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1. INTRODUCTION
2. COMMENCEMENT
3. ACCOUNT ACTIVATION
4. CLASSIFICATION
5. JOINT ACCOUNTS
6. CAPACITY
7. CLIENT MONEY
8. SERVICES
9. CONFLICTS OF INTEREST
10. COMMISSIONS, CHARGES AND OTHER COSTS
11. CURRENCY
12. PROVIDING QUOTES
13. CLIENT’S REQUESTS AND INSTRUCTIONS
14. NETTING
15. MARGIN REQUIREMENTS
16. PAYMENTS
17. DEPOSITS, REFUNDS, AND WITHDRAWALS
18. LIMITATIONS OF LIABILITY AND INDEMNITY
19. HOLD HARMLESS
20. COMPLAINTS MANAGEMENT PROCEDURE
21. ORDER EXECUTION
22. MARKET ABUSE
23. DORMANT AND INACTIVE ACCOUNTS
24. COMMUNICATIONS
25. REPORTS
26. WRITTEN NOTICE
27. AMENDMENT AND TERMINATION
28 PERSONAL DATA, RECORDING OF TELEPHONE CALLS AND RECORDS
29. CONSENT TO DIRECT CONTACT AND PROVISION OF INFORMATION
30. CONFIDENTIALITY
31. DEFAULT
32. REPRESENTATIONS AND WARRANTIES
33. FORCE MAJEURE
34. MISCELLANEOUS
35. GOVERNING LAW AND JURISDICTION
36. USE OF THE CLIENT TERMINAL AND SAFETY
37. PROMOTIONS
38. SWAP-FREE ACCOUNT
APPENDIX 1: INTERPRETATION OF TERMS
APPENDIX 2: ORDER EXECUTION POLICY & BEST PRACTICES
APPENDIX 3: RISK ACKNOWLEDGEMENT AND DISCLOSURE
1.1 Bein markets powered by Royal ETP LLC is incorporated in Saint Vincent & the Grenadines and
authorized by the Financial Services Authority in Saint Vincent & the Grenadines.
1.2 This Agreement is entered into between Beinmarkets and You (the “Client” or (“You”).
1.3 This Customer Agreement describes the terms and conditions applicable to the account or accounts (collectively the
“Account”) opened at Beinmarkets in the name of the Client in order for the Client to enter into transactions (collectively
“Transactions” and each one “Transaction”) in contracts for difference (“CFDs”) on financial instruments available on the
Company’s Platforms and for the Client’s access to the website, trading platforms, account services and administrative
support of Beinmarkets. All Transactions are subject to the terms and conditions of this Agreement and any additional terms
we may seek to introduce from time to time.
1.4 A current and definitive copy of this Agreement (as amended from time to time) will be available to you on our website
at all times.
1.5 This Agreement is part of the Company’s legal documentation, which comprised of the following and where electronically
acknowledged by you during the online account opening procedure:
There are additional documents and information available to you on our website that provide more details on us and your
activities carried on with us.
1.6 By accepting this Agreement available at our Website (https://www.Beinmarkets.com), you agree and consent to the
policies published there and those attached hereto:
• Order Execution Policy & Best Practices (Appendix 1).
• Risk acknowledgment & Disclosure (Appendix 2).
• Risk acknowledgment & Disclosure (Appendix 3).
1.7 This Agreement shall govern all trading activities of the Client with Beinmarkets and should be read carefully by the Client. Among
other things, they set out those matters which Beinmarkets is required to disclose to the Client under the Applicable Regulations.
2.1 This Agreement shall commence on the date on which the Client receives notice from Beinmarkets, in accordance with
clause 3.1, and will continue unless or until terminated by either party as provided herein.
2.2 This Agreement is an initial service agreement which relates to a series of successive or separate operations including,
without limitation, Transactions in Instruments.
2.3 Beinmarkets is not obligated (and may be unable to, under Applicable Regulations) to accept any Individual and/or Corporate
Entity as a client until all required documentation have been received by Beinmarkets.
2.4 The Client has no right to cancel the Agreement on the basis that it is a distance contract.
3.1 The Agreement shall commence once the Client has been informed about their account being activated, after the Client
fills in and submits the online registration – Account Opening Application Form accepting the provisions provided herein and
the Company has completed due diligence and satisfied its requirements in terms of Know Your Customer (hereafter referred
to as the “KYC”) or any other procedures.
3.2 Beinmarkets has the right to request a minimum initial deposit to allow the Client to start using his Trading Account.
4.1 Beinmarkets will treat the Client as a Retail Client, Professional Client or Eligible Counterparty, depending on how the Client
completes the “Application to Open a Personal/Corporate Margin Trading Account” Form.
4.2 When assessing the Client’s classification and thereafter dealing with the Client, Beinmarkets will rely upon the truth,
accuracy and completeness of the information provided by the Client in the “Application to Open a Personal/Corporate
Margin Trading Account” Form. The Client expressly consents to Beinmarkets using and relying on all such information in
making its assessment and its dealings with the Client.
4.3 If there is a change in the personal circumstances of the Client, the Client must immediately notify Beinmarkets of the
change in writing.
4.4 Beinmarkets may review the Client’s classification from time to time (subject to complying with the requirements) to reclassify the Client if necessary.
4.5 The Client will be categorized and treated by Beinmarkets as a Retail Client unless otherwise expressly specified by
Beinmarkets.
5.1 In the event that more than one person uses the same account, any of the joint account holders shall have full power to
manage and operate the account.
5.2 In joint accounts, the Company shall be bound to execute the first order issued by one of the joint account holders, without
the Company being liable for any consequences resulting therefrom. The decisions and orders issued by any of the account
holders shall be final and binding towards all of them, jointly and severally, without severability, towards the Company.
5.3 Any of the account holders shall be entitled to act individually, so that any action taken by any of the account holders shall
be effective and apply to each other as if the action was taken by any of them personally, and in particular:
(a) Trading in accordance with the terms set out in this Agreement;
(b) Receiving the instructions issued by the Company;
(c) Receipt of notifications, correspondences, and documents relating to the trading account;
(d) Deposit in, withdraw from, and liquidate opened positions and accounts; each one of the account holders shall
mandate the other to terminate this Agreement severally, in accordance with the terms listed below.
5.4 Each of the account holders shall be entitled to deposit or withdraw, in whole or in part, the free balance related to the
trading account opened in the Company.
5.5 The joint account holders shall commit to pay all amounts owed by any of them to the Company, in case of a debit
account, jointly and severally, without severability.
5.6 Each account holder declares that any of the account holders shall be entitled to fully discharge and forever release the
Company irrevocably, for the whole account, and all that is related to the account, as well as to the other account holders.
5.7 Each of the joint account holders shall immediately inform the Company whenever a change occurs on their marital
status (such as marriage or divorce) and/or financial status (lawsuits, increase of their financial burdens), and provide the
Company with official documents in this regard.
5.8 In case of death or incapacity of one of the joint account holders, the other surviving account holder(s), or those who
remain competent shall provide the Company with all official documents in this regard (death certificate, incapacity decision,
appointing a legal representative, etc.).
5.9 Upon the death of any of the joint account holders, the other joint account holders (the survivors) shall absolutely have
the right use the account.
5.10 Any former Account Holder and the estate of any deceased or incapacitated Account Holder will remain jointly and
severally liable for any losses generated in the Trading Account arising out of or relating to transactions: (SWAPs, account
liquidation or any other reason whatsoever).
The surviving joint account holder(s) shall be bound, jointly and severally, to pay to the Company any debit balance or loss the
joint account, resulting from the completion of account swaps, account liquidation or any other reason whatsoever.
6.1 In relation to any Transaction, the Client acts as Principal and not as Agent on behalf of any third party. This means that
unless otherwise agreed, Beinmarkets will treat the Client as a client for all purposes and the Client shall be directly and fully
responsible for performing the obligations under each Transaction made by or on behalf of the Client.
6.2 If the Client acts in relation to or on behalf of someone else, whether or not the Client identifies that person, Beinmarkets
shall not accept that person as an indirect client and shall accept no obligation to that person, unless otherwise specifically
agreed.
6.3 Any person or Agent notified to Beinmarkets as being authorized by the Client may give Instructions and Requests to
Beinmarkets concerning any Transaction, proposed Transaction, or any other matter.
6.4 The Client authorizes Beinmarkets to rely and act on any Request, Instruction or other communication received from the
Client which purports to have been given by the Client or on behalf of the Client without further enquiry on the part of
Beinmarkets as to the authenticity, genuineness, authority or identity of the person giving or purporting to give such Request,
Instruction or other communication. The Client will be responsible for and will be bound by all obligations entered into or
assumed by Beinmarkets on behalf of the Client in consequence of or in connection with such Requests, Instructions, or other
communications.
6.5 Unless Beinmarkets receives a written notification from the Client for the termination of the authorization of the person.,
Beinmarkets will continue accepting Requests, Instructions or other communication given by such person on the Client’s behalf
and the Client will recognize such as valid and committing to him.
6.6 The written notification for the termination of the authorization to a third party has to be received by Beinmarkets with at
least five (5) Business Days’ notice prior the termination date.
6.7 In the event of the death or mental incapacity of the Client (who is the only person that forms the Client), Beinmarkets will
have no responsibility or liability whatsoever in respect of the actions or omissions or fraud of the authorized third party
(appointed under clause 6.3. above) in relation to the Client’s Trading Account and/or Client Money and Beinmarkets will stop
accepting Requests, Instruction or other communications given from the account of the Client upon Beinmarkets receives notice
of the death or mental incapacity of the Client.
6.8 In relation to any Transaction, Beinmarkets acts as Principal for any duly-regulated counterparty, according to applicable
legislation.
6.9 In relation to any Transaction and the Services provided by Beinmarkets to the Client, it is the responsibility of the Client to
ensure that the Client can accept the Services and/or enter into the Transactions in the country in which the Client is resident.
7.1 Beinmarkets is segregating clients’ money from its own money.
7.2 Beinmarkets may hold Client Money and the money of other clients in the same bank account (omnibus account), according
to Applicable Regulations.
7.3 Beinmarkets shall not be obliged to pay interest to the Client on any funds which Beinmarkets holds. The Client waives all
rights to interest.
7.4 In relation to Clients’ Funds, on or after the date the Client becomes a professional Client, he/she agrees to transfer full
ownership of money to the Company for the purpose of securing or covering Clients’ present, future, actual, contingent, or
prospective obligations, such as Margin.
7.5 Beinmarkets will carry out reconciliations of records and Segregated Funds with the records and accounts of the money
Beinmarkets holds in Segregated Accounts on a daily basis, and any required transfer to or from the Segregated Account will
take place by the close of business on the day that the reconciliation is performed.
7.6 The Client agrees that Beinmarkets shall not be held liable or have any further obligation in the event that any credit or
financial institution, with which Segregated Funds are held, defaults in its obligations with respect to the Segregated Funds.
8.1 Subject to the Client’s obligations under this Agreement being fulfilled and any other rights of Beinmarkets herein, Beinmarkets
will offer the following Services to the Client:
Investment Services
• Reception and transmission of orders in relation to one or more financial instruments:
• Execution of orders in relation to one or more financial instruments.
Ancillary Services
• Safekeeping and administration of financial instruments, including custodianship and related services
• Granting credits or loans to one or more financial instruments, where the firm granting the credit or loan is involved
in the transaction.
• Foreign exchange services where these are connected to the provision of investment services.
• Investment research and financial analysis or other forms.
8.2 Subject to fulfill the Client’s obligations hereunder, Beinmarkets may enter into Transactions with the Client in Instruments
specified on the Website.
8.3 Beinmarkets shall carry out all Transactions with the Client on an execution-only basis. Beinmarkets is entitled to execute
Transactions notwithstanding its suitability for the Client. Beinmarkets is under no obligation, to monitor or advise the Client on
the status of any Transaction; to make margin calls; or to close out any Client’s Open Positions.
8.4 The Client shall not be entitled to ask Beinmarkets to provide investment advice or to make any statements of opinion to
encourage the Client to make any particular Transaction.
8.5 Beinmarkets shall not provide physical delivery of the Underlying Asset of an Instrument in relation to any Transaction. Profit or
loss in the Currency of the Trading Account is deposited in/withdrawn from the Trading Account once the Transaction is closed.
8.6 Beinmarkets will not provide personal recommendations or advice on the merits of any specific Transactions.
8.7 Beinmarkets may, from time to time and at its discretion, provide market news, market analysis and market trends in
newsletters, which it may post on the Website or provide to subscribers via email or otherwise. Where it does so:
(a) this information is provided solely to enable the Client to make his own investment decisions and does not amount to
investment advice;
(b) if the document contains a restriction on the person or category of persons for whom that document is intended or to
whom it is distributed, the Client agrees that he will not pass it on to any such person or category of persons;
(c) Beinmarkets gives no representation, warranty or guarantee as to the accuracy of completeness of such information or
as to the tax consequences of any Transaction;
(d) the Client accepts that prior to dispatch, Beinmarkets may have acted upon it itself to make use of the information
on which it is based. Beinmarkets does not make representations as to the time of receipt by the Client and cannot
guarantee that he will receive such information at the same time as other clients. Any published research reports or
analysis may appear in one or more screen information service;
(e) It is provided solely to assist the Client to make the Client’s own investment decisions and does not amount to
Investment advice or unsolicited financial promotions to the Client;
(f) It does not necessarily take into consideration the relevant legislative or regulatory framework of the country where
the Client is resident, and it is the Client’s responsibility to ensure compliance therewith.
8.8 Market analysis, news, or other information are subject to change and may be withdrawn at any time without notice.
8.9 In providing the Client with reception and transmission and/or execution services, Beinmarkets is not required to assess the
suitability of the financial instrument in which the Client wishes to transact, nor the service(s) provided or offered to him. As
a result, the Client will not benefit from the protection of the Applicable Regulations as regards assessment of suitability.
8.10 We may request information about the Client’s knowledge and experience in the investment field so that it can assess
whether the service or product envisaged is appropriate for him. If the Client elects not to provide such information, or if the
Client provides insufficient information, Beinmarkets will not be able to determine whether the service or product envisaged
is appropriate for the Client. Beinmarkets shall assume that information about knowledge and experience provided from the
Client to Beinmarkets is accurate and the Company will have no responsibility to the Client if such information is incomplete or
misleading or changes or becomes inaccurate unless the Client has informed Beinmarkets of such changes.
