Common use of CLIENT’S ACCOUNT Clause in Contracts

CLIENT’S ACCOUNT. 9.1. In order to open an Account, you will be required to execute this Agreement which includes the relevant Application Information, Customer Declaration, and the Addendum of Risk Disclosure and provide Identification documents as specified in the Application. The Company is under no obligation to open an Account with any Individual or Entity, even if all information has been provided. Failure to provide the required documents will prevent you from opening an Account with the Company. 9.2. At the end of the Application Form, the following colored and clearly visible documents must be uploaded: Identification document (Passport or ID card) with photograph, signature, personal details, issue and expiry dates, place and date of issue, and serial number; and Proof of Address, (i.e. Utility Bill, Current Local Authority Tax bill), dated within the last 6 months. 9.3. The Company will open the Account only after you have executed this Agreement and deposited an initial sum of money in the Account set by the Company and which may vary from time to time at the Company’s sole discretion. 9.5. The Company is not obliged to open an account for any applicant and may refuse any application for any reason and with no obligation to disclose such reason or provide any kind of explanations. 9.6. The Company reserves the right to close or suspend any opened account at any time. If the Company exercise this right, all open Transactions will be closed immediately at company’s current quoted price and no new Transactions will be accepted. Any Transaction that the client may have in markets not quoted (i.e. those that have closed for the day) will be closed at the first price reasonably available to the Company on the next business day or, in the case of a market suspended for any reason, closed under the terms of this Agreement. 9.7. Upon client’s Execution of this Agreement and payment of the Initial Deposit, the Company or any representative on its behalf will assist in opening the Account. The Account and other relevant data entered will be based on the information supplied to the Company by the client. 9.8. The client must ensure and verify that the information provided to the Company is complete and accurate. It is emphasized that providing erroneous information might be considered a violation of the Law and will result in the immediate freezing of the Account or its cancellation. 9.9. Once the Account is opened, the client will be provided with a personal ID code, username 9.10. The Access Codes of the account are extremely sensitive pieces of information. Any Transaction made on client’s account using Access Codes, either username, account number or password will be deemed as an instruction authorized by the Client, as a valid Transaction and binding on the Client. 9.11. The Client shall immediately inform the Company if becomes aware or suspect that a third party has had access to Access Codes or that any person other than the Client (or client’s Authorized Third Party) is dealing on client’s account. The Company doesn’t have the obligation, and is not able to, monitor any unauthored use of the Access Codes for clients account, therefore the Access Codes are the responsibility of the client solely. a. enforce any relevant Transaction against the Client if it is a Transaction under which the client have incurred a loss; or b. treat any relevant Transaction as void if it is a Transaction under which the client have secured a profit (and retain any such profit for client’s own account, subject to Applicable Law), unless and until the client produce conclusive evidence within 3 months of the Transaction being closed that such circumstances do not exist. 9.12. The Company may, at its sole discretion, impose volume or other limits on Client Accounts. Contract payouts shall be determined by the Company by reference to the daily values reported on this website relevant to the inter-bank trading data received by the Company for all options, subject to the provisions that the Company shall have the right to make corrections to such data in the event if mispriced or typographically incorrect data. 9.13. The Company reserves the right to limit Client’s use of any Platform and apply pre- execution trading controls as may be appropriate to preserve compliance with Applicable Law or any other trading limits which may be notified to the Client, or if the Company reasonably believes that the Client is or may be subject to a Default Event. In the absence of willful misconduct or fraud by the Company, the Company will not be liable for any loss, claim, demand or expense incurred by the Client in connection with exercising these rights by the Company. 9.14. It is the Client’s (or his employer’s) responsibility to inform the Company as to whether information concerning Client’s Transactions should be reported to such employer, including its compliance officer, and as to whether Confirmations and statements of the account should be sent to that compliance officer or to any other person authorized by such employer to receive such information. The Company will obtain clients 9.15. The Clients which open a Joint Account shall be jointly and severally liable for all losses, fees and charges arising on that Joint Account. This means that any monies owed on the Joint Account shall be payable in full by any one of the Joint Account holders and the Company will not be required to collect from any specific holder. Also, unless expressly agreed otherwise in writing, the Company may take instructions to trade from and/or pay any portion of the account balance to any holder of the Joint Account without prior notice to the other holder and the Company may give any notices or communications to either one or another holder of the Joint Account. Upon the death of a holder of the Joint Account the Company may provide notices to and take instructions from their survivor(s). 9.16. If the Client deposits money to the account or make Transactions in a currency other than client’s Base Currency, then: (i) if a Transaction is made in a currency other than client’s Base Currency then the client may realize a profit or loss in that currency, which may result in having multiple balances in different currencies; (ii) the realized profits or losses from each relevant Transaction may be converted by the Company to client’s Base Currency and posted to client’s account in the Base Currency; (iii) The Company may convert any relevant adjustments or charges to client’s Base Currency before such adjustments/charges are booked on client’s account; (iv) The Company may convert any money received from the Client in a non-Base Currency into the Base Currency; and (v) any currency conversion will be made at a rate of exchange reasonably (based on the market rate) determined by the Company and the Company shall not be liable to the client for any exchange rate loss suffered as a result of any such currency conversion.

