the Company has the right to perform a series of actions in accordance with such a document.
e) The company does not guarantee the simultaneous receipt of information by customers.
4.5. Any information provided by the Company may be changed and deleted at any time without prior notice.
5. Granting license and platform
5.1. The Company provides the Client with a limited personal use license, non-transferable, non-exclusive and recoverable to use the Platform (s) (including use of the site and any relevant downloadable software available at a certain point in time) solely for personal use with the aim of placing orders for specific financial instrument in accordance with the terms of the Client
agreement. If the Agreement is terminated for any reason, the license will be automatically canceled and the Client will no longer be able to use the Platform software.
5.2 If the Platform includes any third-party software, its use is also governed in accordance with the terms of this Agreement. The client must comply fully with the terms of the third party software licenses, which the Company may provide to it as needed.
5.3 The Company reserves all rights to the Platform not expressly granted to the Client in accordance with this Agreement. The rights to the Platform are granted to the Client by the Company and are not subject to sale. All rights to the Platform remain the property of the Company.
5.4 The Company has the right to close the Platform (Platforms) at any time for maintenance without prior notification of the Client, in case these actions are appropriate. In these cases, the Platform (s) will (will) be unavailable.
5.5 The Company has the right to add, change or delete any of the Platforms or its components.
5.6 The Company does not guarantee that:
a) The platform will be available for operation at any time on a continuous, uninterrupted basis.
b) The platform is free of errors or defects.
c) The platform does not contain viruses or other objects with infecting or destructive properties, and is not responsible if this results in the loss or distortion of Customer data or damage to other property.
5.7. The Company is not liable to the Client for damage, destruction and / or formatting of its records and data due to problems with its computer system, mobile phone or tablet.
5.8. The Company is not responsible for any failures, delays or connectivity problems faced by the Client when using the Platform (Platforms).
6. Intellectual property
6.1. The Platform (Platforms), copyrights, trademarks, patents, service marks, brand names, program code, icons, logos, symbols, layouts, color schemes, graphics, names, etc., are the intellectual property of the Company or third parties and are protected by national and international laws and intellectual property treaties.
6.2. This Agreement does not transfer to the Client the proprietary rights to the Platform (Platforms). Nothing in this Agreement constitutes a waiver of the Company from its intellectual property rights.
6.3. The Client shall not conceal or remove any copyright notices, trademark marks or any other such notices and marks from the Company's intellectual property, site or Platform (Platforms).
6.4. The company has the right to offer its services under various trademarks and on various websites.
6.5. The company has ownership of all images displayed on its website, Platform (s), software and materials.
6.6. The client has no right to change, publish, transfer to a third party, distribute or otherwise reproduce for commercial purposes this information in any format in whole or in part without the written consent of the Company.
7. Using the platform
7.1. The client agrees that he:
a) may use the Platform only as long as it has such powers in accordance with the terms of the relevant license;
b) use the Platform only for lawful purposes;
c) will not use the Platform for purposes other than those for which it was provided under this Client Agreement;
d) is responsible for all operations carried out on his Client Account through the Platforms and the use of the Platform (including access data);
e) upon completion of the work, it will register the exit from the system on the Platform, in order to prevent unauthorized access to the personal trading account.
7.2. The Client is strictly prohibited any of the following actions in relation to the Platforms (Platforms):
a) Use of any software in which artificial intelligence is used to analyze Company systems and / or Platforms (Platforms).
b) Interception, control, distortion or modification of any messages that are not intended for the Client.
c) The use of any viruses, codes or commands that are intended to distort, delete, damage or separate the Company’s Platform (s) and / or any other system.
d) Performing any actions that may violate the integrity of the computer system of the Company or the Platform (Platforms) or cause disruptions in the operation of such a system (systems) or stop their work.
e) Implementation of any actions aimed at obtaining illegal and / or unauthorized access to the Company's systems.
f) Using the Platform (s) and / or obtaining any advantages and / or benefits from using the Platforms (s), knowing and / or reasonably believing that the Platform (s) do not work correctly.
7.3. In the event that the Company has reason to suspect that the Customer has violated the conditions of clause 7.2, it is entitled to take one or more of the measures listed in clause 11.2. this Customer Agreement.