8.11 Beinmarkets reserves the right, at its discretion, at any time to refuse to provide the Services to the Client and the Client
agrees that we will have no obligation to inform the Client of the reasons. Beinmarkets further reserves the right to suspend or
delay the provision of any Services in the event of Abnormal Market Conditions.
8.12 Beinmarkets has the right to offer, at its discretion, through the Website, the opportunity for the Client to open a demo
account. The Client is hereby notified and understands that the execution in the demo environment, where a demo account
operates, might differ from the environment of a live account. Beinmarkets shall not be liable for any loss and/or other damage
incurred by reason of such differences.
9.1 When Beinmarkets deals with or for the Client, Beinmarkets, an associate or some other person connected with Beinmarkets,
may have an interest, relationship or arrangement that is material in relation to the Transaction concerned or that conflicts
with the Client’s interest. By way of example only, when Beinmarkets deals with a Transaction for or on behalf of the Client,
Beinmarkets may be:
(a) dealing in the Instrument concerned as Principal for Beinmarkets’ account by selling to or buying the Instrument from
the Client;
(b) matching the Client’s Transaction with that of another Client by acting on behalf of both clients.
9.2 The Client consents to and authorizes Beinmarkets to deal with or for the Client in any manner which Beinmarkets considers
appropriate, notwithstanding any conflict of interest or the existence of any material interest in a Transaction, without prior
reference to the Client.
9.3 Beinmarkets shall take all reasonable steps to detect and avoid conflicts of interest. Beinmarkets is committed to act honestly,
fairly and professionally and in the best interests of its Clients and to comply, in particular, with the principles set out in the
Law when providing the Services.
10.1 The Client shall be obliged to pay Beinmarkets the commissions, charges and other costs set out in the Contracts
Specifications. Beinmarkets will display all current commissions, charges and other costs on its Website and portals.
10.2 Beinmarkets may vary commissions, charges and other costs from time to time without prior Written Notice to the Client.
All changes in commissions, charges and other costs are displayed on Beinmarkets Website and portals.
10.3 The Client shall solely bear any and all fees and taxes (including VAT) arising under this Agreement.
10.4 Where any part of the total costs and charges is to be paid in or represents an amount of foreign currency, the Company
will provide an indication of the currency involved and the applicable currency conversion rates and costs.
10.5 The Company will not be liable for any margin call or losses that the Client may suffer including, but not limited to,
losses due to Stop out Level, if the trading benefit is withdrawn for any reason pursuant to the applicable “Client Agreement”.
The Company ensures that losses will never exceed the total available funds across all Client’s accounts opened with us
(negative balance protection).
11.1 Beinmarkets is entitled, without prior notice to the Client, to make any currency conversions which we consider necessary
or desirable for the purposes of complying with its obligations or exercising its rights hereunder or any Transaction. Any such
conversion shall be affected by Beinmarkets in such manner and at such rates as Beinmarkets may, at its discretion, determine,
having regards to the prevailing rates for freely-convertible currencies.
11.2 Each FX Transaction entered into by the Customer with us, will immediately, upon acceptance by Beinmarkets and at
their discretion, be netted with all then existing FX Transactions between the Customer and Beinmarkets for the same paired
currencies having the same delivery date so as to constitute a single Transaction. Further, if more than one delivery of a
particular currency is to be made between the Customer and us pursuant to a foreign currency contract on any single delivery
date, each party shall aggregate the amounts due by it and only the difference, if any, between these aggregate amounts
shall be delivered by the party owing the larger amount to the other party
12.1 Beinmarkets provides Quotes to the Client.
12.2 Beinmarkets shall not be obliged to, but may, at its absolute discretion, execute, as Principal, the Client’s Requests and
Instructions in respect of any Instrument out of normal trading hours, specified in the Contract Specifications for that particular
Instrument. In such a case, all the trades executed will be reported and submitted to the Client if required and/or requested.
12.3 Beinmarkets specifies Spread for each Instrument in the Contract Specifications. Beinmarkets is entitled to change Spreads
without prior Written Notice to the Client.
13.1 Client is entitled to open or close a trade (buy or sell a financial instrument) by submitting an Order via:
(a) Online via our platform and/or software trading tools; or
(b) By speaking to dealing desk during trading hours.
Beinmarkets shall not accept and shall not be under any obligation to execute any Order submitted by other means (e.g:
by leaving a voice message or through our live chat system service etc.).
13.2 Beinmarkets shall accept or execute the Orders you submit if they fulfill all the conditions listed below:
(a) Orders should be submitted in accordance with the terms and conditions provided herein; and
(b) Your account shall contain sufficient resources to cover any margin required for the Order; and
(c) You are not in the breach of the provisions provided herein; and
(d) It is possible to execute such Order.
13.3 Beinmarkets is authorized (but is not obliged) to, in relation to the operation of an Account, rely upon and act in accordance
with any instruction given in the following manner:
(a) instructions given to Beinmarkets verbally, whether by telephone or otherwise (each a “verbal instruction”);
(b) instructions sent to Beinmarkets by post or delivered to us by hand containing the signature(s) of the Client(s) or
Authorized Signatory(ies) authorizing its issue;
(c) instructions (i) transmitted to Beinmarkets by electronic means and containing the signature(s) of the Client(s) or
Authorized Signatory(ies) authorizing its issue (each a “electronic instruction”), unless the Client has not opted in or
has opted out of the right to provide electronic instructions; (ii) given as Digital Services Instructions via Beinmarkets’s
web portals; or (iii) instructions sent to Beinmarkets via short message service which are preferable to the Client’s
contact details based on Beinmarkets’ records at the relevant time, or which are otherwise referable to a Client’s
contact details as may be informed by thew Company from time to time;
(d) unless the Client has not opted in or has opted out of the right to provide e-mail instructions (as defined below):
i. instructions sent by e-mail from any of the Client’s e-mail addresses specified in the Account Application, the last
e-mail address provided by the Client to Beinmarkets, the e-mail addresses of any Authorized Signatory (if any) (the
“Client’s specified e-mail address”); or
ii. instructions sent to us by e-mail containing the signature(s) of the Client(s) or Authorized Signatory(ies) authorizing
its issue, provided that the e-mail address (not being the Client’s specified e-mail address) from which instructions
are sent is registered with Beinmarkets.
13.4 Client acknowledges and agrees that:
(a) it may not be possible to execute his Order(s) immediately due to factors related to the size of his Order and liquidity
available; and
(b) Beinmarkets may, exceptionally in an emergency, cancel or amend all or any part of the Client’s unexecuted Orders; the
Client discharges and releases Beinmarkets from any loss and liability that may result; and
(c) Beinmarkets shall act on Orders only during Trading hours and shall deal with any Order(s) received outside Trading
Hours as soon as reasonably practicable after Trading Hours resume; and
(d) Beinmarkets has the right to set a Maximum Position Size at its absolute discretion.
13.5 Beinmarkets reserves the right not to accept any offer or to enter into a Transaction with the Client: if Beinmarkets believes
that it will not be able to hedge the proposed Transaction in the Underlying Market, or the proposed Transaction is of such a
size (too small or too large), Beinmarkets will not accept that Transaction.
13.6 Beinmarkets has the right to delete any cancelled Pending Orders older than 1 month from the Client’s Trading Account
history.
13.7 The Client acknowledges hereby to monitor his account at all times and especially when he has outstanding Order(s).
He shall contact Beinmarkets during Operation Hours in case he wishes to check on the status of any Order.
13.8 The Client understands, confirms and accepts herein that any and/or all of his/her trading account history in Client
Terminal(s) may, at any time and without prior written consent and/or notice to the Client, further be archived by Beinmarkets to a
single summarized line in the respective trading account, in which such history records exceed a timeframe of three (3) months.
13.9 The Client further, understands, confirms and accepts herein that such archived trading and non-trading history shall
be accessible and/or downloadable, at any time, from and/or within the Client Portal.
13.10 Beinmarkets hereby confirms that Client’s archived original trading history records, from the Client Terminal(s), shall be
accessible and/ or downloadable by the Client, at any time, through his/her Client Portal.
13.11 Beinmarkets hereby confirms that all Client records and/or trading and non-trading activity, current and/or past and/or
archived, shall be maintained for at least five (5) years after the termination of the business relationship with the Client.
14.1 The amounts payable under this Agreement are automatically converted by Beinmarkets into the Currency of the Trading
Account at the relevant exchange rate for spot dealings in the foreign exchange market.
14.2 If the aggregate amount payable by the Client equals the aggregate amount payable by Beinmarkets, then the obligations
to make payment of any such amount will be automatically satisfied and discharged.
14.3 If the aggregate amount payable, by one party, exceeds the aggregate amount payable by the other party, then the
party with the larger aggregate amount shall pay the excess to the other party and all obligations to make payment will be
automatically satisfied and discharged. This provision shall also apply when a Client that may have multiple Trading Accounts
and where an amount is due and owing to Beinmarkets from one of the Trading Accounts whereas there are funds available in
any other Trading Account, then the Company shall be entitled to settle any obligations due by the Trading Account in deficit
by transferring funds from the Trading Account(s) which has funds available. In the event of such a transfer, Beinmarkets shall
not be liable for any margin call or losses that the Client may suffer, including, but not limited to, losses due to Stop-out Level.
14.4 The Client obligations to pay any due amount shall include all commissions, charges and other costs determined by
Beinmarkets.
15.1 The Client shall pay Initial Margin and/or Hedged Margin at the moment of opening a position. The amount of Initial
Margin and Hedged Margin for each Instrument is defined in the Contract Specifications.
15.2 Beinmarkets is entitled to change margin requirements without prior Written Notice in the case of Force Majeure Event.
15.3 Beinmarkets is entitled to apply new margin requirements, as provided herein, to new positions and positions that are
already open.
15.4 Beinmarkets is entitled to close the Client’s Open Positions without obtaining his consent or any prior Written Notice if the
Equity is less than certain rate, depending on the account type as stipulated on the Website.
15.5 It is the Client’s responsibility to notify the Company as soon as the Client believes that the Client will be unable to meet
a margin payment when due.
15.6 Beinmarkets is not obliged to make margin calls for the Client. Beinmarkets is not liable to the Client for any failure by
Beinmarkets to contact or attempt to contact the Client.
15.7 In the event when the Client breaches any provision of this Agreement, any sums referred to therein which are not
denominated in the Currency of the Trading Account shall be treated as if they were denominated in the Currency of the
Trading Account by converting them into the Currency of the Trading Account, at the relevant exchange rate for spot dealings
in the foreign exchange market.
16.1 The Client may deposit funds into the Trading Account at any time. All payments to Beinmarkets shall be made in accordance
with Payment Instructions set forth on the Website. Under no circumstances third-party or anonymous payments will be
accepted.
16.2 The Client may withdraw funds from the Trading Account at any time as provided herein.
16.3 When the Client gives an instruction to withdraw funds from the Trading Account, the Company shall use its best
endeavors to pay the specified amount within one (1) business day from the date the request has been received, or the next
working day if the Client’s request is received outside of normal trading hours once the instruction has been accepted, if the
following requirements are met:
(a) the withdrawal instruction includes all necessary information;
(b) the instruction is to make a transfer to the Client’s account (under no circumstances will payments to third-party or
anonymous accounts be accepted); and
(c) at the moment of payment, the Client’s Free Margin exceeds the amount specified in the withdrawal instruction
including all payment charges.
16.4 Beinmarkets shall debit the Client’s Trading Account for all payment charges. In the event that the Client instructs the
Company to close the Client’s Trading Account, the net balance payable to the Client shall be the overall value of the account(s)
for all gains, losses and fees, provided that the balance amount is greater than the charges requested by the banks or the
payment providers; if not, then the Client agrees he will not receive any amount and the account will be closed(after closing
all open positions).
16.5 When the Client’s account(s) suffer losses that exceed the equity, Beinmarkets shall bear the losses that exceed the Net
equity (negative balance protection).
16.6 All incoming payments shall be credited to the Client’s Trading Account no later than one (1) Business day after funds
are cleared by the bank(s) or payment provider(s) we deal with.
16.7 The Client acknowledges and agrees that (without prejudice to any of Beinmarkets’ other rights under this Agreement
to close out the Client’s Open Positions and exercise other default remedies against the Client), in the event of a due and
payable sum to Beinmarkets in accordance with the provisions provided herein and sufficient cleared funds are not yet credited
to the Client’s Trading Account, the Company shall be entitled to treat the Client as having failed to make a payment to
Beinmarkets and to exercise its rights as provided herein.
16.8 The Client shall make any margin payments, or other payments due, in US dollars, European euros, other currencies
accepted by the Company. The payment amount will be converted into the Currency of the Trading Account at the rate
determined by the bank of Beinmarkets.
17.1 Deposits
(a) We reserve the right to impose deposit limits and deposit fees in our system(s) at any time.
(b) You agree that any funds transmitted to our bank accounts (or to our payment providers) by you or, where permitted,
on your behalf will be deposited into your Account with us at the value date of receipt by us and net of any charges/
fees incurred by the bank account providers, our payment service providers and/or any other intermediary involved
in such transaction process.
(c) Before accepting any such funds into our bank accounts and/or making any such funds available in your Account with
us, we must be fully satisfied that you, as our client, are the sender of such funds, or that such funds have been sent
to us by an authorized representative of you, as our client; in those instances where we are not satisfied that you, as
our client, are the sender of such funds, or that such funds have been sent to us by an authorized representative of
you, as our client, we reserve the right to refund/send back the net amount received to the same remitter from, and by
the same payment method through which such funds were received.
17.2 Refunds and Withdrawals
(a) We reserve the right to impose withdrawal limits and withdrawal fees in our systems, at any time.
(b) Upon submitting a withdrawal request via the Client’s portal, you may be required to submit documentation as
required by applicable “Anti Money Laundering (“AML”) & Know Your Customer (“KYC”) Legislation” and/or any other
similar rules and regulations applicable to us.