Appears in 2 contracts

Sources: Client Agreement, Client Agreement

CLIENT’S ACCOUNT. 9.1. In order to open an Account, you will be required to execute this Agreement which includes the relevant Application Information, Customer Declaration, and the Addendum of Risk Disclosure and provide Identification documents as specified in the Application. The Company is under no obligation to open an Account with any Individual or Entity, even if all information has been provided. Failure to provide the required documents will prevent you from opening an Account with the Company. 9.2. At the end of the Application Form, the following colored and clearly visible documents must be uploaded: Identification document (Passport or ID card) with photograph, signature, personal details, issue and expiry dates, place and date of issue, and serial number; and Proof of Address, (i.e. Utility Bill, Current Local Authority Tax bill), dated within the last 6 months. 9.3. The Company will open the Account only after you have executed this Agreement and deposited an initial sum of money in the Account set by the Company and which may vary from time to time at the Company’s sole discretion. 9.4. The Company may make periodic checks of clients’ details to verify that the details supplied have not changed. However, the client must immediately inform the company in writing as to any material change in his/her personal details and/or financial 9.5. The Company is not obliged to open an account for any applicant and may refuse any application for any reason and with no obligation to disclose such reason or provide any kind of explanations. 9.6. The Company reserves the right to close or suspend any opened account at any time. If the Company exercise this right, all open Transactions will be closed immediately at company’s current quoted price and no new Transactions will be accepted. Any Transaction that the client may have in markets not quoted (i.e. those that have closed for the day) will be closed at the first price reasonably available to the Company on the next business day or, in the case of a market suspended for any reason, closed under the terms of this Agreement. 9.7. Upon client’s Execution of this Agreement and payment of the Initial Deposit, the Company or any representative on its behalf will assist in opening the Account. The Account and other relevant data entered will be based on the information supplied to the Company by the client. 9.8. The client must ensure and verify that the information provided to the Company is complete and accurate. It is emphasized that providing erroneous information might be considered a violation of the Law and will result in the immediate freezing of the Account or its cancellation. 9.9. Once the Account is opened, the client will be provided with a personal ID code, usernameusername and password (“Access Codes”). It is the client’s responsibility to ensure the Access Codes is kept secure. Should this security be breached, the client must inform the 9.10. The Access Codes of the account are extremely sensitive pieces of information. Any Transaction made on client’s account using Access Codes, either username, account number or password will be deemed as an instruction authorized by the Client, as a valid Transaction and binding on the Client. 9.11. The Client shall immediately inform the Company if becomes aware or suspect that a third party has had access to Access Codes or that any person other than the Client (or client’s Authorized Third Party) is dealing on client’s account. The Company doesn’t have the obligation, and is not able to, monitor any unauthored use of the Access Codes for clients account, therefore the Access Codes are the responsibility of the client solely. a. enforce any relevant Transaction against the Client if it is a Transaction under which the client have incurred a loss; or b. treat any relevant Transaction as void if it is a Transaction under which the client have secured a profit (and retain any such profit for client’s own account, subject to Applicable Law), unless and until the client produce conclusive evidence within 3 months of the Transaction being closed that such circumstances do not exist. 9.12. The Company may, at its sole discretion, impose volume or other limits on Client Accounts. Contract payouts shall be determined by the Company by reference to the daily values reported on this website relevant to the inter-bank trading data received by the Company for all options, subject to the provisions that the Company shall have the right to make corrections to such data in the event if mispriced or typographically incorrect data. 9.13. The Company reserves the right to limit Client’s use of any Platform and apply pre- execution trading controls as may be appropriate to preserve compliance with Applicable Law or any other trading limits which may be notified to the Client, or if the Company reasonably believes that the Client is or may be subject to a Default Event. In the absence of willful misconduct or fraud by the Company, the Company will not be liable for any loss, claim, demand or expense incurred by the Client in connection with exercising these rights by the Company. 9.14. It is the Client’s (or his employer’s) responsibility to inform the Company as to whether information concerning Client’s Transactions should be reported to such employer, including its compliance officer, and as to whether Confirmations and statements of the account should be sent to that compliance officer or to any other person authorized by such employer to receive such information. The Company will obtain clientsclients consent prior to providing any such information to the employer. 9.15. The Clients which open a Joint Account shall be jointly and severally liable for all losses, fees and charges arising on that Joint Account. This means that any monies owed on the Joint Account shall be payable in full by any one of the Joint Account holders and the Company will not be required to collect from any specific holder. Also, unless expressly agreed otherwise in writing, the Company may take instructions to trade from and/or pay any portion of the account balance to any holder of the Joint Account without prior notice to the other holder and the Company may give any notices or communications to either one or another holder of the Joint Account. Upon the death of a holder of the Joint Account the Company may provide notices to and take instructions from their survivor(s).Joint 9.16. If the Client deposits money to the account or make Transactions in a currency other than client’s Base Currency, then: (i) if a Transaction is made in a currency other than client’s Base Currency then the client may realize a profit or loss in that currency, which may result in having multiple balances in different currencies; (ii) the realized profits or losses from each relevant Transaction may be converted by the Company to client’s Base Currency and posted to client’s account in the Base Currency; (iii) The Company may convert any relevant adjustments or charges to client’s Base Currency before such adjustments/charges are booked on client’s account; (iv) The Company may convert any money received from the Client in a non-Base Currency into the Base Currency; and (v) any currency conversion will be made at a rate of exchange reasonably (based on the market rate) determined by the Company and the Company shall not be liable to the client for any exchange rate loss suffered as a result of any such currency conversion.

