End-User License Agreement
General Terms and Conditions: This Agreement is entered into between Bull Sphere, hereinafter referred to as the "Company" on the one hand and a person or entity who has successfully applied for an account opening hereinafter referred to as the "Client" on the other party.
These agreements together with other relevant documents on Bull Sphere’s company website and other platforms would regulate all client CFDs trades with the company during its mutual agreements. Its implication and circumstances will be comprehensively remarked as “General Business Conditions”, “Partner Agreement”, “Risk and Warning Disclosure”, “Client Compliance Handling”, and “Bonus Usage Terms and Condition”. This also includes any related bindings and all that have been mentioned can be subjected to occasional changes that are collectively referred to as the “Agreement”. This Agreement shall be deemed to supersede any other express or implied agreements made by the company or its agents. This agreement shall be deemed to be in its highest capacity with the highest binding power over other agreements, it is assumed that the client has read, understood, and acknowledged from the date of applying for an account opening. and must strictly follow.
In this document (agreement or client agreement) the definitions of terms are defined as follows: "Access Data": the name and password used by the Client to log in to open CFDs orders with the Company on the trading platform as well as other confidential investor passwords, phone password or other similar passwords which are used to access personal information to carry out non-trading activities and others of the same nature.
"Application or Account Opening Request": The Company's application or forms that the client fills in online on the Company's website. and/or on the mobile app and/or on printed and written documents to apply for the Company's services under the Agreement and to open a client's account whose information the Company receives from such operations whether it is identity verification as well as client status information, including financial information, for appropriateness in accordance with applicable regulations and possibly for a suitability analysis.
"Affiliate”: Any organization associated with the Company. as well as having a relationship with the company which is an organization that controls the company or is controlled by the company either directly and/or indirectly which is under the same control as the Company, whether directly and/or indirectly as well as any that are in the characteristics. The controls include controls that have the authority to direct the roles and duties of managing the business of that company or organization.
"Agreement": This document (Client Agreement) and documents on the company website including those that fall into the scope of characteristics as well as having meanings of General Business Conditions, Partner Agreement, Risk and Warning Disclosure, Bonus Terms and Conditions, Client Complaint Procedure, etc. This may be revised from time to time. including other related.
"Applicable Rules": Rules of the relevant regulatory bodies having jurisdiction over the Company are rules of relevant reference markets and other laws, rules, and regulations. All of the countries in which the company holds the applicable license.
"Balance": the total balance of the client's account when making a transaction. including deposits and withdrawals to the present. This includes the most recent complete list.
"Major Currency": The first currency in a currency pair, which clients use to buy or sell against various currencies, including the minor ones.
"Asking price": The price at which a client may open an order which may be priced higher than the market price.
"Bidding price": The price at which the client may open a sell order which may be priced lower than the market price.
"Business Days": Regular weekdays, except Saturdays, Sundays, and other international holidays. It includes the company's announcement on the website as well.
"Client's Account": The client’s personal account contains all transactions including other related means including amount, various positions, and orders in the trading platform.
"Client Platform": MetaTrader or MT version 4 or 5 or any other form of the trading platform including websites and mobile phones without limiting the foregoing but includes any other characteristics which are covered in nature which the clients use to obtain current information in real-time of the market and refer to various transactions or cancel a trading order as well as receiving notifications from the company and keeping records of transactions and other.
"Open Position" means any position that has not yet been closed, “Buy” or “Sell”, or otherwise in the sense of that nature that is not considered a complete order to trade CFDs.
"Closed Position": The opposite state of the open position.
"Complete transaction": opening and closing positions of the same size and the same financial instrument and executing CFDs trading, which means that the execution of the characteristics Buy before you sell or sell before you buy imply similarities.
"Contracts for Differences" ("CFDs"): a contract between two parties, the "Buyer" and the "Seller", requiring the buyer to pay the difference between the present value of the underlying asset price. and the value of the asset price at the time of the binding contract but if the difference is negative the seller must pay the difference to the buyer. CFDs are also considered to be financial instruments.
"Contract Specifications": The main requirements for trading CFDs are Trading Fees, Lot Size, Initial Margin, Required Margin, Hedge Order Margin (Hedged Margin), The minimum level for setting Stop Loss, Take Profit, Spread, Swap, limit orders, financial charges, swaps, and other fees for each CFDs types or categories as required as well as the characteristics that fall within the meaning of this and other related.
"Client's Account Currency": Displayed currency in the Client's Account. The Company determines which currencies can be used as the account currency and may change from time to time.
"Currency pair": The price of two different currencies, where the value of one currency is calculated in units of the other currency in CFDs transactions. A currency pair consists of two currencies: the major currency and the minor currency. It shows the amount of secondary currency required to purchase one unit of the major currency.
"Equity": Balance plus or minus profit or loss which is a floating value from open positions which can be calculated as follows:
Balance + (Profit – loss) and/or Free Margin + Margin
"Error price or spike": An error price that looks like this: Unusually large price gaps occur within a short period and the price rebounded with a price gap and prior to the gap, there was no rapid price movement. This includes before the gap and immediately after the gap. There are no major macroeconomic indicators and/or economic reports have not been published prior.
“Cause of breach of contract”: This shall be construed with reference to the meaning contained in this Client Agreement in which such category is addressed and includes the entry into such meaning as well.
"Automatic Trading System (EA)": An automated online trading system designed to automate trading activities on electronic trading platforms. The system can be set to alert clients on trading opportunities, and it can also be traded in the client's account automatically by managing all aspects of trading activities such as sending orders directly to the trading platform to adjust Stop Loss levels, Take profit automatically as “Contract for Differences”.
"Floating Profit/Loss": The current profit/loss on an open position calculated based on the current price. (Includes trading commissions or fees if applicable) to trade CFDs.
"Force Majeure": This shall be interpreted with reference to the meaning contained in this Client Agreement which is included in that category and includes such similar meaning as well.
"Free Margin": The amount of money available in the client's account that may be used to open a position or to keep it open. Free Margin is calculated by Equity minus Required Margin, i.e., “Free Margin = Equity – Required Margin” as a calculation method.
"Hedged Margin": Margin required by the company to open and maintain hedging positions in CFDs trading.
"Hedged Positions": Buy and Sell positions of the same size on the same instrument or other financial nature opened in the same trading account.
"Indicative Quote" Means the price at which the Company has the right to not accept orders or not execute orders in CFDs trading.
"Initial Margin": This is the margin required by the Company to open a position to trade CFDs.
"Instant execution": How the order is executed, the client's order is executed at the price that the client places on the system or it may not be processed entirely in case of the price changes during the request process, the client will receive a re-quote. Requoting is an indication to the clients to notify that the client’s requested price is no longer available in the market and the client has 3 seconds to accept or reject the new price. If the client accepts the new price, the client's orders will be executed at the new price. If the client rejects the new price or does not respond to the re-quote, such orders will not be executed completely and will be canceled immediately.
"Investment Account": An individual account that investors use to trade.
"Investor": Clients who use trading services through the company's system by copying the strategy of the strategy provider.
"Leverage": The ratio of transaction size to gross margin in CFDs trading is 1:100, 1:200, 1:500, 1:1000, therefore, to open a position, the gross margin is one hundred times less than the transaction size.
"Buy”: An order (Buy) whose value may increase if the underlying market price increases in CFDs trading, for example, in terms of trading currency pairs, means buying the major currency using the secondary currency.
"Sell": A Sell order in which the value will increase if the underlying market price decreases in CFDs trading, for example, in terms of trading currency pairs, it can mean selling the major currency to gain a secondary currency. The Sell position has the opposite meaning to the sell (buy) position.
"Lot": A unit of measure for the transaction size specified for each of the underlying asset CFDs.
"Lot Size": The number of underlying assets in one lot in CFDs.
"Margin”: The fund required to open a position or keep it open in CFDs transactions as collateral.
"Margin Call": This is the situation where the Company informs the Client that the client does not have sufficient margin to open order or maintain an open position. Pending orders may be at risk of being stepped out or FORCE Sell or force close.
"Margin Level": The percentage of the required equity-margin ratio used to trade CFDs that are calculated based on the Margin Level per the Company Policy informed to the client.
“Market Execution”: Orders from clients, the order is executed at the current market price the moment the order is being executed.
"Market Order": An order opened by a client to buy or sell a security at the current market price which can be described as an order/ client’s order sent to the Company for immediate execution of an order at the current price of the said asset on the market.
"Maximum Deviation": is the difference in price at which the order will be executed against the price requested by the client which is customized by the client on their platform (in pips) so that the position can be opened or closed even if the price is different from the price requested by the client.
"Margin Required”: The margin required by the Company to maintain open positions in CFDs trading.
"Order": An order to sell or buy from a financial instrument of a client.
“Parties": Parties to this Agreement which is the company and the clients.
"Pending Order": is an order that is opened by a client to buy or sell CFDs in the future according to pre-set conditions. A client's order to open a buy or sell position when the asset's price is at a predetermined level.
"Personal Area": Client's page on the Company's website.
"Political Person": shall mean the following: Persons who have been entrusted to senior positions of that state or country during the preceding 5 years, both within or agencies or organizations at the international level. To expand on those aforementioned, it also includes high-level state duties positions, namely: State leaders, government leaders, ministers and high-level politicians government officials and officials high-ranking judges, ambassadors, charge d'affaires, persons appointed as an honorary consulate, senior officers in the army, members of the Central Bank, Executive Committee Member of the Board of Directors of State Enterprises and influential political party officials and their close family members. This includes spouses and partners who are legally deemed equal in that country to spouses. Children and spouses or partners of children, parents, and siblings. It also includes any person close to such person as defined in this definition. It means a person who is known to have a common interest in a partner, entity, trust or has other close business relationships with the entity, partner, or trust and any person receiving benefit exclusively from the entity, partner, or trust that is also known to be established for the benefit of that entity, partner or trust.
"Price gap": Any difference between two prices greater than one minimum price change (one point).
"Price": Information on the current price of an underlying asset in the form of the offer price.