(c) When a withdrawal or refund is performed, we reserve the right (but shall, under no circumstances, be obliged) to
remit the funds to the same remitter from, and by the same payment method through which such funds were initially
received by us. In that connection, we reserve the right, at our sole discretion, (a) to decline withdrawals via certain
payment methods; (b) to require another payment method as the one indicated in any withdrawal request, in which
instance a new withdrawal request may have to be submitted; and/ or (c) to require that further documentation be
submitted, as required by “Anti-Money Laundering (“AML”) & Know Your Customer (“KYC”) Legislation” and/or any
other similar rules and regulations applicable to us, before proceeding with any withdrawal request.
(d) If we are unable to remit the funds, or any partial amount thereof, to the same remitter from, and by the same
payment method through which such funds were initially received by us, we reserve the right (but shall, under no
circumstances, be obliged) to transmit the funds via an alternative payment method selected by us, at our sole
discretion, in any currency we deem fit (regardless of the currency in which the initial deposit was made). Under these
circumstances, we shall not be responsible for any transfer fees or charges incurred by the receiver and/or for any
currency exchange rates resulting from the payment of such amount.
(e) Withdrawal requests that are accepted and approved by us in accordance with the terms of this Agreement are, in
principle, processed on the same day that the request to withdraw funds was made, or the next working day if the
Client’s request is received outside of normal trading hours. The amount to be transferred reduces the balance of the
relevant Account, from which such transfer is to be made, when the transfer request process is concluded. We reserve
the right (a) to decline a withdrawal request if the request is not in accordance with the provisions of this Section, or
(b) to delay the processing of the request if we are not satisfied with the ancillary documentation submitted with the
withdrawal request.
(f) You agree, when we request, to pay any bank transfer fees incurred when you are withdrawing funds from your
Account or when funds are refunded by us to your designated bank account. You are solely responsible for the
payments details you are providing us with and we do not accept any responsibility for your funds, if the payment
details you have provided us are incorrect or incomplete. It is also understood that we do not accept any responsibility
for any funds that are not directly deposited into our bank accounts.
17.3 Deposits by Credit/Debit Card
(a) You can deposit funds to your Account with us quickly and easily by credit or debit card. The entire transaction is
processed electronically – online.
(b) Before you can use your credit card, we reserve the right, but shall under no circumstances be obliged, to require
that you register it with us. As the case may be, the credit card registration process will be clearly explained on the
Credit Card deposit screen displayed on our Online Trading Facility. Upon submitting your credit card registration, you
may be required to submit documentation as required by applicable “Anti-Money Laundering (“AML”) & Know Your
Customer (“KYC”) Legislation” and/or any other similar rules and regulations applicable to us. Once your credit card
has been successfully registered, you can start depositing funds into your Account by credit card.
(c) Registering and using your debit card is the same as using a credit card. The following information must match:
• the mailing address you provided upon your account registration must match your credit/debit card statement’s
billing address; and
• your full name must match the name on the credit/debit card; initials, nicknames, or aliases of any kind are not
accepted;
Please note that it is a serious criminal offence to provide false or inaccurate information during your credit/debit card
registration. At the very least, you may be prevented from accessing our Online Trading Facility via your current and future
Accounts with us.
(d) Furthermore, in the event that we suspect or determine, at our sole discretion, that the information you provided
during your credit/ debit card registration is false or incorrect, we reserve the right, at our sole discretion, to take all
action as we see fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking
and/or revoking your Access Codes and/or terminating your Account. Under these circumstances, we reserve the
right to seize any profits and/or revenues generated directly or indirectly by exercising any such prohibit trading
activity and we shall be entitled to inform any Interested third parties of your breach of this clause; any active Orders
associated with the same fraudulent credit card and/or Account will also be cancelled immediately; we have, and will
continue to develop any tools necessary to identify credit/debit card fraud; any dispute arising from such fraudulent
activity will be resolved by us at our sole and absolute discretion, in the manner we deem fairest to all concerned
parties; that decision shall be final and/or binding on all participants; no correspondence will be entered into.
(e) Before accepting any credit/debit card deposits and/or making any such credit/debit card deposits available in your
Account with us, we must be fully satisfied that you are the legitimate owner/user of the credit/debit card used and
that it is you, as the legitimate owner/user of the credit/debit card, who is making and/or authorizing the deposit
by credit/debit card; in those instances where we are not satisfied that you are the legitimate owner/user of the
credit/debit card used and that it is you, as the legitimate owner/user of the credit/debit card, who is making and/or
authorizing the deposit by credit/debit card, we reserve the right to refuse the credit/ debit card deposit(s) in question
and to refund/send back the net amount deposited to the same credit/debit card account and via the same payment
method through which such deposit(s) was/were made. Fraudulent transactions are immediately cancelled after
being detected. Furthermore, in such instances, we reserve the right, at our sole discretion, to take all action as we see
fit, including, without limitation, completely blocking access to our Online Trading Facility, blocking and/or revoking
your Access Codes and/or terminating your Account. Under these circumstances, we reserve the right to seize any
profits and/or revenues generated directly or indirectly by exercising any such prohibitive trading activity and we shall
be entitled to inform any Interested third parties of your breach of this clause; any active Orders associated with the
same fraudulent credit/debit card and/or Account will also be cancelled immediately; we have, and will continue to
develop any tools necessary to identify credit/debit card fraud; any dispute arising from such fraudulent activity will
be resolved by us at our sole and absolute discretion, in the manner we deem fairest to all concerned parties; that
decision shall be final and/or binding on all participants; no correspondence will be entered into.
(f) We reserve the right, at our sole discretion, to impose such deposit limits and restrictions, as we deem fit. Current
deposit limits and restrictions are displayed on the Credit/Debit Card Deposit screen displayed on our Online Trading
Facility. Credit/debit card transactions are generally processed within minutes of being requested. The deposited
funds are available for use immediately. We do not charge any fees for using this service. If we accept any payments
to be made by a debit card, credit card or any other payment method that may charge processing fees, we do,
however, reserve the right to levy a transfer charge. All transactions should be listed as purchases on your credit/
debit card statement. You may contact your credit/debit card company to ask if there are any fees on their side for
processing these transactions.
(g) For credit/debit cards, we provide you with the option of paying in your own currency. We provide a competitive
exchange rate, presented upfront in the payment method interface. Should you choose to pursue this service, the
transaction will be processed on your payment method immediately using the exchange rate provided. In case you
would like the payment provider to perform the currency exchange for you, the transaction will be posted to your card
when processed by your issuing bank while the exchange rate and any additional fees will be determined by your
issuing bank.
(h) It is important to keep a record of all of your credit/debit card deposits. To help you maintain these records, you should
be aware that your credit/debit card deposits are recorded and reported on your credit/debit card statement.
18.1 Nothing in this Agreement shall exclude or restrict any obligation or liability which Beinmarkets may have or owe to the
Client under Applicable Regulations, nor any liability which Beinmarkets may incur under the Law or Applicable Regulations in
respect of a breach of any such obligation.
18.2 In the event the Company may provide Market news, Market analysis and reports to the Client, Beinmarkets shall not be
responsible for the profitability of such information. The Client acknowledges that Beinmarkets shall not, in the absence of its
fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising
from any inaccuracy or mistake in any information given to the Client including, without limitation, information relating to any
Transactions. Subject to the right of Beinmarkets to void or close any Transaction in the specific circumstances set out herein,
any Transaction following such inaccuracy or mistake shall, nonetheless, remain valid and binding, in all respects, on both
the Company and the Client.
18.3 Beinmarkets will not be liable for any loss or expense incurred by the Client in connection with, or directly or indirectly
arising from:
(a) any error or failure in the operation of or any delay caused by the Client Terminal;
(b) Transactions made via Client Terminal or telephone;
(c) any failure by the Company to perform any of its obligations under this Agreement as a result of a cause beyond its
control; or
(d) the acts, omissions or negligence of any third party.
18.4 The Client shall be responsible for obtaining and using, at his/her own risk and expense, the necessary web browser,
other software, hardware and/or equipment necessary to obtain access to Digital Services, and for ensuring that his/her web
browser, other software, hardware and/or equipment used to obtain access to Digital Services is free in all circumstances
from Malware or errors that could affect the proper functioning of Digital Services. If new or different versions of the web
browser, other software, hardware and/or equipment necessary for the operation of Digital Services become available,
Beinmarkets reserves the right not to support any prior version of the web browser, other software, hardware or equipment.
18.5 If the Client fails to upgrade the relevant software and/or web browser or to use the enhanced version of the relevant
software, web browser, hardware or equipment as required by the Company, the Client acknowledges and agrees that any
of the events listed below may occur:
(a) Beinmarkets may not receive the Digital Services Instructions or communications; or
(b) Beinmarkets may reject any Digital Services Instruction or communication; or
(c) Beinmarkets may process the Digital Services Instructions incorrectly; or
(d) The Client may not be able to obtain access to all features and/or services available, and Beinmarkets shall not be held liable
as a result thereof.
18.6 The Client acknowledges and agrees that the Company does not warrant or promise that Client Terminal will be
uninterrupted or error free. In the event that the Client encounters any technical difficulties or disruptions that prevent them
from accessing the Client Terminal or executing trades through the platform’s regular interface, the Client should contact
Us by telephone during trading hours to request the opening, closing, or modification of a trade The Dealing Desk will use
reasonable efforts to assist the Client promptly in our reasonable control to do so.
18.7 The Client acknowledges that such situations may arise due to factors beyond the Company’s control, including but not
limited to technical failures, connectivity issues, or force majeure events. The Company shall not be held liable for any losses,
damages, or costs incurred by the Client as a result of technical difficulties or disruptions.
18.8 The Client hereby acknowledges the following risks:
(a) insufficient technical knowledge and lack of safety precautions can make it easier for unauthorized persons to access
the system (e.g., insufficiently protected storage of data on the hard disk, file transfers, monitor emissions, etc.).
(b) latent danger that third parties could gain unnoticed access to a computer system of the Client during an Internet
session (e.g., via a Java application etc.). There is also the possibility that third parties may record communications
with Beinmarkets;
(c) danger of intrusion or attack by any person or hardware, or by any Malware that may incur the operational risks listed
below:
i. Beinmarkets uses IT Systems developed by third parties to deliver services to and perform transactions on behalf of
Clients as well as for back-office operations (including but not limited to Beinmarkets’ web portals and platforms).
Beinmarkets, therefore, depends on the performance, capacity, and reliability of IT Systems to support its operations,
day-to-day business communications and the delivery or provision of its products and services in relation to Digital
Services or otherwise; and
ii. Beinmarkets may not be prepared to address all contingencies that could arise in the event of a major disruption of
services or remedy any interruption in a timely or satisfactory manner or at all, as Beinmarkets is partly dependent on
third parties for the implementation and maintenance of IT Systems and some causes of interruptions to them are
beyond Beinmarkets’ control.
(d) Beinmarkets may use authentication or verification technologies, services or measures as Beinmarkets deems necessary,
desirable or appropriate. There can be no assurance that such authentication technologies, services or measures will
be completely secure, adequate or successful to prevent unauthorised access to or use of Digital Services, hacking
or identity theft;
(e) the following risks relating to security of information and access:
i. physical or electronic break-ins, security breaches, service disruption and other disruptive problems caused by the
increased use of the internet, or any power disruption could also affect the security of information stored in or
transmitted through our IT Systems. Notwithstanding that Beinmarkets employs certain security measures designed
to minimize the risk of security breaches, there can be no assurance that these security measures will be adequate
or successful;
ii. Digital Services will be accessed on devices in the Client’s possession. Accordingly, the Client acknowledges and
agrees to take adequate steps (for example, installing all security precautions or software from reliable sources) to
minimize or prevent unauthorised access to their IT Systems and any security breaches, attacks or intrusions by Malware or other similar harmful components interfering with the use of Digital Services. There is also a risk that third
parties could gain access to the IT Systems before, during or after the Client access Beinmarkets’ Digital Services (including but not limited to Beinmarkets’ web portals and platforms), and the third parties may thereby gain access to any
information including information which the Client choose to download via Digital Services and store on its IT Systems;
iii. Beinmarkets strongly cautions against Digital Services being downloaded, installed, or used on a device where any
of the security features devised by the operating system or manufacturer have been modified at any time (including
a device which has been “jailbroken” or “rooted”). Doing so risks the effective and reliable use of Digital Services
and may cause interferences with the use of Digital Services and data security breaches. If any Digital Services are
downloaded, installed or used on such a device, the Client is deemed to be fully aware of and understand the risks
of doing so and Beinmarkets shall not be responsible for any consequences of such use:
(f). the following risks in relation to communications and transmissions:
i. any information, notification, data, document, or software transmitted via Digital Services, e-mail or SMS is carried
through or on publicly accessible networks and through applicable internet or telephone service providers, is dependent on IT Systems and may be in an unencrypted form.
ii. accordingly, the possible risks of such communications and transmissions should be understood; these include:
• another person assuming (fraudulently or otherwise) the Client’s identity or Beinmarkets’ identity, as the case may be;
• leakage of any system;
• confidential information or profiling of the Client’s behavior;
• errors in transmission and technical default or power failure of networks, service providers or IT Systems;
• delays or time lags in transmission or communications;
• an intruder or third-party interfering with or intercepting any information, notification, data, document, or software
to receive the Client’s information or send out unauthorized information, communications, or instructions to or
from Beinmarkets; and
• a third party discovering the relationship between the Client or any of its Authorized Users and Beinmarkets.