7.4. The Client is solely responsible for ensuring and maintaining the operation of compatible equipment necessary for access and use of the Platform (s), as well as access to the Internet.
7.5. The Client hereby confirms that he applies appropriate protective measures relating to the security and integrity of his computer, mobile phone or tablet, and that he has taken the necessary measures on his part to protect the system from computer viruses, other similar malicious materials, devices, information or data, which may harm the site, the Platform (Platforms) or other Company systems.
8.1. The client undertakes not to disclose their access data to third parties.
8.2. The Client undertakes to immediately notify the Company if he knows or suspects that his access data or Trading Account number has been disclosed or may be disclosed to an unauthorized person so that the Company can take measures to cancel such access data and provide other data for subsequent access to system by the client. The client will not be able to place orders until he receives new access data.
8.3. The client undertakes to assist in all investigations of the Company regarding the misuse of his access data.
8.4. The company is not responsible for unauthorized access by third parties who have access to information, including e-mail addresses, electronic communications, personal data and access data, during data transmission between the Parties using the Internet or other communication networks, mail, telephone or any other electronic communications.
8.5. If the Company receives information from a reliable source about the possibility of access by third parties to the data of the Client, the Company has the right to disconnect its Trading Account at its discretion without incurring obligations to the Client for the results of such actions.
9. Placement and execution of orders
9.1. The Client may place orders on the Company's Platform or via a telephone call using his access data provided by the Company for this purpose, provided that the Client has provided all the necessary information.
9.2. The Company has to act in accordance with the placed order in case it was transferred through the use of access data on the Platform (Platform) or by phone, without requiring additional information from the Client, and such an order will be binding on the Client.
9.3. Orders placed by phone will be placed on the Platform by the Company.
9.4. The execution of the order can be made by the Company at its discretion, without intermediaries, or transferred to the execution of another organization.
9.5. The Company undertakes to make the necessary efforts to fulfill the order, but despite the adoption of appropriate measures, the transfer and / or execution of the order may not always be executed for reasons beyond the control of the Company.
9.6. The Company has the right, at its discretion, to add, remove or suspend any financial instrument from the Platform on any type of underlying asset or market, as necessary.
9.7. Orders can be placed during normal trading hours of the Company, on its Platform and / or on the website, as amended at the relevant time.
9.8. The company has the right, if necessary, to make changes to its spreads at its discretion. Such changes are made on the Platform and / or on the site, and the Client is responsible for checking for updates.
9.9. The client must ensure and maintain the initial margin and / or hedged margin within the limits determined by the Company at its own discretion for the appropriate period of time according to the terms of the contract for each type of CFD. In case of force majeure, the Company has the right to change margin requirements without prior notice to the Client. In this situation, the Company has the right to apply new margin requirements to new and open positions.
10. Restriction of client orders
10.1. Without limiting the other provisions of this Agreement, the Company has the right, at any time and at its discretion, without any notice or explanation to the Client, to restrict the Client’s trading activities by canceling orders, rejecting the transfer or executing any of its orders, and the Client has no right claim any damages, order execution or compensation from the Company, in the event of:
a) Disruption of the Internet connection or communication lines.
b) Court orders, at the request of the regulatory or supervisory authorities of Saint Vincent and the Grenadines, or of government agencies to combat fraud or to combat money laundering and the financing of terrorism.
c) When the legality or authenticity of the order is in doubt.
d) Force majeure.
e) In case of default by the Client.
f) The Company sends a notice of termination to the Client by the Company.
g) If the Company's system rejects the order due to trade restrictions.
h) Abnormal market conditions.
i) If there are not enough funds on the balance of the Client's Trading Account for a specific order.
11. Default and consequences of default:
11.1. Non-fulfillment of obligations, among other things, is considered:
a) Client’s refusal to fulfill any obligations to the Company.
b) Failure to repay the Client’s debt at maturity.
c) When the clauses set forth in clause 1.2. or become false.
d) In the event of the death of the Client, the announcement of his missing, as well as in the event that the Client acquires a mental illness (if the Client is an individual).
e) The case when the Company reasonably believes that it is necessary or desirable to take the measures set out in clause 11.2.
f) The competent regulatory authority or court requires the implementation of the action set forth in Article 11.2.