"Minor Currency": The second currency in a currency pair that clients can buy or sell in exchange for the major currency.
"Price Database": Price flow data stored on the server in CFDs trading.
"Price Flow": The real-time price flow displayed in the trading platform for each CFD.
"Trading Server": The trading platform's software server and other than any platform that facilitates trading, including (but not limited to) via the website and mobile phone. The trading server is used to prepare for the execution of orders or clients’ orders or requests to provide real-time trading information and historical information of the client's trading activity (Content is as determined by the company) where the company and the client are jointly responsible.
"Services": Services offered by the Company to the Client as set forth under this Agreement.
"Slippage": The difference between the prices that the client submits a request for a CFDs transaction against the price at which the transaction was executed. Slippage usually occurs during times of increases in price fluctuations (e.g., during news releases) preventing the opening of orders at certain prices from being executed as well as pending orders or executing a large order. There may not be enough liquidity at the required price level for positions to be opened at that price, with slippage often occurring in market price execution and may occur in immediate execution once the maximum deviation is set.
"Social Trading": a service offered by the Company on the website and/or mobile application enables the clients to choose whether they want to register as an investor and mimic strategies from the Strategy Provider or choose to be a strategy provider by creating their trading strategies to attract investors.
"Trading period": means the following:
- The period starts from the time at which strategy was created to 11:59.59 (UTC+0) on the last Friday of that calendar month which counts as the end of the trading period; or
- Any period following the time interval specified in the first paragraph which ends at 23:59:59 UTC+0 on every Friday of the end of the calendar month and re-establish on the next month’s round.
"Spread”: The difference between the asking price and the bid price.
"Strategy": An account opened by the Strategy Provider for trading with the system which is for investors to make and invest (a method used to open a client's buy/sell order).
"Strategy Provider": Clients who use the Social Trading system and create their trading strategy that corresponds with the strategy creation criteria set by the company.
"Swap or Rollover": Interest to be earned or deducted from holding a position overnight during the closing and opening hours of trading CFDs.
"Commission from trading”: fee charged for providing services.
"Trading Platform": The Company's online trading system includes computer equipment, software, databases, telecommunication hardware, programs, and technical facilities that provide real-time quotes. This allows clients to receive real-time market information, market technical analysis, make transactions, open and delete trading orders, receive notifications from the Company, and keep records of all transactions, and calculations of obligations between the Client and the Company. The trading platform comprises the trading server and the Client Platform.
"Trailing Stop": a tool in the Ctrader or MetaQuotes MT4 or MT5 platform, as well as any other tool of this nature. Trailing Stops are always active on open positions and can be set to run in the client's terminal. Trailing Stop can only be open one order per open position after the Trailing Stop has been set. When the price changes, the client's platform analyses the open position to determine profit or loss. When the unit profit is equal to or greater than the specified level, a Stop Loss order is automatically assigned. The distance between the order level and the current price is set accordingly, when the price changes in the direction that results in an increase in profitability of the order, a Trailing Stop is triggered, which automatically causes the Stop Loss level to move with the price. The Stop Loss level is not adjusted after every Stop Loss level is automatically adjusted. The history will be recorded in a log within the client's platform.
"Transactions": any CFDs orders that are executed on behalf of the Client under this Agreement.
"Transaction Size": the lot size multiplied by the number of lots in CFDs trading.
"Underlying Asset": The underlying asset in CFDs can be a currency pair, metal, futures, commodities, or other assets offered by the company which may be subject to changes from time to time.
"Underlying Market": The relevant market in which CFD underlying assets are traded.
"Website" means the website of the Company that https://www.bullsphere.com or other websites created by the Company.
"Written Notice": Announcement or communication sent by e-mail within the trading platform; e-mail, fax, postal delivery; airmail or any various method to contact clients, company website including the personal area of the clients.
“Work”: In the case of client status that receives benefits through referrals, or other such work definitions are solely called Client Actions that perform such Referrals. By this definition, it does not mean Working as an employee or representative of the company or contractor or representing the company in any way.
“Points”: If the company has points (Points) for the client to redeem various benefits as specified by the company. We reserve the right to redeem the rewards as announced. It cannot be used as a substitute for or exchange for money. If the Client's status is terminated or the Client has canceled, closed the port, or any other means which are construed in such manner, including the Client in breach of this Agreement. It shall be deemed that such accumulated or remaining points are immediately zero.
For further understanding, explain as follows:
In this Agreement, the term refers to a person who will include the company, partner of the company, other body of persons, and other juristic persons and all that are in the same nature. A statement that refers to the company, partner of the company, legal entities, and all in the same nature shall include the person.
paragraphs of various topics in this agreement are for convenience of reference only.
In this Agreement, reference to any law and/or regulation means the law and/or regulation of the existing law as amended, incorporated, or enforce occasionally including the practice of secondary laws, procedures, or orders established by laws, regulations, or provisions of that law.
Acceptance and Verification Analysis in terms of client status are as follows:
The Company may not accept any person as a client and will not establish an account for the client nor receive funds from that person and/or has the right to deny access to initiate any trading activities until that person completes the application for account opening correctly and completely and submit the said application along with all the identity documents that the company claims and must pass all internal audits of the company (including but not limited to Anti-Money Laundering Checks, suitability test, and the identity verification process). In addition, during the time of conducting business between the company and the client, the Company has the right to request documents and/or any other information from clients at any time as the Company deems appropriate as part of the Client Activity Verification Measure, the Company reserves the right to enforce additional provisions of due diligence prior to accepting clients residing in certain countries.
- Provided the client accepts the documents on the company website which specify the terms of service of the company, clients will be able to choose to deposit funds in any amount and currency determined and accepted by the Company on a case-by-case basis can commence trading. The Company reserves the right at its sole discretion at any time to determine the minimum and maximum amount of the deposit as well as the period required for the client to submit a complete identity document in accordance with the Company's requirements and other ad hoc requests in connection with this section, the client will be notified with written notice. If the client does not confirm his identity or submit documents confirming his/her identity completely in accordance with the Company's requirements, the company reserves the right to return the deposit to the source of funds, and the Company will impose restrictions on the use of the client's account, with but without limitation and limiting additional deposits and/or termination of business relationship with the Client followed by immediate closure of the Client's Account and/or taking other actions as required; necessary.
Services - The Company may, at its sole discretion, consider providing the following services to the client provided that the client agrees to comply with the obligations of these contracts.
- Receiving and sending clients' orders in CFDs.
- Execution of client orders in CFDs.
- Provide protection and management of financial instruments for client accounts (as available), including deposit retention and other related services such as cash management or collateral.
- foreign currency service if the Service is related to the service of receiving and sending trading orders as determined by the Company and in this Agreement.
Guidance and Information:
The Company will not advise the Client on the merits of a particular transaction or provide investment advice in any form. The client acknowledges that this service does not provide advice. In terms of investing in CFDs or underlying markets, the client is the sole operator of the transaction, and the relevant decisions are made at his/her discretion. Requesting the Company to process any transaction, the client represents that he or she is solely responsible for assessing and verifying the risks of such transactions. Clients certify that they have expertise in the market including sufficient professional advice and experience to independently assess the merits and risks of any transaction. The Company does not warrant the suitability of the products traded within this contract and the Company does not have a position as a custodian of the clients' interests.
In addition, the company has no obligation to provide any advice to clients neither legal, tax, or other aspects in connection with the client’s transaction. The Client should seek professional advice on any tax liability and hereby notify clients that tax laws may be subject to changes occasionally.
The company may provide information news, learning media, market analysis, or other information to clients occasionally at the discretion of the Company (or in the newsletter which may be announced on the Company's website or to members through the website or trading platform or otherwise). Providing this information is not a service of the company. From the information is provided above, the company is not responsible for such information and does not certify, warrant, or guarantee the accuracy, correctness, or completeness of such information or any tax or legal consequences arising from any trading orders and/or transactions. The provided information is presented solely for informational purposes to help clients make their own investment decisions and is not considered a recommendation in presenting to lead clients. If the document has restrictions on who or what type of person should not be the recipient of the document or the document should not be published, the client agrees not to forward those regarded documents to such person or category. The client agrees prior to the Company sending such information to the Client, the Company may process the information in order to make use of that information. The Company does not guarantee the length of time the Client will receive the information and cannot guarantee that the client will receive such information, along with other clients.
To agree, the learning media, market analysis, news, or other information that the company provides or offers is subject to change and may be canceled at any time without prior notice.
In this regard, the Company is not involved in signaling or any other. The foregoing is solely for advice and information.
Costs and Taxes: The provision of services and the execution of trading and non-trading activities under this Agreement shall be paid by the Client to the Company. Expenses payable to the Company are set forth on the Company's website and/or on the Client's area and/or notified to the Client through other channels. Expenses related to trading operations under the Agreement may be charged upon opening and/or while holding status and/or when the said trading operation is closed.
When opening order for CFDs, the associated costs may appear in different formats. It represents the value of CFDs; therefore, it is the client's responsibility to understand how the costs are calculated in this respect.
The Company may modify the costs occasionally, the Company will send a written notice to the client notifying any changes before it comes into effect and the client will be able to cancel the contract immediately if such change is caused by a change in interest rates or tax liabilities or where there is a justifiable reason. The Company has the right to make changes without prior notice to the Client, provided that the Company shall notify the client as soon as possible and the client can cancel the contract immediately.
in providing services to clients, the company may pay or receive a commission, fees, or any other monetary or non-monetary benefit to/from a third party as permitted under applicable statutes. The Company shall provide the Client with information about such benefits if required under the applicable rules.
Clients agree to pay all stamp duties required in this Agreement and on any documents that may be required to carry out transactions under this Agreement.
In some cases, the Company may charge the Client a fee for processing a deposit/withdrawal. The cost for depositing or withdrawing funds depends on factors such as the size of the transaction, type of transaction, transaction currency, and other payment systems.