The Client agrees to hold the Company and all of its officers, employees, correspondents, nominees, Affiliates and agents
harmless, and shall indemnify each of them promptly on demand on a full indemnity basis or to the extent permitted under
Applicable Law, from and against any and all Losses (which for the avoidance of doubt includes direct or consequential
Losses and foreign exchange Losses) and Claims, except where directly caused by the Company’s gross negligence, fraud
or willful default where Beinmarkets has been found to have been grossly negligent, fraudulent or in willful default in a final
decision made by a court in the Jurisdiction, which Beinmarkets may incur or sustain arising out of or in connection with the
Agreement or arising out of or in connection with providing Services to the Client or any authorized party appointed by the
Client to manage their Account, including the following:
(a) Beinmarkets acting upon or carrying out any instructions which Beinmarkets has reasonable grounds to believe to be given
to Beinmarkets pursuant to the Agreement;
(b) Beinmarkets using any system or means of transmission, communication, transportation or otherwise in carrying out
such instructions (including by reason of loss, delay, misunderstandings, mistakes, distortions or duplications);
(c) any change in any Applicable Laws relating to the Account or affecting the Agreement;
(d) the collection of any cheque or other instrument presented by the Client for collection in connection with all or any of
the matters or Services in respect of the Account;
(e) Beinmarkets acting pursuant to the Agreement before its receipt of written notice of the termination of the Agreement
whether by operation of law applicable to the Client or otherwise;
(f) Beinmarkets enforcing or attempting to enforce any rights it may have against the Client pursuant to the Agreement;
(g) Beinmarkets complying with requests or orders from any Governmental Authority or Regulator in any jurisdiction;
(h) any breach by the Client of the Agreement or such other terms and conditions as are applicable to the Services
provided or to be provided by Beinmarkets to the Client;
(i) Beinmarkets taking any action in respect of a Client Transaction which violates the terms and conditions of this Agreement
(which includes but is not limited to abusive trading strategies, arbitrage, market manipulation, exploiting errors in
pricing etc.) or subscription agreement relating to that Asset (in such case, Beinmarkets may disregard the Client’s
instructions, liquidate the Client’s positions or take any other step which it deems suitable);
(j) the occurrence of any Event of Default;
(k) losses that occur from automated trading algorithm(s) (such as Expert advisers or trailing stops); or
(l) losses that occur from following any instruction received from a third party (including without limitation to trading
signals and/or copy trading strategies).
20.1 If you wish to make a complaint against us ,you should immediately lodge it by following the procedure described in the
“Complaints handling policy & procedure described herein:
20.2 Upon receipt of a complaint, Beinmarkets should Send an initial response to the client within five (5) business days,
confirming the receiving of the complaint.
20.3 Client complaint shall include all the information mentioned below:
• The client’s full name;
• The client’s trading account number;
• The affected transaction numbers, if applicable;
• The date and time that the issue arose; and
• A description of the issue.
20.4 Beinmarkets has the right to dismiss a complaint in case it does not comply with the requirements set out above.
During the investigation into a complaint we reserve the right to suspend your trading accounts for the term of the investigation
until it is resolved.
20.5 Beinmarkets must Investigate the complaint and reply within two (2) months, to the complainant about the outcome/
decision where during the investigation of the complaint.
• In the event that the Company is unable to respond within two (2) months, the Company will inform the complainant
of the reasons of the delay and will indicate the period of time within which it is possible to complete the Investigation.
20.6 Without prejudice to any of Our other rights to close a Transaction under this Agreement, in any case where We are
in dispute with You in respect of a Transaction or alleged Transaction or any communication relating to a Transaction, We
may, at our absolute discretion and without notice, close any such Transaction or alleged Transaction, where We reasonably
believe such action to be desirable for the purpose of limiting the maximum amount involved in the dispute, and We will not
be under any obligation to You in connection with any subsequent movement in the level of the Transaction concerned.
If We close one or more of Your Transactions under this Term, such action will be without prejudice to our right to contend in
relation to any dispute that such Transaction had already been closed by Us or was never Opened by You.
We will take reasonable steps to inform You that We have taken such action as soon as practicable after doing so.
20.7 Beinmarkets has the right to choose the method of indemnification at its sole discretion.
20.8 Complaints on matters not mentioned in this Agreement are resolved in accordance with the common market practice
and at the sole discretion of Beinmarkets.
20.9 If the Client has been notified in advance by Client Terminal internal mail or some other way of routine construction on
the Server, complaints made in regard to any unexecuted Instructions or Requests which are given during such a construction
period, are not accepted. The fact that the Client has not received a notice shall not constitute a reason to lodge a complaint.
20.10 No Client complaints will be accepted in regard to the financial results of the deals made using temporary excess Free
Margin on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at
an Error Quote (Spike) or at a Quote received as a result of a Manifest Error.
20.11 The Client acknowledges that Beinmarkets will not notify him/her that the dispute has been resolved and the position has
been reopened and that the Client shall be responsible for all the risks in this respect.
20.12 Once the dispute has been resolved Beinmarkets has the right to trigger the Stop Loss or Take Profit in the chronological
order in which they would have been triggered, if the Stop Out has not been executed.
20.13 Beinmarkets has the right to void any Transaction if the corresponding hedge trade has been cancelled by a Liquidity
Provider.
21.1 Beinmarkets acts as the sole Execution Venue to the Client and the Client agrees, transacts, and deals only with the
Company; the Company therefore has the ultimate responsibility towards the Client regarding execution of client orders.
21.2 The Clients’ orders do not get transmitted to a “Liquidity Provider” (LP) / Counterparty, the Company orders the execution
(back-to-back through an automated system) of a set-off transaction to the LP / Counterparty.
21.3 Any transactions that are traded between the Company and the Clients, the Company enters into back- to- back
transactions between the Company and its LP/Counterparty. The LP/ Counterparty is not executing for the Company’s clients,
the LP/Counterparty is executing for the Company.
21.4 The Company takes steps to safeguard their clients in this regard, diversifying the LP/ Counterparty relationships the
Company has, undertaking proper risk assessments for the approval of relationships with such LP / Counterparties and the
establishment of risk limits.
21.5 Transactions may only be executed during the time when the relevant Exchange where the Instrument is traded is open
for business. Beinmarkets Trading Hours are displayed on our Website under the Product Specifications Section for each
Instrument which may or may not be the same as the Trading Hours of the relevant Exchange. It is your responsibility to
ensure you are aware of which Instrument may be affected.
21.6 Beinmarkets does not accept any Orders outside the market hours of the relevant underlying financial instrument, and
futures are traded in accordance with the trading hours of the exchange on which the underlying financial instrument is
traded.
21.7 The manner in which Beinmarkets will provide best execution of the Client’s orders is set out in its Order Execution Policy
(attached herewith). Your transactions will be handled in accordance with our Order Execution Policy we will take all sufficient
steps to achieve best execution.
21.8 Where you have provided the Company with specific instructions we shall aim to execute the order following the specific
instructions by you.
21.9 Any spot forex Transaction and spot CFD Transaction for the Account remaining open at 5:00 pm Eastern Time on the
business day such Transactions were entered into are rolled over and adjustments are made to take account of interest rate
differentials between the currencies in the relevant currency pair, the direction of the trade and any storage or other fees that
are applicable to the Account.
21.10 Liquidity can affect order execution. When customers place a high volume of orders, order imbalances and backlogs
can occur, requiring more time to execute orders. This is because of delays caused by the number and size of orders processed,
the speed at which current quotations or last-sale information is provided, and system capacity constraints.
21.11 The Client accepts that Beinmarkets reserves the right to immediately terminate the Client’s access to the trading
platforms and/or recover any losses incurred from a Client’s Account(s) in the event Beinmarkets determine in its sole discretion
that the Client voluntarily and/or involuntarily undertakes to abuse the negative balance protection offered by us (or in any
way which is contrary to good faith or the terms of this Agreement) either on an individual Account, or multiple Account(s) or
multiple profiles and/or between one or more Client(s) of Beinmarkets in accordance with this Agreement. For example, a Client
hedging his/her exposure using his/her accounts under the same or different Client profile would constitute an abuse of the
Negative Balance Protection as well as a Client requesting a withdrawal of his/her Client Money -notwithstanding any of the
provisions of this Agreement – when the symbol he/she is trading is not available for trading at Beinmarkets during that specific
timeframe. It should be noted that this is not an exhaustive list.
Where Beinmarkets has determined, in its sole discretion, that a Client or Client(s) have abused the Negative Balance Protection,
Beinmarkets may take any action it deems fit, including but not limited to transfer any amount(s) from any Account(s) under any
profile, in order to cover the Negative Balance Protection loss.
22.1 Beinmarkets may in its absolute discretion close out, replace or reverse any Transaction or close out the Account as if
an Event of Default other than a Bankruptcy Default had occurred if it considers that any Transaction entered into for the
Account was based on material non-public information, manipulation of market information or data, or any behavior which
in the good faith opinion of Beinmarkets involved market abuse or other improper conduct.
22.2 Market abuse includes, among other things:
(a) transactions in which both buy and sell orders are entered at or nearly at the same time, with the same price and
quantity by the same party, or different but colluding parties;
(b) black swan events;
(c) latency arbitrage;
(d) swap arbitrage;
(e) market manipulation;
(f) insider trading;
(g) fraud;
(h) bonus abuse whereby a trader uses fraudulent actions to take advantage from the Company’s bonus scheme
(e.g: opening multiple accounts under different names in order to benefit from the bonus multiple times in different
accounts; or reversing trades at the same or different broker in order to achieve a risk-free trading); or
(i) trading for several accounts using the same IP, deceit, or any other kind of nefarious behavior.
22.3 No single or partial exercise of, or failure or delay in exercising any right, power or remedy (under these terms or at law)
by Beinmarkets shall constitute a waiver by Beinmarkets or impair or preclude any exercise or further exercise of, that or any other
right, power or remedy arising under this Agreement or at law.
23.1 The Client acknowledges and agrees that the account will be classified as “dormant” if you have neither deposited/
withdrawn any amount nor placed any trade for 180 consecutive days.
23.2 Beinmarkets shall treat the Account as dormant notwithstanding the Account’s equity.
23.3 The Client acknowledges and agrees that Beinmarkets shall apply monthly fees of 10 USD when you do not have open
trades for 180 consecutive days.
23.4 The Account will be classified as “inactive” if you have neither deposited/withdrawn any amount nor placed any trade
for 365 consecutive days.
23.5 The Client acknowledges and agrees to provide Beinmarkets with whatever information and execute such additional
documentation as Beinmarkets may reasonably require in case, he/she wishes to reactivate the Account.
The Client shall give Instructions and Requests via Client Terminal or telephone only.
25.1 All reports and MT4 statements are transmitted to the Client by email on a daily and monthly basis.
25.2 The Client acknowledges and agrees that he/she can generate MT4/MT5 statement from its Account.
26.1 Any Written Notice given under this Agreement may be communicated via the following:
(a) Client Terminal internal mail;
(b) email;
(c) facsimile transmission;
(d) post; or
(e) information published on Beinmarkets News Webpage.
26.2 All contact details provided by the Client, e.g. address, email address or fax number as last notified, will be used as
applicable. The Client agrees to accept any notices or messages from Beinmarkets at any time.
26.3 Any such Written Notice will be deemed to have been served:
(a) if sent by email, within one hour after emailing it;
(b) if sent by Client Terminal internal mail, immediately after sending it;
(c) if sent by fax, at the completion of transmission during business hours to its destination or, if not within business
hours, at the opening of the next period of business hours, but subject to:
• proof by the sender that the sender holds a printed transmission report confirming dispatch of the transmitted
notice; and
• the sender not receiving any telephone calls from the recipient within one hour from the above time, that the fax has
not been received in a legible form.
(d) if sent by post, seven calendar days after posting it;
(e) if posted on Beinmarkets News Webpage, within one hour after it has been posted.
26.4 For the purpose of this Agreement, “business hours” mean between 8:00 a.m. and 5:00 p.m. on a Business Day.
27.1 The Client acknowledges that Beinmarkets has the right to unilaterally modify the terms and conditions herein at any time
and at its sole discretion, giving the Client a Written Notice by email and/or by posting the modification on the Website and
the Client shall have an option to terminate the present by giving notice in writing.
27.2 The Client may terminate this Agreement with immediate effect by giving a Written Notice to Beinmarkets.
27.3 Beinmarkets may terminate this Agreement with immediate effect by giving a Written Notice to the Client.
27.4 Any such termination will not affect any obligation which has already been incurred by either the Client or Beinmarkets in
respect of any Open Position or any legal rights or obligations which may already have arisen hereunder or any Transactions
and deposit/withdrawal operations made thereunder.
27.5 Upon termination of this Agreement, Beinmarkets will be entitled, without prior notice to the Client, to cease granting the
Client access to the Client Platform.
27.6 Upon termination of this Agreement, all amounts payable by the Client to Beinmarkets will become immediately due and
payable including (but without limitation);
(a) all outstanding fees, charges and commissions; and
(b) any dealing expenses incurred by terminating this Agreement and charges incurred for transferring the Client’s
investments to another investment firm; and
(c) any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations
incurred by Beinmarkets on the Client’s behalf.
28.1 Beinmarkets may collect client information directly from the Client (in his completed Account Opening Application Form
or otherwise) or from other persons including, for example, credit reference agencies, fraud prevention agencies and the
providers of public registers.
28.2 The client acknowledges that when providing his personal information to the Company to open an account with the
Company, the Company will use, store, process and handle personal information provided by the Client (in case of a natural
person) in connection with the provision of the Services, in accordance to the General Data Protection Regulation or any other
similar applicable legislation.
28.3 If the Client is an individual, Beinmarkets is obliged to supply the Client, on request, with a copy of personal data, which it
holds about the Client (if any), provided that the Client pays a fee.
28.4 Telephone conversations between the Client and Beinmarkets may be recorded. All Instructions or Requests received by
telephone will be binding as if received in writing. Any recordings shall be and remain the sole property of Beinmarkets and
will be accepted by the Client as conclusive evidence of the Instructions/Requests or conversations so recorded. The Client
agrees that Beinmarkets may deliver copies of transcripts of such recordings to any court, regulatory or government authority.
29.1 The Client accepts that Beinmarkets, for the purpose of marketing financial services and products, may, from time to time,
make direct contact with the Client by telephone, facsimile or otherwise upon the Client’s consent. Once such a consent is
obtained, the Client agrees to such communications and agrees that the Client will not consider such communication as a
breach of any of the Client’s rights under any relevant data protection and/or privacy regulations. The Client may opt out of
receiving such communications by sending Beinmarkets an email at: support@Beinmarkets.com.
29.2 In compliance with the Company’s reporting obligations in accordance with any applicable legislation and/or regulation
and/or secondary legislation under any jurisdiction, the Company may be required to disclose information and/or data in
connection with the Client to the competent authorities and/or regulatory bodies and/or supervisory bodies of any jurisdiction
and by entering into this Agreement, the Client acknowledges that the Company may be required to proceed with such
disclosure of data for the purpose of compliance with such reporting obligations and the Client hereby consents to the said
disclosure.
29.3 Under Applicable Regulations, the Company will keep records containing Client personal data, trading information,
account opening documents, communications and anything else which relates to the Client for at least five years after
termination of the Client Agreement.