g) The Company has reason to believe that the Client involves the Company in any type of
fraud or illegal activity, or the Company risks to be involved in any kind of fraud, illegal activity, providing services to the Client, even if it is not directly related to the offense of the Client.
h) The Company has reason to believe that the Client violates the requirements established by the legislation of Saint Vincent and the Grenadines or other countries under the jurisdiction of which the Client or his trading activities are located.
i) If the Company suspects that the Client is engaged in money laundering, terrorist financing, fraud or other criminal activity.
j) The Company has reason to believe that the Client has committed an action prohibited by any provision of this Agreement and / or its annexes and / or company policies.
k) The company has reason to believe that the Client implements non-normative trading methods such as (among other things) scissors, scalping, pip-hunting, placing a stop order for a position of sale or purchase before financial data is released, manipulation, etc.
l) The Company has reason to believe that the Client has opened a Trading Account fraudulently.
m) The Company has reason to believe that the Client has forged or used a stolen card to replenish its Trading Account.
n) The company knows and / or suspects that when placing an order, the Customer knew and / or believed that this order would be executed or was executed at an off-market price. Such decisions regarding a specific order are made at the Company's sole discretion.
11.2. In case of default, the Company has the right, at its discretion, at any time and without prior notice, to take one or more of the following actions:
(a) Immediately terminate this Agreement without prior notice to the Client.
(b) Close open positions.
(c) To prohibit access to the Platform (Platforms) on a temporary or permanent basis, as well as suspend or prohibit any actions on the Platform (Platforms).
(d) Refuse the Client to transfer or execute any order of the Client.
(e) Restrict Client’s trading.
(f) In the event of fraud, or in accordance with the order of the law enforcement authorities of the relevant state, return the funds to their actual owner.
(g) Suspend or cancel a profit obtained in the course of unlawful trading operations indicated in clause 11.1 (k) or using artificial intelligence on the Client’s account.
(h) Submit a claim for damages suffered by the Company.
(i) Cancel and / or cancel any profit obtained as a result of the activities described in previous paragraph 11.1.
12. Confirmation of the transaction
12.1. The company provides the Client with reports on its operations. To this end, the Company provides the Client with online access to his Trading Account via the Platform (Platforms).
12.2. In the event that the Client has reason to believe that the execution of the order is incorrect, the Client must notify the Company of such suspicions within five business days from the date of its execution so that the Company can assess the correctness of the execution of a specific order. If the Client does not express any objections regarding the execution of the order during the term specified in this article, the order is considered approved by the Client and its result is final.
13. Rules of handling the client’s funds
13.1. The Company does not pay to the Client the commission received due to the use of the Client’s funds (except for the profit received during trading operations on his Trading Account (Trading Accounts) under this Agreement.
13.2. Client funds may be held at or outside the bank in Saint Vincent and the Grenadines.
13.3. The company has the right to transfer the funds of the Client to his heirs, assignees, legal owners.
13.4. The company has the right to deposit Client's money in a financial institution outside of St. Vincent and the Grenadines at the Company's option. The Client hereby waives any claims or rights in relation to such financial institution.
14. Trading accounts, deposits and withdrawals from the trading account
14.1. The company opens one or several Trading Accounts for the Client to place orders for specific financial instruments.
14.2. Information on the various types of accounts offered by the Company to the Client, as well as on the characteristics of such accounts of the Client are on the official website of the Company and may be changed at the discretion of the Company.
14.3. The Client's account becomes active when the Client makes the minimum initial deposit and verifies the Client by the Company. The minimum initial deposit may vary depending on the type of Trading Account offered to the Client.
14.4. The Client may replenish the Trading Account at any time during the term of this Agreement. The method of replenishment and currency are set by the Company at the relevant point in time. Detailed information on the replenishment of the Trading Account is available on the Company's official website.
14.5. The Company has the right to request from the Client any documentation in order to confirm the source of the funds deposited into the Client’s account. The company has the right to reject the Client’s deposit if the Company is not sure of the legitimacy of the source of funds.
14.6. When the Client makes a deposit, the Company credits to the appropriate Trading Account the corresponding amount actually received by the Company.