Trading fees and/or spread and/or other expenses from any trades made in the Market Maker account are displayed on the Company's official website in the Contract Specifications section and/or the Client's Platform and/or the Trading Platform.
For Interbank (overseas) accounts, the company has the right to perform the following actions:
- Adjust the best price in the market according to the company's commission rate.
- The commissions of the orders opened by the client are displayed separately in a channel in the client's platform.
Communications and notices must be given in written letters only unless expressly stated otherwise in this Agreement. Any orders, requests, or other communications received by the Company from the Client under this Agreement must be present in a written letter sent to the company address listed below (Or to another address as the Company may occasionally notify the Client for this purpose) by e-mail, fax, postal mail if sent domestically or airmail from overseas or by a commercial courier and will be deemed to have been sent successfully when the company address below receive those written letters.
Address: 1420/1 CDC, zone L4 2nd Floor, room 210, Khlong Chan Subdistrict, Bang Kapi District, Bangkok 10240
Telephone: (+66)97-972-8927 (Mon-Fri, opening hours: 13:00-20:00 local time)
In communicating with clients, the Company may use one of the following methods:
- Electronic messages or electronic mail or e-mails within the Client's trading platform
- Postal mail
- Commercial Shipping Carriers
- Company’s website
- Client’s personal area
This includes other means of methods that can be used to contact clients or as mentioned.
Any communication sent to the client (announcement on confirming messages, account entries, etc.) will be deemed to have been received under the following circumstances:
- Any electronic message or electronic mail or e-mail sent within the trading platform and/or the Client's platform shall be deemed to have been received immediately.
- If sent by email it is deemed to have been received immediately after submission.
- If sending by fax when the sender receives a transmission report from the fax machine, this confirms that the recipient's fax machine received the message during the destination area's business hours.
- If sent by telephone, at the end of the telephone conversation shall be deemed to have received the message successfully.
- If sent by postal mail, any registration or registration of acceptance shall be in accordance with the report shown. The registration of such acceptance shall be deemed when documents are signed with signature to receive the postal regardless of whomever. It shall be deemed to have been delivered successfully. However, if such postal mail were not signed and claimed by whomever, it shall be deemed to have been received successfully 7 calendar days after submission.
- If sent by courier, on the date of signing the document.
- If sent by airmail, it will be considered 5 business days after the delivery date.
- If the announcement is posted on the company's web page or social channels shall be deemed to have been received immediately upon the announcement.
- If the announcement is made in the client’s personal area, it will be deemed to have been received immediately upon the announcement.
Any method of the announcement or any other means of communication to the clients that can be used to contact the client will be used as appropriate.
In communicating with the Client, the Company will use the contact details provided by the Client registered during the process of opening the Client's account or the information which is subsequently updated. Therefore, the Client is obliged to notify the Company promptly of any changes in contacting details.
Documents received by the Company by fax may be scanned as electronic documents and the scanned document is the proof of the execution of orders sent by fax.
Telephone conversations between the Client and the Company may be recorded and are the sole property of the Company. The Client acknowledges that such records are incontrovertible evidence of the recorded orders/commands/requests or conversations.
The Client agrees that the Company may contact the Client directly occasionally to achieve the objectives under the terms of this Agreement; by using one of the contact methods specified in this Agreement.
Confidentiality of personal information and records: The Company may collect the client’s information directly (from an account opening application that the client fills out or from another source) or from another person/client including but not limited to credit checking agency, fraud prevention agency, third-party data verification service providers, other financial institutions and other registered data providers.
The Company must keep the client's information confidential and will not be used for purposes exclusive of those related to the terms, service administration, improvement for educational and statistical purposes, marketing purposes, as outlined in this agreement. Public information or information that the company preliminary obtained will not be deemed to be confidential and will not be considered confidential information.
The Client agrees with the Company, the right to disclose the client's information (including recorded information and confidential documents, details on the Personal Details Card) to the extent necessary as required by law or a court of competent jurisdiction. When requested by the bank, payment service provider, Regulatory/supervising agency, or other agencies having authority or judgment over the Company, its clients or associates, or entities to relevant agencies to investigate the suspected cause or to prevent fraud, money laundering, or other illegal activities, to the trading facility or third parties as required to execute the client's orders or orders and to facilitate the Services to credit monitoring and fraud prevention agencies, third-party data verification service providers and other financial institutions/brokers to check credit fraud prevention anti-money laundering, verify the identity or perform a client due diligence to verify such information. These entities/organizations may verify the details provided by the client against any transactions in a database (public or non-public) that the agency/organization has access to, to the Company's professional advisors in which each case, the advisor is informed that such information is confidential and fulfill its obligations in keeping this confidential and will only disclose information as necessary to other service providers that create, maintain, or process databases(Whether electronically or otherwise), provides recordkeeping services, email services, messaging services, or similar services which are intended to help companies collect, store, process and use client’s information or contact with clients or improve the provision of services under this Agreement. Only disclose information as necessary to other service providers for statistical purposes to improve the Company's marketing. The data provided will subsequentially be aggregated data only to the Market Research Information Center which provides telephone or e-mail surveys to improve the Company's services; If is necessary for the Company to exercise its right to protect or exercise its legal right at the request of the client or with the consent of the client to the company's affiliates to the successor or assignee of rights or the transferee or the purchaser with ten business days prior written notice to the client for this Agreement.
Amendments: The Company may upgrade the Client's personal area and/or account and/or trading platform or improve the services offered to the Client as seem appropriate and provide benefits with no additional cost to clients due to changes.
Unless otherwise stated in any part of this document, the Company has the right to amend the terms of the Client Agreement at any time with written notice to the Client. Such revisions will take effect on the date stated in the notice. The client agrees that changes made to reflect changes in law or statute which may be in effect immediately without prior notice. (In some cases, it may be modified without prior notice and the client shall be deemed to have been informed).
This includes unless otherwise stated, the Company may change any documents that are part of the agreement except this document without prior notice to clients.
Termination of Agreement: Each party may terminate this Agreement 5 business days prior to written notice to the other party.
The Company may terminate this Agreement with immediate effect without notice to the client in advance for any reason such as
A breach of contract as stipulated in this Agreement.
Termination by either party will not affect any obligations, incurred by both parties in connection with an opened position or any legal rights or obligations that may occur under the Agreement or transactions and deposition and withdrawal operations made under this Agreement.
Upon termination of this Agreement, the total amount the client shall pay to the Company will be regarded as the amount due, including (but not limited to):
- Unpaid expenses and all other expenses payable to the Company.
- any expenses incurred by termination of the Agreement and expenses incurred in connection with the transfer of the Client's investment to another investment company.
- Any losses and expenses arising from the closure of any transaction or settlement of outstanding debts incurred by the Company on behalf of the Client.
- Additional fees incurred or will incur by the Company as a result of the termination of the Agreement.
- any damages incurred during the preparation or settlement of outstanding liabilities.
Upon submitting the notice of termination of this Agreement or upon the termination of the Agreement, the following shall be followed:
- The client is obligated to close all open positions. If the client does not do so, upon the termination of the agreement, the Company will close any open positions at the current price.
- The Company has the right to suspend the Client's access to the trading platform or may restrict the Client's use of the Trading Platform.
- The company has the right to deny opening a new account to the client.
- The Company has the right to refuse the Client from withdrawing funds from the Client's account and the Company reserves the right to retain the Client's funds as necessary to close previously opened positions and/or to settle the Client's outstanding debts accordingly to this agreement.
Upon termination of the Agreement, any or all the following shall apply:
- The company has the right to merge any accounts of the Client to consolidate the total balance in that Client's account and offset against the debts that the Client must pay back to the Company.
- The company has the right to close the client's account.
- The company has the right to convert any currency.
- The Company has the right to close the client's open positions at the current price.
- In the absence of illegal or suspected illegal activities of the Client or orders from the relevant authorities. if there is an amount that the Company must pay back to the Client (after deducting an amount that the Company considers in its sole discretion to be an appropriate amount in respect of future debt payments made by the Client to the Company), The Company shall refund such funds to the Client as soon as practicable and will deliver a statement to inform the client on how the source of the balance was received and instruct the designated person and/or Trustee to pay the amount due back to the Client, with such funds being returned to the Client upon the Client's instruction, it is understood that the Company will process the payment to Accounts on behalf of the Client only, the Company has the right to refuse payments to third parties at the discretion of the company.
Cause of breach of contract:
The following reasons are considered as "Cause of breach of contract":
- The client's account does not have sufficient funds as margin and/or hedged margin or any other amount required to the Company in accordance with the Agreement.
- The client does not fulfill any obligations and responsible duties to the company, this includes, but is not limited to, the obligation that the client is required to submit identification documents and/or other information as specified by the company.
- In the case of a person or juristic person, the client was filed for bankruptcy under the national bankruptcy laws or other equivalent laws in other jurisdictions or if the client is a partner with one or more parties and was filed for bankruptcy or as a company’s client, a trustee, custodian collateral enforcer or other equivalent officials appointed, or as a client requesting an appointment to settle the debt or seek reconciliation with creditors or any other process of the client that is in same nature or similar to all of the aforementioned.
- Customers are unable to pay debts on due.
- - The client (if an individual client) has died or has been ordered by the court to disappear or deemed insane.
- when discovered by the company to have representations or warranties under this document agreement falsely.
- Any other circumstances which give the Company reasonable ground to believe that necessary or appropriate action is required as outlined in the terms of this document.
- The actions outlined in the terms of this document must be carried out by a supervisory authority or an organization or competent court.
- The client engages the Company in fraud or unlawful acts and/or exposes the Company to the risk of being involved in any form of fraud or unlawfulness which the Company considers in good faith and acknowledges such a risk.
- The client has performed KYC with approval and has undergone the screening process. if later discover that the identity of the client is not the identity of the original client and/or if the examination is performed using a nominee or others in such a manner.
- The client profits from the abnormal price in bad faith, and the following characteristic is not in accordance with world market prices/signal error. The Company has the right to cancel/retrieve the purchase/sell order, including the profit gained from closing the said order, and is considered a breach of the contract followed by immediate legal action.