30.1 The information which the Company holds about the Client is confidential and will not be used for any purpose other
than in connection with the provision of the Services. Information of a confidential nature will be treated as such, provided
that such information is not already in the public domain or in the legal possession of Beinmarkets and was not subject to an
obligation of confidence or non-disclosure at the moment of its receipt by Beinmarkets. Information of a confidential nature will
only be disclosed to any person, in the following circumstances:
(a) as required by law or as requested by regulatory and enforcement authorities, courts and similar bodies that have
jurisdiction over Beinmarkets;
(b) to investigate or prevent fraud or other illegal activity;
(c) to members of Beinmarkets’ personnel who require information thereof for the performance of their duties under the
this Agreement or to any third party in connection with the provision of Services to the Client by Beinmarkets;
(d) for purposes ancillary to the provision of the Services or the administration of the Client’s Client Terminal, including,
without limitation, for the purposes of credit or identification enquiries or assessments;
(e) at the Client’s request or with the Client’s consent;
(f) to Beinmarkets’ consultants, lawyers, auditors, provided that, in each case, the relevant professional shall be informed
about the confidential nature of such information and commit to the confidentiality herein obligations as well;
(g) to judicial proceeding between the Company and the Client;
(h) when requested by our counterparties or liquidity providers for due diligence purposes.
30.2 Notwithstanding anything to the contrary in this Agreement or in any non-disclosure, confidentiality or other agreement
between the parties, each party hereby consents to the disclosure of information:
(a) to the extent required or permitted under, or made in accordance with applicable laws, and regulations which mandate
reporting and/or retention of transaction and similar information ; or
(b) to and between the other party’s head office, branches or Affiliates, or any persons or entities who provide services to
such other party or its head office, branches or Affiliates, in each case, in connection with such Reporting Requirements.
30.3 Each party acknowledges that regulators may require reporting of trade data to increase market transparency and
enable regulators to monitor systemic risk to ensure safeguards are implemented globally.
30.4 Each party also acknowledges that disclosures made pursuant hereto may be made to recipients in a jurisdiction
other than that of the disclosing party or a jurisdiction that may not necessarily provide an equivalent or adequate level of
protection for personal data as the counterparty’s home jurisdiction.
For the avoidance of doubt, and to the extent that applicable:
(i) nondisclosure, confidentiality, bank secrecy, data privacy or other law imposes non- disclosure requirements on
transaction and similar information required or permitted to be disclosed as contemplated herein but permits a party
to waive such requirements by consent, the consent and acknowledgements provided herein shall be a consent by
each party for purposes of such law;
(ii) any agreement between the parties to maintain confidentiality of information contained in this Agreement or in any
non-disclosure, confidentiality or other agreement shall continue to apply to the extent that such agreement is not
inconsistent with the disclosure of information in connection with the Reporting Requirements as set out herein; and
(iii) nothing herein is intended to limit the scope of any other consent to disclosure separately given by each party to the
other party.
30.5 The consenting party represents and warrants that any third party to whom it owes a duty of confidence in respect of
the information disclosed has consented to the disclosure of that information.
31.1 Each of the following constitutes an “Event of Default”:
(a) the failure of the Client to provide any Initial Margin and/or Hedged Margin, or other amount due under this Agreement;
(b) the failure of the Client to perform any obligation due to Beinmarkets;
(c) any breach of the terms and conditions provided herein by the Client;
(d) the initiation by a third party of proceedings for the Client’s bankruptcy (if the Client is an individual) or for the Client’s
winding up or for the appointment of an administrator or receiver in respect of the Client or any of the Client’s assets
(if the Client is a company) or (in both cases) if the Client makes an arrangement or composition with the Client’s
creditors or any procedure which is similar or analogous to any of the above is commenced in respect of the Client;
(e) where any representation or warranty made by the Client (as provided herein) is or becomes untrue;
(f) the Client is unable to pay the Client’s debts when they fall due; or
(g) the Client (if the Client is an individual) dies or becomes mentally incapacitated.
31.2 If an Event of Default occurs, Beinmarkets may, at its absolute discretion, at any time and without prior Written Notice,
take one or more of the following steps:
(a) close out any or all of the Client’s Open Positions at current Quotes;
(b) debit the Client’s Trading Account(s) for the amounts that are due to Beinmarkets;
(c) close any or all of the Client’s Trading Accounts held with Beinmarkets;
(d) refuse to open new Trading Accounts for the Client;
(e) adjust the Client’s trading account balance to remove illicit profit.
32.1 The Client represents and warrants to Beinmarkets, and agrees that each such representation and warranty is deemed
repeated each time the Client gives an Instruction or Request by reference to the circumstances prevailing at such time, that:
(a) the information provided by the Client to Beinmarkets in the KYC Form are true, accurate and complete in all material
respects;
(b) the Client has read and fully understood the provisions provided herein (including those mentioned in the Exhibits
attached hereto);
(c) the Client is duly authorized to enter into this Agreement, to give Instructions and Requests and to perform its
obligations thereunder;
(d) the Client acts as Principal;
(e) all actions performed hereunder will not violate the Law, the Applicable Regulations or any law, ordinance, charter,
by-law or rule applicable to the Client or jurisdiction in which the Client is resident, or any agreement by which the
Client is bound or by which any of the Client’s assets are affected;
(f) the Client consents to the provision of the information of this Agreement by means of Website; and
(g) the Client confirms that he has regular access to the internet and consents to Beinmarkets providing him with information,
including, without limitation, information about amendments to this Agreement, costs, fees, Policies and information
about the nature and risks of investments by posting such information on the Website.
32.2 In addition to all other rights and remedies available to it, Beinmarkets has the right to render any position voidable or to
close out any or all positions at the current Quotes at any time, at its absolute discretion, if the Client breaches any provision
of this Agreement.
33.1 Beinmarkets may, in its reasonable opinion, determine that a Force Majeure Event exists, in which case Beinmarkets will, in
due course, take reasonable steps to inform the Client. A Force Majeure Event includes without limitation:
(a) any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, terrorism, war, act of
God, accident, fire, flood, storm, interruption of power supply, electronic, communication equipment or supplier failure,
civil unrest, statutory provisions, lock-outs) which, in Beinmarkets’ reasonable opinion, prevents us from maintaining an
orderly market in one or more of the Instruments;
(b) the suspension, liquidation or closure of any market or the abandonment or failure of any event to which Beinmarkets
relates its Quotes, or the imposition of limits or special or unusual terms on the trading in any such market or on any
such event; or
(c) Abnormal Market Conditions.
33.2 If Beinmarkets determines in its reasonable opinion that a Force Majeure Event exists (without prejudice to any other rights
provided herein) Beinmarkets may, without prior Written Notice and at any time, take any of the following steps:
(a) increase margin requirements;
(b) close out any or all Open Positions at such prices as Beinmarkets considers in good faith to be appropriate;
(c) suspend or freeze or modify the application of any or all terms of this Agreement to the extent that the Force Majeure
Event makes it impossible or impractical for Beinmarkets to comply with them; or
(d) take or omit to take all such other actions as Beinmarkets deems to be reasonably-appropriate in the circumstances with
regard to the position of Beinmarkets, the Client and other Clients.
34.1 Any liability of the Client to Beinmarkets under the Terms and Condition provided herein may in whole or in part be
released, compounded, compromised or postponed by Beinmarkets in its absolute discretion without affecting any rights in
respect of that or any liability not so waived, released, compounded, compromised or postponed.
No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision,
whether or not similar, nor will any waiver constitute a continuing waiver. No waiver shall be binding unless executed in
writing by the party making the waiver.
34.2 The rights and remedies provided to Beinmarkets under this Agreement are cumulative and are not exclusive of any rights
or remedies provided by law.
34.3 If any provision of this Agreement shall be held to be illegal, in conflict with any law or rendered invalid, the remining
portions of the Agreement shall be considered severable and not be affected by such determination, and the rights and
obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part or provision(s)
held to be illegal or invalid.
34.4 The Client may not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer the Client’s
rights or obligations hereunder without our prior written consent and any purported assignment, charge or transfer in
violation of this term shall be void.
34.5 Where the Client comprises two or more persons, the liabilities and obligations under any agreement with Beinmarkets
shall be joint and several. Any warning or other notice given to one of the persons, which form the Client, shall be deemed to
have been given to all the persons who form the Client. Any Order given by one of the persons who form the Client shall be deemed to have been given by all the persons who form the Client.
34.6 The Client accepts and understands that Beinmarkets’ official language is the English language and the Client should
always read and refer to the main Website for all information and disclosures about Beinmarkets and its activities. Translation
or information provided in languages other than English in Beinmarkets’ local websites is for informational purposes only and
do not bind us or have any legal effect whatsoever, Beinmarkets having no responsibility or liability regarding the correctness
of the information therein.
35.1 This Agreement shall be governed by and construed in accordance with the laws of Saint Vincent & the Grenadines.
35.2 With respect to any proceedings, the Client irrevocably:
(a) agrees that the courts of Saint Vincent & the Grenadines shall have exclusive jurisdiction to determine any proceedings;
(b) waives any objection which the Client may have at any time to the bringing of any proceedings in any such court; and
(c) agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not
have jurisdiction over the Client.
35.3 The Client hereby is deprived from any right to use” Beinmarkets” or “Beinmarkets” as the part of or a sole word while registering
domain names or as the part of or a sole word while taking nickname in any social network and/or from any other unauthorized
usage of “Beinmarkets” or “Beinmarkets” for personal needs.
36.1 The Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized
access or use of the Client Terminal. The Client accepts and understands that the Company reserves the right, at its discretion,
to terminate or limit his access to the Client Terminal if it suspects that he allowed such use.
36.2 When using the Client Terminal, the Client will not, whether by act or omission, do anything that will or may violate the
integrity of the Client Terminal or cause it to malfunction.
36.3 The Client is permitted to store, display, analyze, modify, reformat and print the information made available through the
Client Terminal. The Client is not permitted to publish, transmit, or otherwise reproduce that information, in whole or in part,
in any format to any third party without our consent. The Client may not alter, obscure or remove any copyright, trademark
or any other notices that are provided on the Client Terminal.
36.4 The Client agrees to keep secret and not to disclose any Access Data to any person other than an individual who has
been expressly authorized to act on his behalf as provided herein.
36.5 The Client agrees to notify us immediately if he knows or suspects that his Access Data has or may have been disclosed
to any unauthorized person.
36.6 The Client agrees to cooperate with any investigation Beinmarkets may conduct into any misuse or suspected misuse of
his Access Data.
36.7 The Client accepts that he will be liable for all orders given through and under his Access Data and any such orders received
by us will be considered as received by him. In cases where a third person is assigned as an authorized representative to act on his behalf (as provided herein), the Client will be responsible for all orders given through and under his representative’s Access Data.
36.8 The Client acknowledges that Beinmarkets bears no responsibility if unauthorized third persons have access to information,
including electronic addresses, electronic communication and personal data, when the above are transmitted, using the
internet or other network communication facilities, post, telephone, or any other electronic means.
In the event where the Client agrees to participate in a promotion and/or contest the following terms and conditions shall
apply:
(a) A Client shall not be entitled to participate in more than one promotion and/or contest at the same time, unless
otherwise explicitly provided in the terms and conditions;
(b) Beinmarkets will not be liable for any margin call or losses that the Client may suffer, including but not limited to
losses due to Stop-out Level, if the trading benefit is withdrawn for any reason pursuant to the applicable terms and
conditions of the promotion and/or contest;
(c) Beinmarkets reserves the right, as it in its sole discretion deems fit, to alter, amend, suspend, cancel or terminate the
promotion and/or contest, or any aspect of it, at any time and without any prior notice. Under no circumstances shall
the Company be liable for any consequences of any alteration, amendment, suspension, cancelation or termination
of the promotion and/or contest;
(d) Any indication or suspicion of fraud, manipulation, cash-back or bonus or swap arbitrage, or other forms of deceitful
or fraudulent activity in a Client’s account or multiple account with Beinmarkets or otherwise related or connected to
the promotion and/or contest will nullify any and all transactions executed and/or profits or losses garnered therein;
(e) We reserves the right, at our sole discretion, to disqualify any individual from any trading benefit if we suspect
misuses or attempts to misuse the promotions and/or contests, or breaches the present Agreement and/or any of
Beinmarkets’ Business Terms and/ or the terms and conditions of the promotion and/or contest and to cancel all orders
and annul all profits of such client. In these circumstances, Beinmarkets shall not be liable for any consequences of the
trading benefit cancelation;
(f) In the event of dispute, this shall be resolved in accordance to the complaints procedure set out herein;
(g) Notwithstanding the translated language of the terms and conditions of a promotion and/or contest, the English
wording shall be the binding version in the event of any discrepancy between the two languages.
38.1 In the case where the Client opens a Swap-Free Trading Account(s) the Client acknowledges and agrees to the following:
(a) If Beinmarkets suspects any fraud, manipulation, swap-arbitrage or other forms of deceitful or fraudulent activity in a
Client’s account(s) or otherwise related or connected to any and/or all Transactions, then the Company reserves the
right, at its sole discretion, to close all open positions in the Client’s Trading Account and deduct or add a penalty
(equivalent to the swap and/or any profit amount) for all Transactions made in the account(s) and decline from
accepting any further requests from the Client to be exempted from any swaps;
(b) The Client acknowledges and agrees to:
(i) trade only with instruments shown in the List and
(ii) the Swap Free charge for all positions open as these may be defined and/or issued by us from time to time (inclusive
of the day of the position is opened and/or closed) and as such charges and duration is provided within the Contract
Specifications for Swap Free Accounts section on the Website.
I. In this Agreement:
“Abnormal Market Conditions” shall mean conditions contrary to Normal Markets Conditions e.g. when there is low liquidity
in the market or rapid price movements in the market or Price Gaps.
“Access Data” shall mean the Client’s access codes, any login code, password(s), his Trading Account number and any
information required to make Orders with Beinmarkets.
“Affiliate” shall mean, in relation to Beinmarkets, any entity controlled directly or indirectly, by Beinmarkets, any entity that controls
directly or indirectly Beinmarkets, or any entity directly or indirectly under common control with Beinmarkets. For this purpose,
“control” means ownership of a majority of the voting power of Beinmarkets or entity.
“Agent” shall mean an entity appointed to act solely on the appointing party’s behalf to deal with the other party in relation
to all or part of the actions under the relevant provision.