14.7. If the funds sent by the Client are not credited to his Trading Account in due time, the Client is obliged to notify the Company and request the Company to submit a request for a bank investigation on this transaction. The client agrees that he must pay the costs of the investigation, and the amount of the payment is charged from his Trading Account or he pays this amount directly to the bank conducting the investigation. The client agrees that in order to carry out an investigation, he must provide the Company with the requested documents and certificates.
14.8. The Company must complete the withdrawal of the Client’s funds after receiving the relevant request from the Client, according to the method set by the Company at the relevant time.
14.9. After the Company receives an order from the Client to write off funds from the Client’s account, the Company pays the specified amount if the following requirements are met:
(a) the withdrawal request includes all necessary information;
(b) the application requests a transfer to the account from which the transfer is made previously (bank account, payment system account, etc.) and from which the money was originally credited to the Trading Account, or another account owned by the Client, if the amount is withdrawn in excess of the deposit amount;
(c) the account from which the withdrawal of funds is expected belongs to this Client;
(d) at the time of payment, the Client’s balance exceeds the amount specified in the withdrawal application, including all fees;
(e) the absence of force majeure circumstances preventing the Company from withdrawing funds;
(f) free funds on the Client's Trading Account are sufficient to withdraw the requested amount.
14.10. The Company does not accept anonymous payments or payments made by third parties to the Client’s account and does not transfer the withdrawn funds to any other third party or to an anonymous account.
14.11. The Company reserves the right to reject the request for revocation of the Client’s funds if it requests a specific transfer method, and also has the right to offer an alternative transfer method.
14.12. All fees for the transfer of funds, as well as third-party payment commissions are borne by the Client, and the Company writes off these costs from the corresponding Trading Account.
14.13. The client may request an internal transfer of funds to another Trading Account with the Company which owns it. Internal transfers are made according to the current policy of the Company.
14.14. If the Client has provided incorrect data for the withdrawal of funds from the trading account, the Company shall not be liable for errors in the implementation of the transfer and the losses incurred are the responsibility of the Client.
15. Inactive and dormant accounts of Clients
15.1. If the Customer’s Trading Account is inactive for a month, a monthly fee of $ 25 or 25 euros is charged for servicing such a Trading Account.
16. The right of pledge
16.1. The Company has the right to pledge all the funds of the Client held by the Company, its partners or authorized persons, up to and including the fulfillment of the obligations by the Client.
17. Mutual repayment of claims
17.1. When the total amount payable by the Client is equal to the total amount payable by the Company, automatic offsetting and compensation of obligations occurs.
17.2. If the total amount payable by one party exceeds the total amount payable by the other party, the party with the larger aggregate amount payable pays the difference to the other party.
17.3. In the event of termination of this Agreement, the Company has the right to consolidate the balance of the Client’s accounts and offset it.
18. Company Remuneration
18.1. The provision of the Company's services is subject to fees (for example, rollover fees, service charges), which are indicated in the list of the Company's commission fees on the Platform and / or on the official website (based on the situation).
19.1. The official language of the company is English. In case of doubt as to the content of the document, the text in English will prevail.
20. Exchange of information and written notices
20.1. The Client hereby expresses its consent to receive written information from the Company electronically (via email, via platform, live-chat, by posting on a website, etc.).
20.2. The Client hereby undertakes to notify the Company of any changes in the Client’s contact information.
20.3. The client may call the Company during its normal business hours. The company may contact the Client by phone during its normal business hours.
20.4. Any written notices sent to the Company must be received within the Company's business hours. All notifications received during non-business hours are considered to be received on the next business day.
20.5. Cases where the Company cannot contact the Client within a reasonable time may qualify as failure to fulfill obligations under article 11 of this Agreement.
21. Amendment of the Agreement
21.1. The Company may modernize the Trading Account, convert the type of the Trading Account, update or replace the Platform, expand the range of services provided to the Client, if the Company has reasonable grounds to believe that this action is in favor of the Customers, as well as change any terms of the Agreement if necessary.
21.2. The Client undertakes to review the current edition of the Client Agreement on the official website of the Company.
21.3. Changes made are considered approved by the Client if the Client has not notified the Company of the opposite within 10 working days after the publication of these changes on the official website of the Company. During the term described in this clause 21.3., The Client has the right to terminate this Agreement in accordance with the conditions set out in clause of this Agreement.