- The client violates the agreement contained the terms established by the laws of the country or other countries which the company considered in good faith and deemed to be a violation.
- The Company suspects the Client is engaged in money laundering and/or terrorist financing activities; and/or other crimes-related activities or in any other engagement that causes the Company to be involved in fraud or unlawful conduct and/or any action the Company considers suspicious.
- The client violates the rules by using loopholes in bad faith by applying to become a client and withdrawing in breaching manner of the rules according to the record of the rules of dishonesty attached as part of this contract. This manner shall include the client deposits with pending approval as usual but has canceled and made a new transaction more than one time resulting in liquidation from such action, It shall be deemed that the cancellation of this deposit by the client is void immediately and the company has the right to terminate the contract.
- The client violates various rules which pretend to raise fraudulent funds by transferring money into one's account or others impersonation the company to fraud, misconduct, act, steal, perform such work in the same manner as the company or other business which is the same business that provides benefits and benefits to the client or members in the same nature on behalf of themselves.
If there is a breach of contract, the Company will exercise its absolute discretion to act on the following at any time without prior notice:
- Temporarily suspend the client's and/or other client's accounts which the Company considered to be engaging in suspicious activities until the company decides as a breach of contract or otherwise. In the event of a breach of contract investigation, the company may request various documents from the client and is obliged to prepare such documents for the company.
- The Company has the right to merge any accounts of the client to consolidate the total balance in that Client's account and offset any debts that the Client must pay back to the Company.
- The Company has the right to close the client's account.
- The company has the right to deny refunds or indemnify the client.
- The company has the right to convert any currency.
- The Company has the right to close the client's open positions at the current price.
- Terminate this Agreement without notice to the Client.
- However, if the company cancels the contract according to the foregoing reasons, this includes the suspension of the account that results in a profit or loss situation for the client. It is considered that the company is not involved and therefore does not bear any responsibility.
Force majeure, including statutory force majeure without limitation, the following items are also considered force majeure as follows: government action, war or hostility, terrorism, national emergency, riots, insurgency, sabotage, universal disaster claim, or an economic or political crisis which the company sees as a reason for the inability to maintain order in the market in which financial instruments can be traded on the trading platform. Natural disasters, earthquakes, major tsunamis, hurricanes, typhoons, accidents, floods, fires, epidemics, or other natural phenomena affect companies unable to provide services. Labor disputes and job closures affect company operations, suspension of trading in the underlying market, or setting a minimum or maximum price for trading in the market. Ban activities of either party (unless the company is the one who ordered the ban), decisions of government agencies, the governing body of the self-regulatory organization, decision of the governing body of the trading platforms, temporary suspension of financial services announced by the appropriate regulatory authority or any other act or regulation of a regulatory agency or organization, government agency or international organizations, damage, malfunction, or malfunction of electronic equipment network and communication lines (which is not caused by impure intentions or actions with the intention of the company) and distributed denial of service (DDoS attacks). Any event, action, or situation which is beyond the control of the Company and as a result of the incident, the Company is not compelled to be responsible for or take any corrective action, any suspension, liquidation, market closure, or occurrence that prevents the company from receiving prices or setting restrictions or special or unusual conditions in trading in the market or in the process at which the Company receives a price. Excessive movement in the price level of any transaction and/or the underlying asset or the underlying market or the company's forecast (with reasonable grounds) in the occurrence of such movements, inability to meet obligations for any reason of other service providers related to such as financial institution intermediary broker, liquidity provider, representative or president of the company custodian Asset Retention Agents, Traders, Exchange Companies, Clearing Houses, Regulatory Organizations or self-regulatory organization This includes the receiving channel causing the listing price to be inaccurate.
If the company considers and acknowledges on force majeure that has occurred, the Company may take one or more actions or all the following without prior notice (By doing so does not affect other rights under this agreement).
- Add margin requirements without prior notice.
- Close any or all open positions at a price that the Company considers in good faith to be an appropriate price.
- Deny accepting trade orders from clients.
- Suspend or amend the enforcement of any or all the terms of this Agreement when force majeure causes the Company’s inability to comply with such conditions.
- Increase spreads.
- Decrease leverage.
- Turn off the platform in case of malfunction to maintain or avoid damage.
- Suspend the use of the client's account.
- Cancel pending order.
- Reject a deposit or withdrawal request.
- Perform or omit other actions all that the Company deems reasonably appropriate in circumstances related to the status of the Company’s client and other clients.
Unless expressly stated in this Agreement, the Company shall not be liable for any loss or damage arising out of the inability, interruption, or delay in performance of its obligations under this Agreement; If such inability, interruption or delay occurs due to force majeure.
Limitation of Liability and Indemnification: If Company provides information, advice, news, information about transactions analysis or market research for clients (or in the newsletter which may be posted on the website or provide services to members through the Company's website or otherwise), which is not an act of fraud or gross negligence of the Company. The Company shall not be liable for any loss, costs, expenses, or damages arising out of any inaccuracies or errors of any information provided under the Company's right to cancel or close any transaction. In the specific circumstances as outlined in any transaction agreement, any inaccuracies or errors will remain in effect and binding on both the Company and the Client in all respects. In addition, the Company has no policy to provide any signals, and any signaling is considered a violation of this Agreement and violates company rules If there is such an impersonation, the company can take legal action immediately.
The company is not responsible for any loss, damage, or expenses incurred by the Client in connection with or arise either directly or indirectly. The following justification is not limited to any errors or failures on the setup of the client trading platform, client platform update botched, any delays caused by the client’s platform, the Client does not follow the instructions on the Client’s platform, ordering and canceling more than one consecutive time, any hardware, software, or connection defect from client-side, all orders opened with client access, The Company is unable to perform its obligations under the Agreement due to force majeure, acts, omissions or negligence of third parties, ability to pay the debt, any action or omission of third parties referred to in this Agreement. If the situation is concluded that the profit or loss from the trade will be deposited into or withdrawn from the client's account upon the closing of the transaction in accordance with clause this Agreement arises, any person who obtains the Client's access information which the Company has issued to the Client prior to the Client's reporting to the Company of the misuse of the access, unauthorized access to information by third parties, including access to electronic addresses, electronic communications, personal data and information used to access accounts. When the above information is sent between two parties or another person by using the Internet or other network communications, by post, telephone, or any other electronic means. Actions or actions on behalf, risks associated with Foreign Exchange, Slippage, any risks and warnings in the "Risks and Warning Disclosures" on the Company's website, changes in tax rates, clients use Trailing Stop and/or automated trading systems (EAs). Client relying on Stop Loss Order, action a transaction order signed by the Client under this Agreement.
If the company incurs expenses any damages, debts, costs, or expenses that may arise as a result of or as a result of the performance of this Agreement and/or about the service and/or in connection with any trading orders. It is acknowledged that the company has no obligation to pay and is the responsibility of the client to pay damages to the company for such an event.
However, in such an event, the Client makes a dishonest profit resulting from a breach of contract as specified in this Agreement and the company has made a mistake in transferring the said dishonest profit to the client, such misapprehension does not constitute an acknowledgment of such mistake. However, when the Company discovers that the client is obliged to return the dishonest profit to the Company immediately upon being notified. If the client does not refund the said amount, the company has the right to repossess and take legal action immediately.
Under any circumstances, the Company shall not be liable to the client for any consequential damages, special or indirect damage, lost profit, lost opportunities (including in connection with subsequent market movements), costs, or expenses the Client may incur in connection with this Agreement.
Certification and Warranty: The client certifies and warrants to the company as following: information the client provides to the Company in the application for opening an account is true and complete and the documents the client sends to the company are authentic documents that are valid according to the law and the client must notify the company of any changes. The client has read and understood all and undertakes to comply with the terms of this document (Customer Agreement) and documents on the Company's website which are "General Business Conditions", "Partner Agreement", "Risk and Warning Disclosures", "Handling of Client Complaints", "Terms and Conditions for Use of Bonuses", as well as "Partner Agreement", if applicable. The Client is the right to sign contracts, issuance of orders, orders, and requests, and perform its obligations under the Agreement. The Client acts on their own and is not an agent, representative, assignee, or parent acting on behalf of another person, the client may act on behalf of another person only when permitted by the Company and has specifically given written consent and the company receives all the documents it needs for this purpose. An individual client is a person who has completed an account opening application or is a client on behalf of the company. Those who fill out an application for opening an account on behalf of the company must have the authority on behalf of the company. All actions under this Agreement shall not violate any law or rule applicable to the Client or the jurisdiction in which the Client is resident, or any agreement bound by or affects any of the client’s assets or funds. The client has indicated in the application for opening an account as a political person and will notify the company further if the Client becomes a political party at any period during the term of this Agreement. Client funds are not the proceeds of any illegal activity, directly or indirectly, or not used or intended to support terrorists, Client funds are free from any liens, fees, deposits, or other obligations. The client selects any type of financial services and instruments by reviewing their overall financial situation and deem appropriate under such circumstances. The client's nationality or religion is not a restriction on the execution of clients' orders in any market or financial instrument. The client will consider any information in the company's advertising media only when the advertised service or promotion has a full description posted on the Company's website. Clients are 20 years of age or older. The client has given his consent in the Consent Form by having read and understood the consent fully.
Acknowledgment of risks and client consent: The Client acknowledges and accepts the following terms with no queries as follows: Trading CFDs may not be suitable for some individuals, and clients are at high risk of loss and damage as a result of trading CFDs or binary, options, and the client accepts and confirms that they are willing to take this risk. Damages may include loss of all money and any additional commissions and other costs to maintain an open position. CFDs trading is very risky, the leverage or leverage provided by CFDs means that a small deposit or deposit can lead to losses as much as gained profit. This also means that small price movements can lead to losses from a difference of value that is many times greater than the proportional. This can affect investors in both positive and negative ways. CFDs transactions carry anticipated liabilities and clients should be aware of this factor, especially in terms of margin requirements. Trading on electronic trading platforms is risky. Risks and warnings in the "Risks and Warning Disclosures" have been acknowledged by the Client informed by the Company.