“Agreed Process” means any process agreed between the parties in respect of a Dispute other than the Dispute
Resolution Procedure, as may be amended between the parties.
“Applicable Rate” means:
(a) Federal Funds rate, if the Currency of the Trading Account is US dollars;
(b) Key European Central Bank (repo) Interest Rate, if the Currency of the Trading Account is European euros;
“Applicable Regulations” shall mean Applicable laws, rules and regulations as in force from time to time in any competent
jurisdiction.
“Ask” shall mean the higher price in the Quote, being the price at which the Client may buy.
“Balance” shall mean the total financial result of all Completed Transactions and depositing/withdrawal operations on the
Trading Account.
“Base Currency” shall mean the first currency in the Currency Pair, against which the Client buys or sells the Quote Currency.
“Bid” shall mean the lower price in the Quote, being the price at which the Client may sell.
“Business Day” shall mean any day between Monday and Friday, inclusive, other than the 25th of December, the 1st of
January or any other holiday to be announced by Beinmarkets on the Website. “CFD” shall mean Contract for Differences.
“Client” shall mean a person who has completed the process of Application to Open a Personal/Corporate Margin Trading
Account via the Website or any other method designated by Beinmarkets. Persons who complete the process through the
domain www.Beinmarkets.com shall be considered Clients of the Beinmarkets ETP LLC.
“Client Terminal” shall mean the MetaTrader program (version 4 or 5), which is used by the Client in order to obtain information
of financial markets (which content is defined by Beinmarkets) in real time to make technical analysis of the markets, make
Transactions, place/modify/delete Orders, as well as to receive notices from Beinmarkets. The program can be downloaded on
the Website free of charge.
“Client Terminal Log File” shall mean the file, which is created by the Client Terminal in order to record all the Client’s
Requests and Instructions with accuracy to the second.
“Completed Transaction” shall mean two counter deals of the same size in different directions (opening a position and
closing the position): buying and then selling or selling and then buying.
“Contract Specifications” shall mean principal trading terms (Spread, Lot Size, Initial Margin, Hedged Margin etc.) for each
Instrument, displayed on the Website.
“Currency of the Trading Account” shall mean the currency that the Client chooses when opening the Trading Account.
“Currency Pair” shall mean the object of a Transaction based on the change in the value of one currency against the other.
“Client Information” shall mean any information or documentation that the Company receives from the Client or otherwise
obtain which relates to him, his Account or the provision or the use of the Services.
“Data Delivery Date” means each date agreed as such between the parties provided that, in the absence of such agreement,
the Data Delivery Date will be the Joint Business Day immediately prior to the PR Due Date.
“Data Reconciliation” means, in respect of a party receiving Portfolio Data, a comparison of the Portfolio Data provided by
the other party against such party’s own books and records of all outstanding Relevant Transactions between the parties in
order to identify promptly any misunderstandings of Key Terms.
“Dispute” shall mean either:
(a) the conflict situation when the Client reasonably believes that the Company as a result of any action or failure to act
breaches one or more provisions of this Agreement; or
(b) the conflict situation when Beinmarkets reasonably believes that the Client as a result of any action or failure to act
breaches one or more provisions of this Agreement; or
(c) the conflict situation when the Client makes a deal at an Error Quote (Spike), or before the first Quote comes to the
Trading Platform on the Market Opening, or at the Quote received by the Client because a Dealer made a Manifest
Error or because of a software failure of the Trading Platform.
“Dispute Date” means, with respect to a Dispute, the date on which a Dispute Notice is effectively delivered by one party to
the other party save that if, with respect to a Dispute, both parties deliver a Dispute Notice, the date on which the first in time
of such notices is effectively delivered will be the Dispute Date. Each Dispute Notice will be effectively delivered if delivered
in the manner agreed between the parties for the giving of notices in respect of this Agreement.
“Equity” shall mean: Balance + Floating Profit – Floating Loss.
“Error Quotes” are rates received which are transmitted to the Client’s Terminal due to a system of technical error.
“Error Quote (Spike)” shall mean an Error Quote with the following characteristics:
(a) a significant Price Gap; and
(b) in a short period of time, the price rebounds with a Price Gap; and
(c) before it appears, there have been no rapid price movements; and
(d) before and immediately after it appears, no important macroeconomic indicators and corporate reports are released;
and I a significant variance from market pricing Beinmarkets has the right to delete an Error Quote (Spike) from the
Server’s Quotes Base.
“Floating Profit/Loss” shall mean current profit/loss on Open Positions calculated at the current Quotes.
“Free Margin” shall mean funds on the Trading Account which may be used to open a position. It is calculated as Equity
Minus Necessary Margin.
“Hedged Margin” shall mean the margin required by Beinmarkets to sufficiently open and maintain Matched Positions. The
details for each Instrument are in the Contract Specifications.
“Illicit Profit” shall mean profit which has been generated as a result of an Event of Default and/or during Abnormal Market
Conditions.
“Indicative Quote” shall mean a Quote at which Beinmarkets has the right not to accept any Instructions or execute any Orders.
“Initial Margin” shall mean the margin required by Beinmarkets to open a position. The details for each Instrument are in the
Contract Specifications.
“Instruction” shall mean an instruction from the Client to Beinmarkets to open/close a position or to place/modify/delete an
Order.
“Instrument” shall mean any Currency Pair, Precious Metal, Stock CFD, Energy.
“Joint Business Day” means a day that is a Local Business Day in respect of each party.
“Key Terms” means, with respect to a Relevant Transaction and a party, the valuation of such Relevant Transaction and
such other details the relevant party deems relevant from time to time which may include the effective date, the scheduled
maturity date, any payment or settlement dates, the notional value of the contract and currency of the Relevant Transaction,
the underlying instrument, the position of the counterparties, the business day convention and any relevant fixed or floating
rates of the Relevant Transaction. For the avoidance of doubt, “Key Terms” does not include details of the calculations or
methodologies underlying any term.
“Leverage” shall mean 1:20, 1:25, 1:40, 1:50, 1:100, 1:200, 1:300, 1:400 ratio in respect of Transaction Size and Initial Margin.
1:100 ratio means that, in order to open a position, the Initial Margin is one hundred times less than Transaction Size.
“Local Business Day” shall mean a day on which commercial banks and foreign exchange markets settle payments and are
open for general business in Saint Vincent & the Grenadines.”
“Long Position” shall mean a buy position that appreciates in value if market prices increase. In respect of Currency Pairs:
buying the Base Currency against the Quote Currency
“Lot” shall mean a unit of Securities, Base Currency or troy oz. of Precious Metal in the Client Terminal.
“Lot Size” shall mean the number of shares, underlying assets or units of Base Currency, or troy oz. of Precious Metal in one
Lot defined in the Contract Specifications.
“Margin” shall mean the necessary guarantee funds to maintain Open Positions, as determined in the Contract Specifications
for each Instrument.
“Margin Level” shall mean the percentage Equity to Necessary Margin ratio. It is calculated as (Equity / Necessary Margin) * 100%.
“Margin Trading” shall mean Leverage trading when the Client may make Transactions having far less funds on the Trading
Account in comparison with the Transaction Size.
“Matched Positions” shall mean Long and Short Positions of the same Transaction Size opened on the Trading Account for
the same Instrument.
“Manifest Error” shall mean an error of a Dealer who opens/closes a position or executes an Order at the price which
significantly differs from the price for this Instrument in the Quotes Flow at the moment of taking this action, or any other
Dealer’s action in regard to the prices which are significantly different from the market prices.
“Client Portal” shall mean the Client’s official private and personal space and gateway to all the services offered by Beinmarkets
Including, but not limited to, any trading and/or non-trading activity.
“Necessary Margin” shall mean the margin required by Beinmarkets to maintain Open Positions. The details for each Instrument
are specified in the Contract Specifications.
“Normal Market Size” shall mean:
(a) for the Currency Pair: the maximum number of units of Base Currency that are executed by Beinmarkets in the Instant
Execution mode. This information for each Instrument is displayed in the Contract Specifications.
(b) for the Precious Metal: the maximum number of troy oz. which can be executed by Beinmarkets in the Instant Execution
mode.
“Normal Market Conditions” shall mean the market where there are no:
• considerable breaks in the Quotes Flow in the Trading Platform; and
• fast price movements; and
• large Price Gap.
“Open Position” shall mean a Long Position or a Short Position which is not a Completed Transaction.
“Order” shall mean an instruction from the Client to Beinmarkets to open or close a position when the price reaches the Order Level.
“Order Level” shall mean the price indicated in the Order.
“Precious Metal” shall mean spot gold or spot silver
“Price Gap” shall mean the following:
(a) the current Quote Bid is higher than the Ask of the previous Quote; or
(b) the current Quote Ask is lower than the Bid of the previous Quote.
“Professional Client” shall mean a “Professional Client” for the purposes of the Applicable Regulations as defined in
thevClient Categorisation document, attached in the schedules.
“Quote” shall mean the information of the current price for a specific Instrument, in the form of the Bid and Ask prices.
“Quote Currency” shall mean the second currency in the Currency Pair which can be bought or sold by the Client for the Base
Currency.
“Quotes Base” shall mean Quotes Flow information stored on the Server. For example, if the Client has a Long Position of
2.0 Lots and a Short Position of 3.0 Lots in the same Instrument, then the Long Position and 2.0 Lots of the Short Position are
considered as Matched Positions and 1.0 Lot of the Short Position is not a Matched Position.
“Quotes Flow” shall mean the stream of Quotes in the Trading Platform for each Instrument.
“Pending Order” shall mean an instruction from the Customer to the Company to open a position once the price has reached
the level of the Order.
“Portfolio Data” means, in respect of a party providing or required to provide such data, the Key Terms in relation to all
outstanding Relevant Transactions between the parties in a form and standard that is capable of being reconciled, with a
scope and level of detail that would be reasonable to the Portfolio Data Sending Entity if it were the receiving party. Unless
otherwise agreed between the parties, the information comprising the Portfolio Data to be provided by a party on a Data
Delivery Date will be prepared as at the close of business on the immediately preceding Local Business Day of, and as
specified in writing by, the party providing the Portfolio Data.“
“PR Due Date” means each date agreed as such between the parties provided that the PR Due Date will be the PR Fallback
Date where either (a) no date is agreed or (b) the agreed date occurs after the PR Fallback Date.
“PR Fallback Date” means:
(a) in respect of the PR Period starting on the PR Requirement Start Date, the last Joint Business Day in such PR Period;
and, otherwise,
(b) the last Joint Business Day in the PR Period starting on the calendar day immediately following the last calendar day
of the immediately preceding PR Period. If there is no Joint Business Day in a PR Period, the PR Due Date will be the
first Joint Business Day following the end of the PR Period.
“PR Period” means, with respect to the parties:
(a) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur each business day, one Joint Business
Day;
(b) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur once per week, one calendar week;
(c) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur once per quarter, three calendar
months; or
(d) if the Portfolio Reconciliation Requirements require Data Reconciliation to occur once per year, one calendar year
“PR Requirement Start Date” means the first calendar day on which the Portfolio Reconciliation Requirements apply to one
or both parties.
“Principal” Beinmarkets acts as Principal when it is the sole execution venue with respect to the execution of Client orders;
“Principal” may refer to “Risk-Less” Principal.
“Rate” shall mean the following:
(a) for the Currency Pair: the value of the Base Currency in the terms of the Quote Currency; or
(b) for the Precious Metal: the price of one troy oz. of the Precious Metal against the US dollar or any other currency
specified in the Contract Specifications for this instrument;
“Relevant Amount(s)” shall mean any free Equity in the Client’s Trading Account not used for margin purposes.
“Request”
shall mean a request from the Client to the Company for obtaining a Quote. Such a Request shall not constitute an obligation
to make a Transaction.
“Risk Acknowledgement and Disclosure” shall mean the Risk Acknowledgement and Disclosure attached at the schedule
to this Agreement.
“Risk-Less Principal” Beinmarkets acts as Risk-Less Principal when it receives a Client order for execution and immediately
executes an identical order in the market, while taking on the role of Principal in order to fill the Client’s order.
“Beinmarkets” shall mean Beinmarkets ETP LLC duly incorporated in Saint Vincent & the Grenadines and authorized by the Financial
Services Authority in Saint Vincent & the Grenadines.
“Segregated Account” shall mean a client bank account as defined by and held in accordance with the Applicable Regulations.
“Server” shall mean the MetaTrader Server program, version 4 and/or 5. The program is used to execute the Client’s Instructions
or Requests, to provide trading information in real-time mode (the content is defined by Beinmarkets), in consideration of the
mutual liabilities between the Client and the Company.
“Server Log File” shall mean the file created by the Server, which records accurately, to the second, all Requests and
Instructions sent by the Client to Beinmarkets as well as the results of the execution.
“Services” mean the services provided by Beinmarkets to the Client as set out in clause 8.
“Short Position” shall mean a sell position that appreciates in value if market prices fall. In respect of Currency Pairs: selling
the Base Currency against the Quote Currency.
“Spread” shall mean the difference between Ask and Bid.
“Third-Party Service Provider” refers to an entity that the parties agree will perform all or part of the actions under the
relevant provision for both parties.
“Trading Account” shall mean the unique personified registration system of all Completed Transactions, Open Positions,
Orders and deposit/withdrawal transactions in the Client Terminal.
“Trading Account History” shall mean any of and/or all Client’s trading and/or non-trading activity including, but not limited
to, deposits, withdrawals, credits and/or any other services offered by Beinmarkets within a Client’s account(s), whether these
derive from and/or on MetaTrader 4/5 Platforms and as these may be, from time to time, in part of or all be transferred and/
or further archived and/or shrunk and/or compressed, however fully accessible at any time by the Client from and/or on his/
her Client Portal, private and personal space.
“Transaction” shall mean any contract or transaction entered into or executed by the Client or on behalf of the Client.
“Transaction Size” shall mean Lot Size multiplied by number of Lots.
“Website” shall mean the website(s) operated by Beinmarkets, including without limitation the websites at
https://www.Beinmarkets.com/sg/ and www.Beinmarkets.com or any such other website or sub-domain as Beinmarkets may maintain
from time to time for access by Clients
II. All references to a statutory provision include references to:
(a) any statutory modification, consolidation or re-enactment of it, whether before or after the date of this Agreement,
for the time being in force;
(b) all statutory instruments or orders made pursuant to it; and
(c) any statutory provision of which that statutory provision is a re-enactment or modification.