21.4. Unless otherwise provided by this Agreement, the Company may, if necessary, revise its expenses, fees, costs and commissions. Such changes are made on the Platform and / or on the site, and the Client is responsible for checking for updates on a regular basis.
22. Termination of the Agreement
22.1. Without limiting the Company's rights in accordance with this Agreement, in order to terminate this Agreement, one party must provide written notice to the other party no less than 15 business days.
22.2. Termination by any Party of this Agreement does not affect obligations that have already been assumed by each of the Parties, or any rights and obligations that have arisen under the Agreement.
22.3. Upon termination of this Agreement, all amounts payable by the Client to the Company are payable immediately, including (among other things) all expenses payable and any other amounts payable to the Company, any costs and additional costs incurred by the Company or incurred as a result of the termination validity of the Agreement.
22.4. After the notice of termination of this Agreement is sent before the date of termination of this Agreement:
(a) The client must close all open positions. If he does not do this before the termination of the Agreement, the Company, at its discretion, has the right to close all of its open positions;
(b) the Company will have the right to stop providing the Client with access to the Platform (Platforms) or may limit its right to use the Platform (Platforms);
(c) The Company has the right to refuse to accept new orders of the Client;
(d) The Company has the right to refuse the Customer to withdraw funds from his account and reserves the right to withhold the Customer’s funds in case of the need to close the Customer’s open positions and / or if the Customer must make any payments under this Agreement, as well as if there are signs illegal activities, alleged illegal activities, Customer fraud or receipt of relevant instructions from the relevant authorities.
23. Force Majeure
23.1. Force majeure, among other things, includes: government action, the outbreak of war or hostilities, the threat of war, terrorist acts, national emergency, riot, civil unrest, sabotage, requisitioning or any other international disaster, economic or political crisis, natural disaster , earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster or force majeure, which makes it impossible to provide services to the Company, labor disputes and lockout , suspension of trading in the market, liquidation or closure of any market, fixing the minimum or maximum trading prices in the market on which the Company bases quotes, imposing restrictions, special or non-standard terms of trade in any such market or a regulatory ban on the activities of any lot ( only the Company did not provoke this ban), decisions of state authorities, regulatory bodies of organizations, decisions of governing bodies on organized trading platforms, destruction, refusal or not spravnost any electronic, network and communication lines, the financial failure of any relevant supplier, financial institution, broker-agent, liquidity provider, agent, and so forth.
23.2. If, in the opinion of the Company, there is a force majeure circumstance, (without limiting any other rights provided by the Agreement), the Company may take the following actions without prior notice and at any time:
a) Suspend or amend the application of any or all of the terms of the Agreement to the extent that force majeure makes it impossible or impractical for the Company to comply with them.
b) To take or not to take other actions that, at the discretion of the Company, are appropriate in these circumstances for the Company, the Client and other clients.
c) Disable the Platform (Platforms) in the event of a malfunction or to avoid damage.
d) Cancel Customer Orders.
e) Refuse to accept the Client's order.
f) Deactivate the Client's trading account.
g) Increase margin requirements without notice.
h) Close any or all open positions at certain prices when the Company reasonably considers this appropriate.
i) Increase spreads.
j) Reduce leverage.
k) Change the level of Stop Out.
23.3. The Company is not responsible for any loss or damage resulting from any refusal, suspension or delay in fulfilling its obligations under this Agreement in the event that such failure, interruption or delay occurred due to force majeure.
24. Limitation of liability and damages
24.1. If the Company provides information, recommendations, news, market information, etc. (in newsletters that it may post on its website or otherwise), the Company is not responsible for any loss, cost, expense or damage incurred by the Client due to inaccuracies or errors made in the information provided.
24.2. The Company is not responsible for any loss, damage or expenses incurred by the Client, which are directly or indirectly related to the following situations:
a) Any error, delay, disconnection, interruption or failure of the Platform (s), communication lines, equipment or software.
b) The Company's failure to fulfill any of its obligations under the Agreement as a result of force majeure circumstances or for any other reason beyond its control.
c) Acts, omissions or negligence of a third party.
d) Obtaining the Client's access data or other confidential information by any person until the Client notifies the Company of the fact of its access data abuse.
e) Any of the risks mentioned in the Clarification of Risks.
f) Currency risks.
g) Any changes in tax rates.
i) Client's use of such functions as trailing stop, advisor and stop-loss order.
j) Under abnormal market conditions.
k) Any action by the introducing broker.
l) Any acts or omissions of the Client and / or his authorized representative.
m) The results of the work on the trading account of the Client or his authorized representative.
n) In the event of insolvency, action or omission of any third party.