The Client acknowledges and understands that the Client has no right to deliver or is not obliged to deliver the underlying assets of CFDs. No interest shall incur deposit money on the client’s account held by the Company. When trading CFDs, clients trade based on the market price movement of the underlying asset, and that trading doesn't take place in regulated markets rather, trading outside the system market (Over the Counter: OTC).
The Client agrees to the Company to offer the contents of this Agreement through the Website and others.
The Client confirms that he/she regularly accesses the Internet and agrees that the Company provides the Client with information including but limited to, information on amendments to the Terms and Conditions, costs, fees, this Agreement, policies, and information about the nature and risks of the investment by posting such information on the website and others.
Governing Laws and Regulations: All disputes and controversies arising out of or in connection with this Agreement will be assessed in the domestic courts. This Agreement is governed by the said law and notwithstanding any other provision of this Agreement to the contrary, in providing client service, the Company has the sole right to take any action in its discretion the Company deems appropriate to ensure compliance with all applicable market rules or practices and all applicable laws.
All transactions on behalf of the Client must comply with applicable rules. The Company has the right to take or not take any measures the Company deemed necessary to comply with the current rules in force, any measures that the Company may use, and the applicable rules shall be binding on the Client.
The Client may file a complaint against the Company as stated in the document. "Client Complaint Process" was posted on the website.
Voidance: If any court of competent jurisdiction determines that any part of this Agreement is unenforceable or illegal or inconsistent with the regulation or law of any underlying market or regulator, it shall be deemed to have been severed from this Agreement from the outset and this Agreement shall be construed and enforceable as if there was no such termination and the validity or enforceability of the remaining provisions of this Agreement. This agreement or the legality or validity or enforceability of these Terms in accordance with the laws and/or regulations of other jurisdictions will not be affected.
Non-use of rights: The Company's inability to mitigate breaches or confirm strict compliance with any condition or requirement of this agreement or the failure of the Company to exercise any right or remedy which the Company is entitled to do under this Agreement will not be an implied waiver.
Transfer of rights: The Company may sell, transfer, assign or convert debts to third parties which any part or all any rights, benefits, or obligations under this Agreement at any time or the execution of all agreements by giving written notice to the client at least 7 working days in advance. This may occur in the event of, but not limited to, a merger of the Company with a third party, restructuring of the Company, dissolution of the Company in the future, or the sale or transfer of all or part of the business or assets of the Company to a third party.
It is agreed and understood that in the event of a transfer, transfer of rights, or conversion of debts as mentioned in the preceding paragraph above, the Company has the right to disclose and/or transfer all client information (Including but not limited to personal data, recorded messages or exchanged letters, verification documents, and client identification documents, files, records and Client's trading history ) and transfer the client's account and money as necessary by giving written notice to the client at least 7 business days in advance.
As for the rights and obligations, the client cannot assign, assign, charge, or convert debt or claim any other rights without Company’s consent from written notice from the client.
Language: Languages used by the Company are Thai and English, the client should read and reference the main website to acknowledge information and notices from the company and all its activities. Translated messages or information aside from Thai and English language are meant for informative purposes only and are not bound to the Company or any legal effect. The Company does not bear responsibility for its accuracy.
“Referrer”: When a client is introduced to the Company via a third party (Referrer), The client acknowledged that the company will not be responsible for any action and/or as a referrer’s representative and any agreement between the client and the referrer does not bind with the company.
The Client accepts and confirms that the Client's agreement or relationship with the Referrer may cause additional costs. This is because the Company may be obligated to pay commissions or expenses to the referrer.
Identity Verification: To prevent unauthorized access to the client’s account; Clients must verify their identity to carry out the following non-trading activities such as password changes to access the personal area, Changing the security type, recovering personal area password, changing the personal area agent, withdraw money, change trading password or change the investor password.
The client verification methods used by the Company (e-mail or SMS) and the client verification methods shall be carried out accordingly to the "Business Policy" located on the Company's website.
It is understood that the Company has the right to suspend non-trading operations. If the client's identity is invalid or incorrect until the client submits a valid identity verification.
Currency Conversion: The Company has the right to convert currency without prior notice to the Client as it deems necessary or sees fit to deposit funds into the client's account in their account currency; (In case the client deposits funds in a currency different from the currency of the Client's account), or to perform any obligations or exercise rights under this Agreement or to conduct any transaction or order, the Company will convert such currency using the appropriate exchange rate in consideration of current market rate. The Company has the right to charge the Client any expenses incurred in currency conversion including but not limited to bank fees, transfer fees, intermediary fees, etc. which will be charged or received from the client’s account or debited from the deposit. All risks associated with foreign currency exchange are assumed by the client that could arise from transactions or the exercise of the Company's rights under this Agreement or any other law.
Miscellaneous Category: Refers to the followings: The Company's exercise of all rights and remedies under this Agreement shall not result in the Company forfeiting any other rights or remedies that the Company has at law or under the law. If the Client is made up of two or more persons, the Client has joint and interchangeable liabilities and obligations under this Agreement. Any warning or notice granted to any person forming a client panel shall be deemed to inform all persons in those in the panel. Any resigned person in the client panel shall be deemed to leave all persons associated with that client panel. If one of the clients dies or has a mental disability, all funds held by the company, or its designees will be for the benefit and order of the survivors and all obligations and liabilities to the Company shall be borne by such survivors.
Client’s funds and accounts category
Client’s funds: The company is not obligated to award profit or interest to the client (excluding profits the client receives from trading on their account under this Agreement) and waiver to demand any interest. The Company may deposit funds to the client via overnight transfer and may receive interest from the deposit. The Company may hold several clients’ money in one specific account (undisclosed account). The Company may deposit the client’s fund into a third party’s account (which are middleman, banks, market, payment agent, clearinghouse, or contracting pair traded outside of the market or payment provider) which may have secured benefits right to withhold or the right to offset the debt of said money. Client funds may be retained on behalf of the Client by a third party as specified above which may be within the country or overseas. The regime and the legal regime that applies to these individuals outside the country may differ from those within the country and if a person is declared bankrupt or has any other equivalent status, the client's money may be handled in a different method than those within the country or if it was received treatment by the company directly. Third parties to whom the Company transfer funds may hold the funds in an anonymous account and may be unable to separate client funds of others or third-party funds in the event of bankruptcy or similar legal proceedings. The company may file a complaint applying for unsecured payments to third parties on behalf of the client and the client bears the risk for the money received by the Company from a third party may not be sufficient to pay the client. The Company is not liable or responsible for any losses incurred. It is understood that the profit or loss from the trade will be deposited into or withdrawn from the client's account upon closing the transaction. For the client's money transfer, it takes approximately 24 hours to verify and transfer the money to the client. If the transaction is canceled and rescheduled, the order will be treated as a new queue and would reverify those transactions over. If canceling and making a new transaction exceed more than 1 time, it is considered dishonest intention and considered a reason for breach of contract.
Right to withhold: The Company has the right to withhold all funds held by the Company or its associates or appointees on behalf of the Client until payment has been made in full. This right of retention may be extended and enforced to cover the claims. Legally binding claims that are relevant to the current or prospective client that exists from the law that enforces the rules that must Comply with/bank card/bank used/payment service provider/payment service provider requirements including those specified by the relevant agencies.
Settlement: If the total amount to be paid by the client is equal to the total amount to be paid by the company (In calculating the total amount to be paid by the client, any expenses shall be considered legally binding on the client which arise from the powers of law to enforce compliance rules/bank cards/providing banks/payment service providers/payment service providers requirements including those specified by the relevant agencies) for the obligations of both parties to clear each other and cancel out accordingly.
If the total amount is to be paid by one party (In calculating the total amount to be paid by the client, any expenses shall be considered legally binding on the client which arises from the power of the applicable law Rules to be followed/Bank Cards/Providing Banks/Payment Providers/Payment Provider Requirements including those specified by the relevant authorities) over the total amount to be paid by the other party to the party having the total amount to pay in greater difference and it is deemed that the obligations of both parties are accordingly set against each other and cancel each other.
The Company has the right to consolidate all or any of the Client's accounts opened in the Client's name and incorporate the balance in the said account to offset the debt in the event of termination of the contract.
Client’s Account: To facilitate the trading of CFDs, the Company will establish a Client's Account for the Client and the account will be available when the client makes a minimum initial deposit into the account as specified by the company minimum deposit. This is at the discretion of the Company and may be subject to change occasionally. A minimum initial deposit may vary according to the client's account type, this information is provided on the Company’s website.
The Company may offer different types of accounts that have different characteristics and requirements and operate differently. Information about different account types is listed on the website.
Temporary suspension of a Client's Account: The Company may temporarily suspend the Client's account for reasonable reasons without prior notice to the Client. This includes any one of the following reasons:
- In the event of a breach of the client’s contract according to the terms of this document and required an appropriate amount of time by the Company to determine the suspected breaches.
- After the Client requests to temporarily suspend the Client's account according to this Client Agreement.
- The Company has been informed by reliable sources that unauthorized third parties may obtain information to access the Client's account.
- The Company has been informed by reliable sources that the client conducts illegal acts or suspicious acts as stated in this Client Agreement and Business Policy.
- In the event of force majeure within the period that the said incident continues.
- An error in the transfer request to another account was made by the client and resulted in the company’s deposit error.
If the following scenario does not affect other rights of the Company, the suspension of the client's account will be revoked:
- When the company determined that no breach of contract has been made, the client's account is suspended in accordance with the provisions of this section at the discretion of the Company sole.
- When the Client requests the Company to revoke its’ suspension of Account in accordance with the provisions of this Section. The Client's account is suspended in accordance with this section.
- When the Company decides on the security of the access information and/or the Company issues new access information to the Client, the Client's account is suspended according to this section.
- When the Company determines that the Client is not involved in any suspicious behavior or conduct outlined in this Agreement and the Business Conduct Policy which the Client's account is suspended under this category.