III. Words denoting the singular include the plural and vice versa; words denoting any gender include all genders; and
words denoting persons include corporations, partnerships, other unincorporated bodies and all other legal entities and
vice versa.
IV. Unless otherwise stated, a reference to a clause, party or a schedule is a reference to, respectively, a clause in or a
party or schedule to this Agreement
V. The clause headings are inserted for ease of reference only and do not affect the construction of this Agreement.
DEFINITIONS
Agent – The Company transmits the Client’s orders to Liquidity Providers for further execution. Buy Limit Order – An order to
open a Long Position at a price lower than the current market price. CFD – Contracts for Difference.
Limit Order – An order to open a position at a specific price or a better one.
Market Execution – The order is executed depending on the depth of the market. Under Market Execution, there are no
requotes and the order is executed at the best available price in the market.
Market Order – An order for a trade to be executed at the current market price.
No-Dealing Desk Execution – Clients’ orders are sent directly to the interbank market, without a dealing desk involved in the
transaction.
Pending Order – An instruction from the Client to the Company to open a position once the price has reached the level of the
Order.
Price Gap on the Market Opening shall mean the following:
(a) the first Bid of the current trading session is higher than the last Ask of the previous session;
(b) the first Ask of the current trading session is lower than the last Bid of the previous session; or
(c) abnormal Spread – during market opening/closing, the spread can be significantly increased during the first and last
trading hour due to very thin liquidity.
Principal – The Company acts as the sole execution venue with respect to the execution of Client orders.
Riskless Principal – The Company receives a Client’s order for execution and immediately executes an identical order in the
market, while taking on the role of principal, in order to fill the Client’s order.
Scalping – A trading strategy based on the notion that you buy then sell (or vice versa) a currency within a very short time
frame.
Slippage – This is when an order is executed at a price which is different from the expected price. This usually happens during
periods of high volatility. There are two kinds of slippage, positive and negative. Positive slippage occurs when the order
is executed at a better price than the one requested; a negative slippage is the exact opposite. Slippage may occur in any
combination of account types, order types, execution methods. Please be informed that in case a slippage is experienced in
the market, the orders will be executed at the next available price.
Stop Order – A market order placed to close a previously-opened position at a certain price in order to limit potential losses.
Stop Out Order – An instruction to close the Client’s open position without the consent of the Client or any prior notice, in case
of insufficient funds required for maintaining open positions.
Take Profit Order – A market order placed to close a previously-opened position at a certain price in order to lock down on
profits.
INSTRUMENTS
The Company offers and executes a wide range of financial instruments in FX, Equities, Cryptocurrencies and Commodity
CFDs including Energies and Metals. However, certain financial instruments may not be available to the client, depending on
their country of residence.
ORDER TYPE DEFINITIONS
There are different types of orders as follows:
(a) Buy Stop: this is an order to buy at a specified price (‘the stop price’) that is higher than the current market price.
(b) Sell Stop: this is an order to sell at a specified price (‘the stop price’) that is lower than the current market price.
(c) Buy Limit: this is an order to buy at a specified price (‘the limit price’) that is lower than the current market price.
(d) Sell Limit: this is an order to sell at a specified price (‘the limit price’) that is higher than the current market price.
(e) Stop Loss: this is an order that is attached to an already-open position to close at a specified price (‘the stop loss
price’). A ‘stop loss’ is used to minimize losses.
(f) Take Profit: this is an order that is attached to an already-open position to close at a specified price (‘the take profit
price’). A ‘take profit’ is used to secure profits.
ORDER EXECUTION ELEMENTS
Prices: The Company generates its own tradable prices based on price feeds from some of the world’s leading liquidity
providers and independent price providers. The main way in which the Company will ensure that the Customer receives
the best execution will be to ensure that the calculation of the ‘bid’ and ‘ask’ spread is made with reference to a range of
underlying price providers and data sources. The Company reviews its independent price providers at least once a week to
ensure that correct and competitive pricing is offered.
Slippage: at the time that an order is presented for execution, the specific price requested by the Customer may not be
available; therefore, the order will be executed at the next best available price. If the execution price is better than the price
requested by the Customer, that is referred to as a ‘positive slippage’. In contrast, if the execution price is worse than the
price requested by the Customer, this is referred to as a ‘negative slippage’. Please be advised that ‘slippage’ is a normal
market practice and a regular feature of the foreign exchange markets under conditions including, but not limited to, liquidity
and volatility due to news announcements, economic events and market openings. The Company’s automated execution
software does not operate based on any individual parameters related to the execution of orders through any specific
Customer accounts.
Partial Fills: this is the practice of executing an order in parts if there is not enough liquidity in the market to fill in the full order
at a specific price. Partial fills may be executed at different prices.
Commission: the Client shall be charged commission when trading some types of financial instruments.
BEST EXECUTION FACTORS
The Company acts either as principal, or riskless principal, and not as agent when executing Client orders.
The Company shall take all sufficient steps to obtain the best possible results for its Clients, taking into account the following
factors when executing Clients orders:
(a) Price: For any given CFD, the Company will quote two prices: the higher price (ASK) at which the Client can buy (go
long) that CFD, and the lower price (BID) at which the Client can sell (go short) that CFD; collectively they are referred
to as the Company’s price. The difference between the lower and the higher price of a given CFD is the spread.
Order such as Buy Limit, Buy Stop, Stop Loss and Take Profit for opened short positions are executed at ASK price.
Order such as Sell Limit, Sell Stop, Stop Loss and Take Profit for opened long positions are executed at BID price. The
Company’s price for a given CFD is calculated by reference to the price of the relevant underlying asset, which the
Company obtains from third party external reference sources. The Company’s prices can be found on the Company’s
website. The Company updates its prices as frequently as the limitations of technology and communications links
allow. The Company reviews its third party external reference sources at least once a day (constantly during trading
sessions, more than once a day), to ensure that the data obtained remain competitive. The Company will not quote
any price outside the Company’s operations time (see execution venue below); therefore, no orders can be placed
by the Client during that time. If the price reaches an order such as: Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell
Limit, Sell Stop; these orders will be closed. But, under certain trading conditions, it may be impossible to execute
orders (Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop) at the Client’s declared price. In this case, the
Company has the right to execute the order at the first available price. This may occur, for example, at times of rapid
price movement if the price rises or falls in one trading session, to such an extent, that under the rules of the relevant
exchange trading is suspended or restricted. This may also occur at the opening of a trading session.
The minimum level for placing Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit and Sell Stop orders, for a given
CFD, is specified under Contract Specifications on the main Website of the Company.
(b) Costs: For opening a position in some types of CFDs, the Client may be required to pay commission or financing fees,
the amount of which is disclosed on the Company Website; commissions may be charged either in the form of a
percentage of the overall value of the trade or as a fixed amount. The value of opened positions in some types of CFDs
is increased or reduced by a daily swap rate throughout the life of the contract. Swap rates are based on prevailing
market interest rates, which may vary over time. For all types of CFDs that the Company offers, the commission and
financing fees are not incorporated into the Company’s quoted price and are, instead, charged explicitly to the Client
account.
(c) Speed of Execution: The Company places a significant importance when executing a Client’s orders and strives to
offer high speed of execution, within the limitations of technology and communications links, at all times. Speed of
Execution can be affected by factors which may include poor internet connection, or any other link to the Company’s
servers and platforms which may affect execution of the Client’s orders.
(d) Likelihood of Execution: the Company acts as principal, whereby it will be the Execution Venue for the execution of
the Client’s orders for the financial instrument of CFDs. The Client may give instructions by telephone to modify or
close a position. The client is responsible for the security of his Access Data. If the Client undertakes transactions
on an electronic system (Client Terminal), he will be exposed to risks associated with the system including failure of
hardware and software (Internet / Servers). Any system failure may result in the failure of the order being executed
according to his instructions or being executed at all. The Company does not accept any liability in the case of such
a failure.
(e) Likelihood of settlement: The Company shall proceed to a settlement of all transactions upon execution of such
transactions. The Company strives to provide its Clients with the fastest execution at the best available prices.
Nonetheless, the volatility in the market may affect the price, speed and volume. Therefore, trading during volatile
conditions when important news and data releases are occurring is incredibly risky and, therefore, the best execution
criteria might not apply. Therefore, the execution pricing will always be provided at the first available price.
(f) Size of Order: The actual minimum size of an order is different for each type of account. A lot is a unit measuring the
transaction amount and it is different for each type of CFD.
(g) Nature of Orders: The particular category of an order can affect the execution of the Client’s order. The following
types of orders can be placed:
Market Order: An order for a trade to be executed at the best available price. Limit Order: An order to open a position at a
specific price or a better one.
Stop Order: A market order placed to close a previously-opened position at a certain price in order to limit potential losses.
(h) Market Impact: Some factors may rapidly affect the price of the underlying instruments, from which the Company’s
quoted price is derived, and may also affect the rest of the factors herein. The Company will take all reasonable steps
to obtain the best possible result for its Clients. The Company does not consider the above list exhaustive and the
order in which the above factors are presented shall not be taken as priority factor. Nevertheless, whenever there is
a specific instruction from the Client, the Company shall make sure that the Client’s order shall be executed following
its specific instruction .
EXECUTION VENUES
6.1. Execution Venues are the entities with which the orders are placed. For the purposes of orders for the financial instrument
of CFDs, the Company acts as principal (therefore, the Company is the sole Execution Venue for the execution of the Client’s
orders).
6.2. The Client acknowledges that the transactions entered in CFDs with the Company are not undertaken on a recognized
exchange, rather they are undertaken over-the-counter (OTC). As such, they may expose the Client to greater risks than
regulated exchange transactions.
6.3. The Company takes into consideration multiple factors when selecting liquidity providers such as the likelihood of
execution, operations quality, market position, costs to the Company, swap costs, authorization/regulation and pricing.
Regarding its price feeders, these are reputable providers.
BEST EXECUTION CRITERIA
The Company will determine the relative importance of the above Best Execution Factors by using its commercial judgment
and experience, in the light of the information available, in the market, while taking into account:
(a) The characteristics of the Client order.
(b) The characteristics of financial instruments that are the subject of that order.
(c) The characteristics of the execution venue to which that order is directed.
The Company assigns the following importance levels for the above Best Execution Factors:
Warning: Please note that when you provide specific instructions on executing an order, this may prevent the firm from
taking the steps that are designed and implemented, according this policy, to obtain the best possible result for the execution
of these orders in respect of the elements covered by those instructions.
BEST EXECUTION CRITERIA
The Company shall satisfy the following conditions when carrying out Client orders:
(a) ensures that orders executed on behalf of Clients are promptly and accurately recorded and allocated;
(b) carries out, otherwise comparable, Client orders sequentially and promptly unless the characteristics of the order or
prevailing market conditions make it impracticable, or the interests of the Client require otherwise;
(c) informs Client about any material difficulty relevant to the proper carrying out of orders promptly upon becoming
aware of the difficulty.
NEGATIVE BALANCE PROTECTION
The Company offers negative balance protection for clients; this means that client’s losses cannot exceed the client’s amount
invested.
RECORD KEEPING
The Company keeps records of all steps followed to achieve compliance with the above-mentioned obligations in order to
evidence the continuous monitoring of best execution and demonstrate compliance with the relevant obligations to any
Competent Authority.
DEMONSTRATION
The Company should be able to demonstrate to clients, upon request, that their orders have been executed in accordance
with this Policy.
MONITORING
The Company assesses, on a regular basis, particular transactions in order to determine whether it has complied with its
execution policy and/or arrangements, and whether the resulting transaction has delivered the best possible result for the
client. The Policy should be reviewed by the relevant departments at least on an annual basis and whenever a “material
change” occurs.
Monitoring may include comparing similar transactions:
i. on the same execution venue or with the same entity, in order to test whether a firm’s Judgment about how orders are
executed is correct, or
ii. on different execution venues or entities chosen from among those in the firm’s (execution) policy, in order to test
whether the ‘best’ execution venue or entity is being chosen for a given type of transaction.
Where monitoring reveals that a firm has fallen short of obtaining the best possible result, the firm should consider whether
this is because the firm has failed to follow its (execution) policy and/or arrangements or because of a deficiency in such
policy and/or arrangements and make appropriate amendments.
AMENDMENT OF THE POLICY AND ADDITIONAL INFORMATION
The Company reserves the right to review and/or amend its Policy and arrangements whenever it deems this appropriate
and/or at least annually. The Company shall inform its Clients as regards the amended version of its policy through an email.
All prospective Clients should read carefully the following risk warnings. However, it is noted that this acknowledgement
cannot and does not disclose or explain all of the risks and other significant aspects involved in dealing with Financial
Instruments (including derivative financial instruments such as CFDs). The notice was designed to explain, in general terms,
the nature of the risks involved when dealing with Financial Instruments on a fair and non- misleading basis.
The Client should not engage in any investment, directly or indirectly, involving Financial Instruments unless he knows and
understands the risks involved for each of the Financial Instruments. The Company will not provide the Client with any
investment advice relating to investments or possible transactions in investments or in Financial Instruments.
Technical risk
• The Client shall be responsible for the risks of financial losses caused by the failure of information, communication,
electronic and other systems. Any system failure may result in the failure of the order being executed according to
his instructions or being executed at all. The Company does not accept any liability in the case of such a failure.
• While trading via the Client Terminal/platforms , the Client shall be responsible for the risks of financial losses caused by:
(a) Client’s or Company’s hardware or software failure, malfunction or misuse;
(b) poor Internet connection either on the side of the Client or the Company or both, or interruptions, transmission
blackouts, public electricity network failures, hacker attacks or overload of connection;
(c) the wrong settings in the Client Terminal;
(d) delayed Client Terminal updates;
(e) the Client disregarding the applicable rules described in the Client Terminal user guide and the Company’s
Website.
The Client acknowledges that, at times of excessive deal flow, the Client may have some difficulties connecting with a Dealer
over the telephone, especially in a Volatile Market (for example, when key macroeconomic indicators are released).
Abnormal market conditions
• The Client acknowledges that, under Abnormal Market Conditions, Instructions and Requests for execution may be
extended.
