Common use of Margin Clause in Contracts

Margin. 24.1. Leverage ratios are also expressed in percentage and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below. 24.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial Instrument

Appears in 5 contracts

Sources: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement

Margin. 24.1. Leverage ratios are also expressed in percentage and the contract value of the 9.1 You agree, upon entering into a Transaction. Details of our policy regarding the Margin requirements applicable , to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below. 24.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide pay ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed us in compliance with our duty of best execution relation to you, in accordance with our Order Execution Policy. 24.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral Transaction (otherwise known as “Initial Margin”) ). You agree to maintain such Margin at the level required by us during the term of the Transaction. 9.2 The Initial Margin and your ongoing Margin requirement shall be calculated by us with reference to be maintained at all times until the Market Information Sheets which are available on the website which are informational only and subject to change. 9.3 Initial Margin shall be due and payable by you immediately upon entering into a Transaction. 9.4 Your Margin requirement will change depending upon the performance of your open Transactions. We will calculate an indicative profit and Loss amount (your “P&L”) based on your unrealised trading profits and Losses. If your Account equity (Cash Balance + Profit and Loss) is less than 50% of your Margin requirement, you agree to make an additional Margin payment to us. The additional Margin payment shall be due and payable to us immediately upon your Margin requirement being less than your equity amount, unless we specifically agreed otherwise with you in writing. 9.5 Details of your current Margin requirement and P&L are available through the Platform. You agree that you are solely responsible for monitoring your Margin requirement, P&L and Account balance. 9.6 For the Trade Nation Platform, all open positions will be closed at the prevailing Quote in relation to this clause. 9.7 For the MT4 Platform, open position P&L will dictate the order in which open positions are closed in relation to this Clause, with the open position incurring the greatest Loss being closed first. 9.8 It is your responsibility to ensure you maintain sufficient Margin in your Account at all times. We may, but shall not be under any duty to, contact you in relation to making additional Margin payments (a “Margin Call”). We may make a Margin Call to you at any time and in accordance with Clause 9.1 above. 9.9 If you fail to maintain sufficient Margin, we may, at our absolute discretion, allow you to maintain your open Transactions with us. However, we reserve the right to subsequently close out or termination any open Transactions should you fail to provide sufficient Margin. You acknowledge and agree that you may incur further Losses should we allow you to maintain an open Transaction in the absence of the relevant Transaction. The you having sufficient Margin. 9.10 Margin payments required vary depending must be made in the Base Currency in cleared funds in accordance with Clause 10 below. If any payment mechanism fails with regard to any Margin payment, we shall be entitled (at our discretion) to treat the Transaction as void or close out the Transaction at the prevailing market rates. You agree to reimburse us any Losses we may incur in relation to the failure of a payment mechanism. 9.11 We may amend the Margin requirements in relation to any Instruments at any time, and you agree that any additional Margin following such amendment shall immediately be due and payable to us, unless we have agreed otherwise in writing with you. Any such changes to our Margin requirements shall be made to our Market Information Sheets which are available on the Leverage ratio of the CFD and the underlying Financial Instrumentwebsite or on request.

Appears in 3 contracts

Sources: Customer Terms and Conditions, Customer Terms and Conditions, Customer Terms and Conditions

Margin. 24.125.1. Leverage ratios are also expressed in percentage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial Instrument and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 25.4 below. 24.225.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.325.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.425.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.525.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial InstrumentLeverage

Appears in 3 contracts

Sources: Investment Services Agreement, Investment Services Agreement, Investment Services Agreement