- After the force majeure event which the client's account is suspended under this section.
While the client’s account is suspended, the company will investigate the issue and decide to reactivate the client's account or terminate the account.
In addition, such suspension in the event results in damage to the client. The Company shall not be liable for the client's profits or losses as well as for any other actions that resulted in the suspension of this account to prevent damage that may occur to the company.
In termination of the Client's account, the Company reserves the right to withhold the amount as the Company deems appropriate and for as long as the Company deems appropriate under the right to withhold specified to compensate for any future costs or legally binding requests derived from the applicable law, the rules to be followed/bank card/bank used/payment service provider/payment service provider requirements as well as those required by the relevant authorities.
To enable the Company to revoke its suspension of the account, the Client may file a request on email to email@example.com and/or call the Company to request the cancellation of the account suspension. The Company will revoke its’ suspension within 24 hours of receipt of such request (the Company may, at its discretion, take longer than 24 hours).
Inoperative and inactive Client’s Accounts: Within ninety calendar days, if no trading activities or non-trading operations, outstanding ORDERs (including Agent actions), the balance in the account is less than $10 (or the equivalent amount of the client's agreement currency), the account will be archived. When the Client's account is archived, all trades on the account are also archived and cannot be restored. However, At the request of the client, the Company can provide a history of the requested account. If the client has a trade that is older than thirty-five calendar days, all those trades will be consolidated and moved to its storage. The total amount of all trades will be credited to the client's account. If the client's account is inactive for one hundred and twenty days, the Company reserves the right to close the client's account and grant it the status of an inactive account. If it does not contravene the terms within the Agreement, the accounts that are stored for reasons within the Client Agreement as aforementioned can be recovered according to the client’s request. The funds stored in the account will remain the client's money and the company must prepare and keep a record of the transaction and return the said money back to the client on request. This only applies to MT4, MT5 / CTrader accounts.
Without affecting the items mentioned above, if no trading and/or non-trading operations (including agent operations) were executed for a specified period at the discretion of the Company, restrictions may apply to the client's personal area and/or trading account. In such case, the Client must fulfill the Company's request for documents and/or data to obtain access to their personal areas and/or trading accounts. To elaborate, the above limitation will not affect the client's right to withdraw funds.
Deposits and Withdrawals from Clients' Accounts: The Client may deposit and withdraw funds in the Client's account at any time during the term of this Agreement by using the payment methods available in the Personal Area occasionally, view the minimum deposit amount requirements and withdrawal fees in the personal area. The Company does not accept deposits to clients' accounts by third parties or anonymous depositors. Clients understand and agree that if the client uses one payment method, the Clients will subsequentially use the same payment method for withdrawals unless a reasonable decision is made at the Company's sole discretion. If multiple payment methods are used, the calculation is prorated under the Company’s term and must be followed in withdrawing funds. The Company has the right to request additional information and/or documents from the Client to verify the origin and/or source of funds deposited in the Client's account at any time. The Company has the right to refuse the Client's deposits or withdrawals if the Company does not trust in the information and/or documents submitted by the Client to the Company and/or the Company received. The Company has the right to refuse the Client's deposit if the Client fails to comply with the transfer requirements specified in the Personal Area. The company has the right to refuse deposits and withdrawals if the e-mail, telephone numbers, Identity Verification, Address Verification Information, and/or other information that the client submits to the Company and/or the Company receives is yet to be fully confirmed or not current. When the client makes a deposit, the company will deposit the actual amount received into the account that the client wishes to deposit within 24 hours for verification. After submitting the evidence and the amount to the company's account successfully, If the money transferred by the client is not deposited into the Client's account promptly, The client must notify the Company and request to verify the transfer transaction and agrees to accept any fees arises from the verification process and will be deducted from the Client’s account or directly to the verifying personnel and agree to provide the Company with the necessary documents and certificates to aid the process.
The Company will process the withdrawal of funds to the Client when the Company receives the withdrawal request submitted by the Client through the Personal Area. When the Company receives an order to withdraw funds from the Client's account, the Company shall process such transactions without undue delay and should not be delayed more than one business day (24 hours). If the withdrawal request meets the following requirements: The withdrawal request contains all the necessary information, an order to transfer funds to the originating account uses to deposit funds into the client's account or if a withdrawal order is due to conflicting circumstances, the funds must be transferred back to the client's bank account. (With relevant evidence attached). The account receiving the transfer must be the owner of the account. while transferring money, the client has funds in the account without any force majeure present that makes the company unable to withdraw money and the client has fully complied with the company's request for verification of identity (KYC), etc.
It is accepted and understood that withdrawals can only be made to clients. The Company will not withdraw funds to third-party and/or anonymous accounts.
The Company reserves the right to refuse withdrawal requests. Clients may request funds to be transferred to another trading account if the trading account supports deposit/withdrawal methods using internal transfers only between the same account types or between different account types. If the amount transferred is greater than the minimum deposit amount determined by the client requested, it is recommended to use a different specific method. The company has the right to propose other methods.
The client may be required to pay all service fees and transfer fees and the Company will deduct these charges from the funds in the Client's account.
In case of closure of the client's account, the account balance will be withdrawn and refunded to the deposited account in proportion to the amount deposited.
In an incident that a bank card and/or bank account is used and/or any other unlawful deposit methods except for the foregoing, the Company may refund the balance as deemed appropriate, as an unlawful act, all data may be transmitted to banks and/or credit institutions and/or payment service providers and/or relevant agencies including law enforcement agencies.
If there are changes in the security system, the company reserves the right to withdraw funds after three business days from the moment the security type is changed.
Without affecting the rest of the terms in the Client Agreement, if the Client uses a bank card as a deposit method, The company reserves the right to set limits for withdrawals in the system, for more information on withdrawal limits and the procedure for withdrawing such funds, please refer in the Personal Area. The company will process the funds to the client's account as detailed in the withdrawal request. The company is not responsible for the processing time of the transfer.
When a client deposits funds into the account using a bank card if there has been no withdrawal from this trading account for more than ninety days since the deposit date. Clients will be able to withdraw money via the same bank card of the client only and/or by any other means the Company considers appropriate.
Without affecting the rest of the terms outlined in the Client Agreement, the Client may request a withdrawal from the Personal Area and the company will proceed to transfer money to the client's account according to the details specified in the withdrawal request. The Company is not responsible for the processing time to transfer funds after a withdrawal request has been submitted.
Clients can request to transfer funds to another trading account. If the trading account supports deposit/withdrawal methods using internal transfers and is available between the same account types or between different account types. If the amount transferred is more than the required minimum deposit amount
The Company will transfer funds to another trading account in the currency of that trading account.
If an error During the transfer of funds across the trading account occurs such as transferring money to the wrong account. The Company will refund the amount to the Client at the Company's own expense.
If the client made an error in the requesting transfer of funds to another account resulting in the company deposited error. The Client may not be able to request a refund of that amount.
The Company may refuse an internal transfer without giving reasons at the sole discretion of the Company.
Trading platform categories are as follows:
- Technical difficulties
- The Client is solely responsible for providing and/or maintaining the equipment required to access and use the Trading Platform. The device must be compatible with the trading platform which consists of a personal computer, various electronic devices including mobile phones, tablets, internet access, telephone lines, and/or other connection lines. Internet access is at least a very important factor, and the client is responsible for the cost of internet connection access.
- The client confirms and warrants to install and has used appropriate safeguards in respect of the security and integrity of the Client's computer equipment and has taken reasonable steps to protect its system from computer viruses or device media or any other malicious information that is inappropriate and may harm the trading platform website or other systems of the company. In addition, the client is responsible for preventing the spread or transmission of computer viruses or other media or devices that are harmful or inappropriate from their personal computer to the company's trading platform.
- The Company shall not be liable for the Client’s computer equipment system to have failed, damaged, destroyed, and/or wiped data and records or data integrity as a result of poor hardware configuration or management. the company will not be responsible.
- The company is not responsible for any interruption and/or any delay and/or communication problems that clients experience while using the trading platform.
- Trading Platform’s prohibitions:
- The Client shall not access or attempt to gain unlawful access, use reverse engineering methods, or circumvent any security measures that the company has brought used with the trading platform.
- The client will use the trading platform only for the benefit of the client's account and not on behalf of others.
- The following action is strictly prohibited:
- Use of software that incorporates artificial intelligence data analysis to the Company's systems and/or trading platforms.
- Trap, trace, cause damage or modify any communication not intended for the clients.
- Use spiders, viruses, worms, Trojan horses, time bombs, and/or any other code and/or instructions designed to manipulate, delete, harm, and/or disassemble the trading platform and/or communication system or any system of the company.
- Deploy unsolicited commercial communications not permitted by applicable law or statute.
- Actions cause or may cause a violation of the integrity of the Company's computer system or trading platform or cause such system to malfunction.
- Actions that could impair and/or grant unauthorized access to the Trading Platform.
- Use (or allow others to use) application, program, software; or any other device directly or indirectly to access or obtain information through the trading platform or automated access and information.
- Use its trading platform without complying with this Agreement.
- Internet delays, connectivity, and price display errors may cause the prices displayed on the Trading Platform to not reflect the actual market prices. Such trading strategies aimed to take advantage of price errors and/or trading at non-market prices or taking advantage of Internet lag is a prohibited strategy in the trading platform. If the trading strategy or other behavior of the Client gives the Company sufficient reason to suspect the Client for intentionally and/or systematically using or attempting to use price and/or price errors not available for the client’s gain, the Company has the right to take one or more of the following countermeasures:
- Restrict or suspend access to the trading platform.
- Terminate this agreement immediately.
- Close the Client’s account.
- Enforce legal action if the company has suffered a loss.
- Security of account access information:
- The Client has the right to access information to open orders from the Client's account and perform various actions. The Client agrees to maintain confidentiality and will not disclose account access information to anyone.
- The Clients may change their account access information in their personal area except for username, email address, and telephone password.
- The Client should not write down or write down Account Access Information if the Client has been provided with a written access code or written notice and must immediately destroy the notice.