Client Terminal
• The Client acknowledges that only one Request or Instruction is allowed to be in the queue at a time. Once the Client
has sent a Request or an Instruction, any further Requests or Instructions sent by the Client will be ignored and the
“Order is locked” status will appear until the first Request or Instruction is executed.
• The Client acknowledges that the only reliable source of Quotes Flow information is that of the real/live Server’s
Quotes Base. The Quotes Base in the Client Terminal is not a reliable source of Quotes Flow information because
the connection between the Client Terminal and the Server may be disrupted at some point and some of the Quotes
simply may not reach the Client Terminal.
The Client acknowledges that when the Client closes the order placing/modifying/deleting window or the position
opening/closing window, the Instruction or Request, which has been sent to the Server, shall not be cancelled.
• In case the Client has not received the result of the execution of a previously-sent Instruction but decides to repeat
the Instruction, the Client shall accept the risk of making two Transactions instead of one.
• The Client acknowledges that if the Pending Order has already been executed but the Client sends the Instruction to
modify its level and the levels of If-Done Orders at the same time, the only Instruction, which will be executed, is the
Instruction to modify Stop Loss and/or Take Profit levels on the position opened when the Pending Order triggered.
Communication
• The Client shall accept the risk of any financial losses caused by the fact that the Client has received with delay, or
has not received at all, any notice from the Company.
• The Client acknowledges that the unencrypted information transmitted by email is not protected from any
unauthorized access.
• The Client is fully responsible for the risks in respect of undelivered Client Terminal internal mail messages sent by
the Company to the Client for they are automatically deleted within three (3) calendar days.
• The Client is wholly responsible for the privacy of the information received from the Company and accepts the risk
of any financial losses caused by the unauthorized access of a third party to the Client’s Trading Account.
• The Company assumes no responsibility if authorized third persons have access to information, including electronic
addresses, electronic communication and personal data, or access data that are transmitted between the Company
or any other party using the internet or other network communication facilities, telephone or any other electronic
means. Force Majeure Event
• In case of a Force Majeure Event the Client shall accept the risk of financial losses.
RISK WARNING NOTICE FOR FOREIGN EXCHANGE AND DERIVATIVE PRODUCTS
This notice cannot disclose all the risks and other significant aspects of foreign exchange and derivative products such as
Contracts for Differences. You should not deal in such products unless you understand their nature and the extent of your
exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial
position. Certain strategies, such as a “spread” position or a “straddle”, may be as risky as a simple Long or Short position.
Although Forex and derivative instruments can be utilized for the management of investment risk, some of these products are
unsuitable for many investors. You should not engage in any dealings, directly or indirectly, with derivative products unless
you know and understand the risks involved in them and that you may lose your money entirely or incur further damages.
Different instruments involve different levels of exposure to risk; while deciding whether to trade with such instruments, you
should be aware of the following points:
Effect of leverage
The effect of leverage makes investing in CFDs riskier than investing directly in the underlying asset. This is a result of the
margining system applicable to CFDs, which generally involves a small deposit relative to the size of the transaction, so that
a relatively small price movement in the underlying asset can have a disproportional impact on a Client’s trade. A small price
movement in the Client’s favor can provide a high return on the deposit, however, a small price movement against the Client
may quickly result in significant losses.
Under Margin Trading conditions, even small market movements shall have great impact on the Client’s Trading Account. It is
important to note that all accounts trade under the effect of Leverage. The Client must be aware of the fact that if the market
moves against the Client, the Client may sustain a total loss of the deposited funds. The Client is responsible for all the risks,
financial resources the Client uses and for the chosen trading strategy.
The Client shall be responsible for all financial losses caused by the opening of a position using temporary excess Free Margin
on the Trading Account gained as a result of a profitable position (cancelled by the Company afterwards) opened at an Error
Quote (Spike) or at a Quote received as a result of a Manifest Error.
High volatile instruments
Some Instruments trade within wide intraday ranges with volatile price movements. Therefore, the Client must carefully
consider that there is a high risk of losses as well as profits. The price of Derivative financial instruments is derived from the
price of the underlying asset, of which the instruments refer to (for example: currency, stock, metals, indices etc.). Derivative
financial instruments and related markets can be highly volatile. The prices of instruments and the underlying asset may
fluctuate rapidly and within wide ranges and may reflect unforeseeable events or changes in conditions, none of which can
be controlled by the Client or the Company. Under certain market conditions, it may be impossible for a Client’s order to be
executed at a declared price, leading to losses. The prices of instruments and the underlying asset will be influenced by,
among other things, changing supply and demand relationships, governmental, agricultural, commercial and trade programs
and policies, national and international political and economic events and the prevailing psychological characteristics of the
relevant market. Therefore, Stop Loss Orders cannot guarantee the limit of loss.
The Client acknowledges and accepts that, regardless of any information which may be offered by the Company, the value
of Instruments may fluctuate downwards or upwards and it is even probable that the investment may become of no value.
This is owed to the margining system applicable to such trades, which generally involves a comparatively modest deposit
or margin in terms of the overall contract value, so that a relatively-small movement of the underlying market can have a
disproportionately-dramatic effect on the Client’s trade. If the underlying market movement is in the Client’s favor, the Client
may achieve a good profit, but an equally-small adverse market movement can not only result in the loss of the Clients’ entire
deposit quickly.
Liquidity
Some of the underlying assets may not become immediately liquid as a result of reduced demand for the underlying asset
and the Client may not be able to obtain the information on the value of such underlying assets or the extent of the associated
risks.
Contracts for Differences
The CFDs available for trading with the Company are non-deliverable spot transactions that give an opportunity to make
profit on changes in the price of the underlying asset, such as currencies, commodities, stock market indices or shares. If
the underlying asset’s movement is in the Client’s favor, the Client may achieve a good profit, but an equally small adverse
market movement can not only result in the loss of the Clients’ entire deposit quickly but also expose the Client to any
additional commission and other expenses incurred. So, the Client must not enter into CFDs unless he is willing to undertake
the risks of losing all the money he has invested and any additional commissions and other expenses incurred.
Transactions in Contracts for Differences may also have a contingent liability and you should be aware of its implications, as
set out below.
Off-exchange transactions in derivatives
CFDs, are off-exchange transactions. While some off-exchange markets are highly liquid, transactions in off-exchange
or non-transferable derivatives may involve greater risk than investing in on-exchange derivatives because there is no
exchange market on which to close out an Open Position. It may be impossible to liquidate an existing position, assess the
value of the position arising from an off-exchange transaction or assess the exposure to risk. Bid prices and Ask prices need
not be quoted, and, even where they are, they will be established by dealers in these instruments; consequently, it may be
difficult to establish what is a fair price. In regard to transactions in CFDs with the Company, the Company is using a Trading
Platform for transactions in CFDs, which does not fall into the category of a recognized exchange due to the fact that it is not
a Multilateral Trading Facility, thus depriving it of the same protection as such.
Foreign markets
Foreign markets will involve different risks In some cases, the risks will be greater. On request, the Company must provide
an explanation of the relevant risks and protections (if any) which will operate in any foreign markets, including the extent
to which it will accept liability for any default of a foreign firm through whom it deals. The potential for profit or loss from
transactions on foreign markets or in foreign-denominated contracts will be affected by fluctuations in foreign exchange
rates.
Contingent liability investment transactions
Contingent liability investment transactions, which are margined, require you to make a series of payments against the
purchase price instead of paying the whole purchase price immediately. The Margin requirement will depend on the underlying
asset of the instrument. Margin requirements can be fixed or calculated from the current price of the underlying asset.
If you trade in Contracts for Differences, you may sustain a total loss of the funds you have deposited to open and maintain
a position. If the market moves against you, you may be called upon to pay substantial additional funds at short notice to
maintain the position. If you fail to do so within the time required, your position may be liquidated at a loss and you will be
responsible for the resulting deficit. It is noted that the Company will not have a duty to notify the Client for any Margin Call
to sustain a loss-making position.
Even if a transaction is not margined, it may still carry an obligation to make further payments in certain circumstances over
and above any amount paid when you entered the contract.
Contingent liability investment transactions, which are not traded on or under the rules of a recognized or designated
investment exchange, may expose you to substantially greater risks.
Commissions and taxes
Before you begin to trade, you should make yourself aware of all the commissions and other charges of which you will be
liable. If any charges are not expressed in monetary terms (but, for example, as a percentage of contract value), you should
understand what such charges are likely to amount to.
There is a risk that the Client’s trades in any Financial Instruments, including derivative instruments, may be or become
subject to tax and/or any other duty; for example, because of changes in legislation or his personal circumstances. The
Company does not warrant that no tax and/or any other stamp duty will be payable. The Client is responsible for any taxes
and/or any other duty which may accrue in respect of his trades.
Suspensions of trading
Under certain trading conditions, it may be difficult or impossible to liquidate a position. This may occur, for example, at
times of rapid price movement or if the price rises or falls in one trading session to such an extent that, under the rules of the
relevant exchange, trading is suspended or restricted. Placing a Stop Loss Order will not necessarily limit your losses to the
intended amounts because market conditions may make it impossible to execute such an Order at the stipulated price. In
addition, under certain market conditions, the execution of a Stop Loss Order may be worse than its stipulated price and the
realized losses can be larger than expected.
Insolvency
The Company’s insolvency, or default, may lead to positions being liquidated or closed out without your consent. In certain
circumstances, you may not get back the actual assets you have lodged as collateral and you may have to accept any
available payments in cash.
Segregated Funds will be subject to the protections conferred by Applicable Regulations.
Non-Segregated Funds will not be subject to the protections conferred by Applicable Regulations. Non-Segregated Funds
will not be segregated from the Company’s funds and will be used in the course of the Company’s business; in the event of
the Company’s insolvency, you will be ranked as a general creditor.
Gapping
Gapping is a risk that arises as a result of market volatility. Gapping occurs when the prices of CFDs suddenly shift from one
level to another, without passing through the level in between. There may not always be an opportunity for the Client to place
an order between the two price levels.
Stop Loss Orders cannot always protect you from losses.
The Company offers you the opportunity to choose Stop Loss Orders to limit the potential losses you can incur from an open
position. This option automatically closes your position when it reaches a certain price limit. There are some circumstances in
which a ‘stop loss’ limit is ineffective, e.g., where there are rapid price movements or market closure.
Risk of Margin Call and Liquidation (close-out)
To keep CFD positions open, the Client needs to have enough funds in his account to cover his margin obligations. When
the Client’s margin obligations are no longer covered, the Client must immediately deposit additional cleared funds or close
positions so that the funds in his account cover the margin. Margin shortages can arise quickly as market values change.
Unless the Client has sufficient funds in his account to cover these situations, there is a risk of having to close positions when
the Client may prefer not to. The value of the Client’s account must always remain above the liquidation, or close out, level. If it
falls below this level, the Client’s CFD trades are at risk of being liquidated. To prevent liquidation of the Client’s CFD positions,
the Client must make sure he has deposited enough funds to keep his account value above the liquidation level. If the Client’s
trade does not go as he expects, the Client may be required to deposit additional funds in order to hold his position.
Risk of loss of invested funds.
It is possible for adverse market movements to result in the loss of your account balance in full or even more. In case you lose
more that your current account balance, we will bear the negative consequences of such adverse events and your losses will
be limited to your then current account balance.
Past performance
Past performance of any investment is not necessarily a guide to future performance.
Operational risk
Is the risk of business operations failing due to human error. Operational risk will change from industry to industry and is an
important consideration to make when looking at potential investment decisions. Industries with lower human interaction are
likely to have lower operational risk
Country risk
Is the risk that an investment’s returns could suffer as a result of political changes or instability in a country. Instability
affecting investment returns could stem from a change in government, legislative bodies, other foreign policy makers, or
military control.
Interest rate risk
Is the risk that an investment’s value may change due to a change in the absolute level of interest rates, in the spread
between two rates, in the shape of the yield curve, or in any other interest rate relationship.
RISK WARNING NOTICE FOR CFDS ON CRYPTOCURRENCIES
The CFDs on Cryptocurrency services are not suitable for all investors. The CFDs on Cryptocurrency services are highly complex
and as such Customers must always make sure that are fully aware and understand the specific characteristics and risks regarding
the said CFDs on Cryptocurrency services and have extensive knowledge and/or expertise of the CFDs on Cryptocurrency
services and of the underlying assets of the financial instruments offered by the CFDs on Cryptocurrency services.
Trading on financial instruments offered by the CFDs on Cryptocurrency services carries a high risk of losing all your invested
capital in your trading account and/or in a specific trade. Trading prices of the financial instruments and underlying assets
offered by the CFDs on Cryptocurrency services carry high volatility and thereby can widely fluctuate or become temporarily
or permanently unavailable, therefore clients should trade carefully and only with funds that they can afford to lose.
The nature of Cryptocurrencies may lead to an increased risk of fraud or cyber-attack and may mean that technological
difficulties experienced by the Company may prevent the access to or use of the CFDs on Cryptocurrency services.
The financial instruments offered by the CFDs on Cryptocurrency services have specific distinct risks from financial
instruments offered by the Company with underlying assets, currencies or commodities. Unlike most currencies, which are
backed by governments or other legal entities, or by commodities such as gold or silver, Cryptocurrencies are backed by
technology and trust. There is no central bank that can take corrective measure to protect the value of Cryptocurrencies in a
crisis or issue more currency.
CFDs on virtual currencies are complex and high-risk products and as such, you could lose your
entire invested capital.
CFDs on virtual currencies can widely fluctuate and may result in significant loss over a short period of time. You should not
trade in CFDs on virtual currencies in case you do not have the necessary knowledge and expertise in these products or if
you cannot bear the loss of the entire invested amount.
By accepting this Risk Disclosure Statement, you acknowledge and confirm that you understand the characteristics of CFDs
on Virtual currencies, as presented in the Key Investor Information Document as well as the aforesaid described risks related
with CFDs on Virtual currencies.
CLIENT CONSENT
By entering into the ‘Customer Agreement’, the Customer provides the consent where the Customer is informed that any
orders placed with the Company for the Financial Instruments offered by the Company, the Company acts as the principal
and the Company is the sole Execution Venue, which is a non-regulated market.
By entering into a Client Agreement with the Company for the provision of Investment Services, the Client is consenting to an
application of this Policy on himself.
By clicking the box, I hereby unconditionally accept to abide by the aforementioned terms and conditions stated herein
and attest having read and understand them.