24.3. The Client is obligated to pay damages if the Company, its directors, employees, or agents suffer damage of any kind due to the fault of the Client in the event of unfounded accusations.
24.4. The Company is not liable to the Client for losses, loss of profits, loss of opportunity, costs, etc., that the Client may incur in connection with the implementation of this Agreement.
25. Claims and disputes
25.1. If the Client wishes to file a complaint, he must send the complaint via the e-mail indicated on the Company's website. The Company seeks to review and resolve complaints without undue delay and in accordance with the Complaints Procedure of the Company's clients.
25.2. In the event of a situation that does not directly fall under this Agreement, the Parties agree that they will try to resolve this issue by peaceful means.
26. Applicable laws and regulations
26.1. If a settlement is not reached by the means described in Article 25, all disputes and controversies arising in connection with the Agreement are referred to the court of Saint Vincent and the Grenadines.
27.1. The Company has the right to reissue, sell, transfer or delegate to a third party some or all of its rights and / or obligations under this Agreement or the execution of the entire Agreement to a third party.
27.2. The Client hereby agrees that in the event of a transfer, assignment or renewal described in the previous clause 27.1, the Company has the right to disclose and / or transmit all information about the Client (including, among other things, personal data, records, correspondence, documents of the Client, files and records, the history of the Client’s trading), as well as the Trading Account and the Client’s funds in the required amount.
27.3. The Client is not entitled to transfer, assign, entrust, reissue or otherwise transfer his rights and / or obligations under this Agreement.
28. Authorized Representative
28.1. The Company may in some cases allow an authorized representative to place warrants for the Company on behalf of the Customer or resolve any other issues related to the Trading Account or this Agreement, provided that the Customer notifies the Company in writing of the appointment of an authorized representative, and this person meets all the requirements and approved by the Company.
28.2. If the Company does not receive a written notice from the Client about the termination of the permit of an authorized representative, the Company, without limiting the provisions of clause 28.4, has the right to continue to accept orders and / or instructions regarding the Trading Account from an authorized representative on behalf of the Client, and the Client will recognize such orders as valid and binding for him.
28.3. A written notice of the termination of the authorized representative’s permission must be received by the Company no later than 5 business days before the date of the termination of such authorization to grant authority.
28.4. The company has the right to refuse to accept orders and / or instructions regarding the Trading Account from an authorized representative in any of the following cases:
(a) if the Company has reason to suspect that the authorized representative is not legally allowed or is not duly authorized to act as such;
(b) in the event of default;
(c) in order to ensure that the Company complies with the relevant market rules and / or practice, applicable regulations or other applicable laws; or
(d) in order to protect the interests of the Client.
29. Joint account holders
29.1. In the case when the concept of "Client" consists of two or more persons, their responsibility under the Agreement is joint and several. Warnings and other notifications filed with one of the persons forming the concept “Client” are deemed to be provided by all persons who make up the “Client”. Orders submitted by one of the persons constituting the term “Client” are considered to be submitted by all persons constituting the term “Client”.
29.2 In the event of death or incapacity due to a mental disorder of one of the persons forming the concept of “Client”, all funds held by the Company or its representative are placed at the disposal of the survivor (survivor), and all obligations and liability for debt owed to the Company and
30. Currency conversion
30.1. In the event that the Client deposits money in a currency other than the currency of the Client’s account, the Company must convert the amount deposited into the currency of the Trading Account. The company must conduct this transaction at a reasonable market rate and / or the exchange rate of the bank, which it considers appropriate. The Company has the right to charge the Customer for currency conversion fees or withhold a price premium from exchange rates for organizing such a conversion, the Company informs the Client as necessary and publishes it on the Platform and / or on the website. The Company has the right to charge expenses from the Trading Account or from the deposited amount in connection with the conversion of currencies for the Client, including banks' commissions and money transfer rates, intermediary fees.
30.2. In the event of currency fluctuations, the Company is not liable for any loss or damage incurred by the Client.