- The Client agrees to notify the Company immediately if known or suspected that the Client’s access data has been disclosed or may be disclosed to unauthorized persons. The Company will take actions to prevent the use of unauthorized access and will issue new access information. Clients will not be able to open orders or perform any non-trading activities until new access information is obtained.
- The Client agrees to cooperate in any investigation, the Company may take measures when misuse of the access information or suspected misuse of the access information.
- The Client acknowledges that the company is not responsible for any unauthorized third parties having access to information including electronic addresses, electronic communication, personal information, and access information when the above information is transmitted between the parties and/or other persons using the Internet or other network communications such as post, telephone or other electronic means.
- It is acknowledged and understood that all orders placed through the trading platform and non-trading operations in the Personal Area are deemed to be performed by the Client and are bound to the Client.
- Intellectual Property
- This Agreement does not grant the Client any rights of the Trading Platform, merely grants a limited and non-exclusive use of the Trading Platform under the terms of this Agreement.
- None of this Agreement constitutes a waiver of any intellectual property rights of the Company or any third party.
- The Clients are allowed to store, show, analyze, edit, reformat and print data provided to clients through the website or trading platform. The Client is not allowed to publish, forward, or duplicate such information in part or in whole, in any form to a third party without the consent of the Company. The Client shall not tamper, obscure, or delete the copyright notice, trademarks, or marks provided in regard.
- The Client agrees and shall not duplicate, copy, modify, repair, develop or resell any part of the Trading Platform.
Trading Conditions Category
- Order Execution
- Company trading process (including but not limited to the types of orders and their execution methods) are detailed in the document "Business Policy" on the Company's website.
- It is understood that in each transaction, depending on the type of account held by each client, the Company executes trading orders as a partner if the transaction is carried out by the Company itself. Alternatively, the Company may transmit the order to a third party to process (Electronic Network Trading Method or STP). In this case, the Company is not the Client's partner in this transaction and the operator of the command is the third party.
- The Client uses the Access Information on the Trading Platform to open orders through various electronic devices or personal computers to connect to the Internet. The Company has the right to trust and execute any orders received on the trading platform made by the Client using the access information. The Company does not require further inquiries from the Client and the order will be binding on the Client.
- The Company does not hold any obligations unless agreed otherwise in the agreement to monitor or advise the Client on the status of any transaction or to close any of the Client's open positions. If the Company agrees, such action will proceed at the Company's discretion and will not constitute an obligation to maintain its task. It is the Client's responsibility to be conscious of their trading situation.
- Rejection of Client’s trade orders, requests, and commands
- Without affecting other terms in this document, the Company has the right to refuse and/or reject any orders of Clients trading CFDs for reasonable causes. This includes but is not limited to any of the following:
- If an order is placed prior to the first price in the trading platform at the opening of the market.
- Under abnormal market conditions.
- If the Client has submitted requests which do not correspond to the number of transactions.
- If the client's free margin is less than the required margin or margin, or insufficient account balance to initiate order opening.
- The order cannot be executed due to the size or price of the order specified by the client such as the order is too small or too large for Company to accept those orders or the Company does not believe such order would correspond to the underlying market or the Company considers it impossible to execute orders in such underlying market conditions at that moment.
- The Company suspects the Client to be involved in money laundering activities or financing terrorists or other crimes.
- As a result of the request of the regulatory and/or regulatory authority of the country and/or as a court order.
- The legitimacy or authenticity of the order is questionable.
- Lack of essential order details, unclear orders, or can be interpreted in more than one meaning.
- The transaction size is lower than the minimum size of CFDs as stated in the contract specifications.
- The price is not provided by the Company, nor the price received from the Company is for introductory purposes the price is an apparent error, or the price is a spike.
- Loss of Internet connection and communication.
- Force Majeure occurs.
- Breach of Agreement or suspected breach.
- The Company has notified of the termination of the Agreement to the Client.
- The Client's account has been suspended or has been changed to a dormant or closed account.
- Without affecting other terms in this document, the Company has the right to refuse and/or reject any orders of Clients trading CFDs for reasonable causes. This includes but is not limited to any of the following:
- Margin Requirements
- The client shall make a deposit to maintain the initial margin and/or margin with the hedging amount specified by the Company to open a position.
- It is the Client's duty to understand how margin is calculated.
- The Company has the right to make changes in Margin Requirements with prior notice to the Client of such circumstances. The Company has the right to apply new margin requirements on new and current opened positions.
- The lower margin requirement for a particular instrument applies to all open positions on that instrument.
- The Company reserves the right to increase the margin requirements prior to market closes on the eve of weekends and public holidays. Information on the time frame of such effect is indicated in the Client's Personal Area and/or the Company's website.
- Increasing the hedging volume in market maker accounts (and for the underlying asset with the margin of the hedge order) will result in lower margin requirements for new hedging orders.
- Closing a hedging position on a market maker account (and for the underlying asset with the margin of the hedge order) will be considered as opening a new position and as a result, the margin of previously opened positions in the financial instrument changes proportionally depending on the number of positions.
- Margin requirements for different currency pairs can be viewed in the specifications appearing on the Ctrader / MT4 /MT5 platforms by viewing the specified channel at any time the equity drops below the required margin percentage level stated in the specific terms of the contract on the website. The Company has the right to close any position, or all positions opened by the Client without the Client's consent or prior written notice to determine if the Client has complied with this section. Any amounts referred not to appear in the account currency must be converted by converting them at a reasonable exchange rate done by the Company at its current market rate.
- If a Margin Level Alert is sent to the Client's Platform, the Client will not be able to open a new position except hedging to reduce margin if authorized by the Company.
- The Client is obliged to notify the Company as soon as the Client believes to be unable to deposit funds to increase the Margin Level in a timely manner.
- Deposits must be made in the same currency as the account currency to increase the margin level.
- The Client agrees not to establish any security for settlements or have outstanding balances for settlements and shall not transfer or transfer the rights to the Margin granted to the Company.
- Trailing Stop orders, Automated Trading Systems (EAs) and Stop Loss orders Commands
- The Client agrees that trading operations using additional functions of the trading terminal such as Trailing Stop orders and/or automated trading systems (EAs) and/or other automated operations are done under the responsibility of the Client as these orders are placed directly within the Client's trading platform and the Company holds no responsibility.
- The client agrees that placing a Stop Loss order may not limit losses to a predetermined amount in any event as market conditions may prevent the Stop Loss order from being executed at the predetermined price and the company is not responsible for any loss as the result.
- Trade Confirmations and Trading Reports
- The Company will provide the Client with access to the Client's account which can be obtained online through the trading platform and will provide sufficient information including information on the status of the order, the status of the client's account, the client's account balance and the confirmation of each executed orders.
- A transaction confirmation will be displayed on the trading platform prior to the closing hour on the business day following the order execution date.
- If the Client has reason to believe that the confirmation does not correspond with the order or if the Client does not receive any confirmation (even if the transaction has been executed) please contact the Company. If there is no apparent error, the transaction confirmation is final unless the Client notifies the Company in the written notice within two business days following the date of receipt of such confirmation of trades.
CFDs Trading Conditions Category
- Execution of CFDs orders
- The Clients can open, execute orders, change or delete orders (if permitted) within the trading hours of each CFD displayed on the Company's website which is subjected to changes. If the command is not executed, the order will remain in effect until the next trading cycle (As available) at the closing hour of the underlying market, all opened spot positions will carry over to the next business day. However, the company has the right to close that spot status. The company does not limit the length of time for holding such orders with scheduling for pre-orders. Therefore, it is assumed that the Client must accept the condition that arises, regardless of profit or loss.
- The Company is under no obligation to arrange for the execution of the Client's orders on any CFDs outside the normal trading hours that appeared in the system.
- Orders will remain in effect depending on the type and time of the order specified by the Client. If the order remains unchanged and in effect, it shall remain in effect indefinitely. However, the Company may delete any or all futures orders if the Client's account equity is zero and/or if there are other reasonable grounds.
- An order cannot be changed or removed if a confirmation has been sent or the order has been executed or is being processed or the market is closed, the client has no right to change or delete the Sell Limit and Take Profit orders if the price has reached the level to be executed.
- The Client may change the expiration date of the pending order.
- The Company quotes the price in considering the price of the underlying asset, which does not mean that the price given by the Company is a specific percentage of the underlying asset price. When the relevant underlying market is closed, the price quoted by the Company will be the price it considers to be the current Bid (Bid price) and Ask (Ask price) price of the underlying asset. The Client agrees that the Company will determine such prices at its sole discretion.
- It is understood that the prices in the Client’s terminal are guided prices and may cause price discrepancy.
- If the Company is unable to execute any order due to price or size or any other cause, The company will issue a new price to the Client (re-quote), which is the price the company wants to process.
- The company will remove any erroneous prices (spikes) from the server's price database.
- The Company has the right not to quote price and not to execute orders if the price of the underlying asset is negative.
- The company has the right to make changes to the leverage of the client's account. (To be higher or lower) without prior notice in accordance with the conditions stated on the Company's website at https://www.bullsphere.com/ by going to the leverage information section (leverage).
- Automatic leverage changes according to the term set by the Company including changes in leverage by the Client through the Personal Area will result in the recalculation of margin requirements for all client’s positions.
- The company has the right to take the following actions:
- Readjust the leverage on the Client’s trading account to no greater than 1:200 in the 3 hours before the market close, before weekends, and during public holidays. If the current leverage of the trading account is greater than 1:200, this change will apply to orders that will be opened in the 3-hour period.
- Limit leverage offered to Clients and/or increase margin requirements prior to macroeconomic events and/or important news announcements affecting the price of financial instruments.
- Information on leverage changes is provided in the Personal Area. If the information on the website does not correspond to the information in the personal area, refer to such information in the personal area as true.
- Financial Fees
- Trading CFDs with the Company may incur daily fees. Financial fees for different types of CFDs are stated in the contract specifications.