Appears in 1 contract

Sources: Client Agreement

CLIENT’S ACCOUNT. 9.1. In order to open an Account, you will be required to execute this Agreement which includes the relevant Application Information, Customer Declaration, and the Addendum of Risk Disclosure and provide Identification documents as specified in the Application. The Company is under no obligation to open an Account with any Individual or Entity, even if all information has been provided. Failure to provide the required documents will prevent you from opening an Account with the Company.an 9.2. At the end of the Application Form, the following colored and clearly visible documents must be uploaded: Identification document (Passport or ID card) with photograph, signature, personal details, issue and expiry dates, place and date of issue, and serial number; and Proof of Address, (i.e. Utility Bill, Current Local Authority Tax bill), dated within the last 6 months. 9.3. The Company will open the Account only after you have executed this Agreement and deposited an initial sum of money in the Account set by the Company and which may vary from time to time at the Company’s sole discretion. 9.4. The Company may make periodic checks of clients’ details to verify that the details supplied have not changed. However, the client must immediately inform the company in writing as to any material change in his/her personal details and/or financial circumstances or any change to the information given on your Application Form (including change of employment, address, contact details and email). The Company may agree to accept such notification over the telephone or by email. 9.5. The Company is not obliged to open an account for any applicant and may refuse any application for any reason and with no obligation to disclose such reason or provide any kind of explanations. 9.6. The Company reserves the right to close or suspend any opened account at any time. If the Company exercise this right, all open Transactions will be closed immediately at company’s current quoted price and no new Transactions will be accepted. Any Transaction that the client may have in markets not quoted (i.e. those that have closed for the day) will be closed at the first price reasonably available to the Company on the next business day or, in the case of a market suspended for any reason, closed under the terms of this Agreement. 9.7. Upon client’s Execution of this Agreement and payment of the Initial Deposit, the Company or any representative on its behalf will assist in opening the Account. The Account and other relevant data entered will be based on the information supplied to the Company by the client. 9.8. The client must ensure and verify that the information provided to the Company is complete and accurate. It is emphasized that providing erroneous information might be considered a violation of the Law and will result in the immediate freezing of the Account or its cancellation. 9.9. Once the Account is opened, the client will be provided with a personal ID code, usernameusername and password (“Access Codes”). It is the client’s responsibility to ensure the Access Codes is kept secure. Should this security be breached, the client must inform the Company immediately and take the necessary actions along with the Company. Company in connection with an unauthorized use of the Access Code. It is the client’s sole responsibility to keep its access code secured and safe. 9.10. The Access Codes of the account are extremely sensitive pieces of information. Any Transaction made on client’s account using Access Codes, either username, account number or password will be deemed as an instruction authorized by the Client, as a valid Transaction and binding on the Client. 