- Swap and Swap-Free Accounts
- The swap fee is calculated in accordance with the contract specifications on the Company's website. The client can use "Trader's Calculator" on the website to calculate the swap cost for trading on any transaction.
- If a swap is charged, the swap is charged daily at 10:00 PM on the Client's terminal time, except Saturday and Sunday at 10:00 PM, on Wednesday or Friday. (Depending on the underlying asset) swaps are charged three times the amount that may be added to or debited from the Client's account, swap charges of less than 0.01 unit in the client's account currency will not be credited to the client's account.
- The Company has the right to make changes to the swap without prior notice to the Client, it is the Client's responsibility to monitor and be aware of the current information on the swap charges.
- The Company may provide swap-free Client accounts for all underlying assets and/or swap-free Client accounts for the given underlying asset with no swap charges and/or for swap-free underlying assets. The Company may consider altering the underlying asset for swap-free client accounts.
- Not all account types can be activated as swap-free accounts. Only account types and/or underlying assets listed on the website occasionally are illegible for swap-free account status and the Client must meet all the requirements to obtain the swap-free account status as set forth in the Agreement in this section. The Company may, at its sole discretion, modify the types of accounts and/or underlying assets illegible to obtain swap-free account status.
- During the account opening process, Clients from Islamic countries are eligible for swap-free account status certified by the Client's identity and/or telephone number on the account opening application.
- At the discretion of the Company, Clients from non-Islamic countries may be eligible for swap-free client accounts. The Company reserves the right to assign swap-free levels and the Client’s limitation and rights for these levels occasionally as set forth in the specific terms of the contract or the Company's website. The client account swap-free status and/or swap-free levels may be automatically assigned to the Client at the Company's discretion and the Client must bind and be unable to refuse, modify or cancel those assignments. The company reserves the right to make changes or cancel a swap-free account and/or swap-free levels at the Company's discretion at any time.
- depending on the part specified in this section, “The Company has the right to make changes to the swap without prior notice to the Client, it is the Client's responsibility to monitor and be aware of the current information on the swap charges.”, If the Client has a swap-free account, no swap or rollover charges will be charged for positions opened overnight stated in the specific terms of the contract or on the Company's website.
- All terms in this Agreement furthermore apply to the Client's swap-free accounts, apart from the swap section.
- Clients with a swap-free account should not hold open positions for an extended period to profit from the non-paying of swap charge. In such cases, the Client must close the position and the swap will be charged retroactively.
- The Company reserves the right, at its discretion, to cancel, modify, terminate the swap-free status of the Client account and/or the swap-free level at the sole discretion of the Company and without prior notice and holds no responsibility or liability in such cases.
- A Standard of 1 (one) lot is a measure of the transaction size in CFDs trading. The Company may offer standard lots, micro-lots, and mini lots as set forth in the contract-specific terms or on the Company's website which may change at the Company’s discretion.
Automatic Copy Trading System (Social Trading) Category
- This section applies only to Clients who use the Automatic Copy Trading (Social Trading) service.
- When investors mimic a strategy from a strategist, investors are deemed to have agreed to the following terms.
- Empower the strategy provider to act on behalf of using a particular strategy within the investment account.
- Empowers the Company to take necessary action to mimic the strategy of the Strategy Provider chosen by the investor.
- Any strategy the investor chooses to mimic must correspond in proportion to the investor's capital in the investment account.
- Authorizes the Company to transfer the Strategy Provider's commission from the Investment Account to the account provided by the Strategy at the end of each trading session.
- When investors mimic a strategy from a strategist, investors are deemed to have agreed to the following terms.
- Details and/or information related to the investors' trading activities within Social Trading will be displayed on the Social Trading website and/or mobile application.
- Investors may start mimicking strategies, depositing, transferring funds, and/or withdrawing funds that they are entitled to from the Investor's investment account subject to the procedures and restrictions in force occasionally on the Social Trading mobile application and/or the Company's website and/or any other Social Trading website maintained by the Company and in accordance with this Agreement.
- An investor may transfer funds allocated to mimic a particular strategy from the investor's investment account after the investor ceases the mimics.
- An investor may cease to mimic a strategy at any time during open market hours, and the open position must be closed at the market price.
- The Company reserves the sole right to close all positions or any position of the Strategy Provider at any time and the Company will update the Investor's Account according to such closed positions.
- The Social Trading system may close all, or any positions opened by the investors at any period.
- Investors may deposit funds through the payment systems or payment channels made available by the Company for Social Trading.
- The investor acknowledges and agrees that any mimicking of the Strategy, the investor accepts the commission and leverage set by the Strategy Provider.
- The investor acknowledges and agrees the investor must maintain the investment account balance at a predetermined level for any strategy to be mimicked.
- The investor acknowledges and agrees that when the investor decides to begin mimicking a particular strategy, all open positions within the current strategy are automatically copied by the investor including copying new orders placed by the Strategy Provider thereafter.
- Investors acknowledge and agree that price differences can occur between the moment an investor chooses to copy a particular strategy and the moment the investor begins to copy that strategy.
- In elaboration to the paragraph “The following events are considered breaches of the contract.” Set forth in this Agreement, the following reasons are considered "Causes of breach of contract" of investors, trading through the Social Trading system:
- Generating excessive profit from market movements with unjustified intentions.
- Trade with intention based on the timing of the price lag or arbitrage.
- Market abuse intention.
- Abnormal market and trading conditions.
- In the event of a breach of contract, the Company may take one or more of the following actions: In addition to action from the breach of contract, the Company will, in its absolute discretion, exercise one or more of the acts at any time without prior notice, and will be executed without prior written notice as follows:
- Adjust the balance of the investor's trading account by subtracting the incorrectly earned profit from the account.
- Suspend and/or terminate and/or block a Strategy Provider’s Strategy and/or deny access to the Social Trading system.
- Strategy Provider
- In creating and maintaining strategies, Strategist should adhere to the followings:
- Name its strategy
- Explain those strategies
- Set its commission
- Choose the leverage level of the strategy from the options given by the Company which may be subject to changes.
- Set an access password to the Strategy Provider's account.
- Deposit and maintain the minimum balance in the Strategy Provider's account as required by the Company.
- Provide relevant information to the Company as requested.
- The Company reserves the right to refuse and/or suspend the proposed and/or existing strategies for any causes that include but are not limited to the follows:
- Strategy proposed does not meet the requirements within this agreement and/or other company rules and/or strategy descriptions deemed illegal or immoral and/or contains personal information and other non-strategic information and/or absurd and/or irrelevant and/or misleading.
- The name of the strategy is misleading and/or contains insulting messages and/or racial or religious discrimination and/or alleging unlawful acts and/or disrespect ethical and moral standards.
- Images selected to represent the strategic media depicting minors (children) and/or inappropriate and/or misleading and/or racist and/or promoting illegal acts and/or disrespecting ethical and moral standards.
- The Strategy Provider's account does not have sufficient funds to meet the minimum requirements for those types of Social Trading accounts.
- The Strategy Provider's account is not fully verified as stated in the Client Status Acceptance and Review section mentioned in the section above.
- The Strategy Provider's strategy is inactive and/or has no trading activity for more than 7 calendar days.
- Any other reasons as the Company considers relevant and appropriate at the Company's sole discretion.
- The Company reserves the sole right to close all or any positions of the Strategy Provider at any time.
- The Strategy Provider understands and agrees that the Strategy Provider cannot withdraw funds from their account if within the Strategy Provider's Strategy contained opened positions.
- In addition to the paragraph “Cause of breach of contract” of this Agreement shall be deemed to be "Breach of Contract" of Strategy Providers as follows:
- If the strategy provided by the Strategy Provider holds high risks for a long period.
- If the description of the strategy is unclear does not correspond to the actual trading terms.
- Strategy Provider executes a trade as followings:
- Generating excessive profit from market movements with unjustified intentions.
- Trade with intention based on the timing of the price lag or arbitrage.
- Trading in an Abnormal market and trading conditions.
- In the event of a breach of contract, the Company may take one or more of the following actions: In addition to action from the breach of contract, the Company will, in its absolute discretion, exercise one or more of the acts at any time without prior notice, and will be executed without prior written notice as follows:
- Request to modify the strategy description.
- Commission is calculated and paid to the Strategy Provider at the end of each trading session.
- For each strategy, the Strategy Provider determines a commission rate that cannot exceed 50% of the investor's profit, provided the Strategy Provider's commission cannot modify its commission rate subsequently the strategy is established.
- The Strategy Provider receives the commission for the investor's profit in dollars ($) which is calculated as stated on the Company's website and/or on the Social Trading mobile application.
- When the investor mimics a strategy from a provider, prior to the end of the trading period, the Strategy Provider's commission will be calculated at the time of the investment closing on the current market price.
- In creating and maintaining strategies, Strategist should adhere to the followings:
- Acknowledgment of the risks and the Client's consent on Social Trading
- The Company does not guarantee the performance of any strategy.
- Any description and/or information related to the strategy are not considered confidential and/or personal information.
- The Company reserves the right to close and/or suspend and/or stop copying the Strategy Provider's account and/or any strategy and/or order regardless of investors or of strategy providers at any time which may or may not notify in advance.
- Displayed Performance Statistics of Strategy Providers and/or any strategy is a history of past performance. The company does not guarantee any profits to the investors, past performance may not be an indication of future performance. Investors are encouraged to decide on a strategy by reviewing the history and/or actual performance of such a strategy.
- Strategy Providers acknowledge that the Company may use and/or forward and/or process information related to the strategy of the Strategy Provider within the Group and/or third-party companies and/or its consultants.
- Investors on Social Trading to copy strategies of strategy providers could receive different buy/sell prices from the Strategy Providers. Order timings may vary from service provider that could resulted in turnover from the order/sale of a particular item. Profit/Loss from the Strategy Provider, the Company does not compensate for any damage incurred from the use of the Social Trading Platform at any cause as the Company is not involved if such suggestion. It is assumed that the Client act on behalf of their own action.
Issued date: 1st January 2020