9.11. The Client shall immediately inform the Company if becomes aware or suspect that a third party has had access to Access Codes or that any person other than the Client (or client’s Authorized Third Party) is dealing on client’s account. The Company doesn’t have the obligation, and is not able to, monitor any unauthored use of the Access Codes for clients account, therefore the Access Codes are the responsibility of the client solely. a. enforce any relevant Transaction against the Client if it is a Transaction under which the client have incurred a loss; or b. treat any relevant Transaction as void if it is a Transaction under which the client have secured a profit (and retain any such profit for client’s own account, subject to Applicable Law), unless and until the client produce conclusive evidence within 3 months of the Transaction being closed that such circumstances do not exist. 9.12. The Company may, at its sole discretion, impose volume or other limits on Client Accounts. Contract payouts shall be determined by the Company by reference to the daily values reported on this website relevant to the inter-bank trading data received by the Company for all options, subject to the provisions that the Company shall have the right to make corrections to such data in the event if mispriced or typographically incorrect data. 9.13. The Company reserves the right to limit Client’s use of any Platform and apply pre- pre-execution trading controls as may be appropriate to preserve compliance with Applicable Law or any other trading limits which may be notified to the Client, or if the Company reasonably believes that the Client is or may be subject to a Default Event. In the absence of willful misconduct or fraud by the Company, the Company will not be liable for any loss, claim, demand or expense incurred by the Client in connection with exercising these rights by the Company. 9.14. It is the Client’s (or his employer’s) responsibility to inform the Company as to whether information concerning Client’s Transactions should be reported to such employer, including its compliance officer, and as to whether Confirmations and statements of the account should be sent to that compliance officer or to any other person authorized by such employer to receive such information. The Company will obtain clientsto 9.15. The Clients which open a Joint Account shall be jointly and severally liable for all losses, fees and charges arising on that Joint Account. This means that any monies owed on the Joint Account shall be payable in full by any one of the Joint Account holders and the Company will not be required to collect from any specific holder. Also, unless expressly agreed otherwise in writing, the Company may take instructions to trade from and/or pay any portion of the account balance to any holder of the Joint Account without prior notice to the other holder and the Company may give any notices or communications to either one or another holder of the Joint Account. Upon the death of a holder of the Joint Account the Company may provide notices to and take instructions from their survivor(s). 9.16. If the Client deposits money to the account or make Transactions in a currency other than client’s Base Currency, then: (i) if a Transaction is made in a currency other than client’s Base Currency then the client may realize a profit or loss in that currency, which may result in having multiple balances in different currencies; (ii) the realized profits or losses from each relevant Transaction may be converted by the Company to client’s Base Currency and posted to client’s account in the Base Currency; (iii) The Company may convert any relevant adjustments or charges to client’s Base Currency before such adjustments/charges are booked on client’s account; (iv) The Company may convert any money received from the Client in a non-Base Currency into the Base Currency; and (v) any currency conversion will be made at a rate of exchange reasonably (based on the market rate) determined by the Company and the Company shall not be liable to the client for any exchange rate loss suffered as a result of any such currency conversion.

Appears in 1 contract

Sources: Client Agreement