Margin. 24.17.1. Leverage ratios As a condition of entering into a margined transaction, you are also expressed required to have cleared funds in percentage and the contract value of the Transactionyour account before attempting to open a position. Details of our policy regarding the Margin requirements applicable If you do not have sufficient funds to each CFD can meet your margin requirement you will not be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any able to place orders or open positions at any point in time is 50%, subject to Clause 24.4 belownew positions. 24.27.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with usFurthermore, is you also have a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as ensure that your account balance, taking into account running P/L (profit/loss), has sufficient funds to meet your obligation to maintain the relevant Margin Level and the consequences of your failure to do sototal margin requirement. 7.3. Where there is a shortfall between your account balance (taking into account running P/L) and your margin requirement for all open transactions, all open positions may be automatically closed out without notice. 7.4. When the client is near breach or in breach of any margin requirements, we may make a margin call warning in accordance with these terms. We are obligated not obliged to make margin call warnings at all or elect within a specific time period. Margin call warnings may be made at any time and in any way permitted by these terms. For this reason, it is in your best interest to warn or immediately notify us of any changes in your contact details. We shall be deemed to have made a margin call warning if we notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading electronically via the platform. 24.37.5. Where we effect or arrange a Transaction you We shall comply with the Margin requirements applicable to such Transaction. Your not be liable for any failure to do so contact you with respect to a margin call warning. Should we make a margin call warning, the terms and conditions of the margin call warning will constitute an Event of Default be detailed within the warning, and will trigger we reserve the right to change the terms and conditions based on market conditions. Our right to close out of your position positions as provided in respect of which 7.3 above shall not be limited or restricted by any margin call warning if, when or where made. 7.6. You are specifically made aware that margin requirements are subject to change without notice including without limitation the margin rates governing your open positions. When you have failed an open position, we may close the position at our discretion or at your instruction where possible, or according to make payment of the required Marginour rights under these terms. 24.47.7. Where It is your sole responsibility to monitor your account. 7.8. In general, if you fail are designated as a Retail Client your maximum liability to provide Margin us will be the funds deposited with us. If the markets gaps or slips through your stop orders such that your account records a negative cash position then we will cancel this liability to us. If we believe that you are operating in clear tandem with another account then we may take funds received by us by the from either account to cover any negative cash position held in any other related account. We will at any time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions set off any debit balances in your any accounts (including a joint account and an account held with a Partner Companies) in relation to the Transactions for which you may have an interest against any credit balances on any other account (including any joint account and any account held with a Partner Company) in which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policyan interest. 24.57.9. Where Notwithstanding clause 7.8 if you carry out trading activity on the Markets Web/Mobile Trading Platforms, trade in such large sizes as make clause 7.8 untenable for we may send you an email and/or notification in the event that the value of your positions falls below 70%decide, or such other level as we may determine in at our sole discretion, of the Initial Margin requirement as an early warningto enter a separate agreement with you before accepting any further trades from you. 7.10. We are not under an obligation entitled to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you retain funds which are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral cover your Margin requirement, unrealised losses, uncleared funds (otherwise known as “Initial Margin”) e.g. pending bank transfers), realised losses and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial Instrumentany other amount due under this Agreement.

Appears in 2 contracts

Sources: CFD and Rolling Spot Fx Terms & Conditions, CFD and Rolling Spot Fx Terms & Conditions

Margin. 24.1. Leverage ratios are also expressed in percentage and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below. 24.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 Electronic Trading Platform. terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial Instrument 24.6. You shall be solely responsible for monitoring your position in respect of any Transaction and remaining informed at all times regarding the amount of Margin which may be payable by you at any given point in time, and any changes in Margin that may be introduced by us pursuant to Clause 24.7 below. We are under no obligation to contact you or give you any oral or written warning as to your failure to comply with the applicable Margin requirements. Safecap and the Group shall under no circumstances be liable for any direct or indirect loss suffered by you as a result of your failure to make timely payment in cleared funds of Margin amounts due by you. 24.7. We reserve the right to modify the Margin requirements to any positions of our customers for the purpose, inter alia, of preventing abusive trading and managing our market exposure in the following circumstances: • We may change the Margin requirements applicable to any positions opened less than 1 (one) hour before the closing of the market of the underlying Financial Instrument (or other instrument) of the CFDs; • We may change the Margin requirements applicable to any positions opened less than 1 (one) hour after the opening of the market of the underlying Financial Instrument (or other instrument) of the CFDs; • We may change the Margin requirements applicable to any positions opened less than 1 (one) before and after any schedule earnings reports or announcements by the issuers of the underlying Financial Instrument (or other instrument) of the CFDs; • Where changes in Margin are necessary to control our total exposure, as stipulated in Clause 13.2 hereof. Notwithstanding the above, we reserve the right to alter the timeframes for Margin changes stipulated in this Clause 24.7 in the event of unforeseen changes in the market conditions or where it is otherwise necessary to prevent abusive or manipulative trading. You are advised to monitor our Electronic Trading Platforms and the Website for up-to-date information regarding the Margin requirements. 24.8. Margin must be paid in freely available cleared funds, in such currency as is acceptable to us. In the absence of fraud or gross negligence on our part, we shall have no responsibility with regard to the consequences of any failure of a Margin payment to be made to us within the required timeframes in freely available cleared funds. 24.9. You undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the cash margin transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held. 24.10. In addition, and without prejudice to any rights which we may have under this Agreement or any Applicable Laws and Regulations, we shall have a general lien on all cash held by us or our Associates or our nominees on your behalf, to the extent of your liabilities to us, until the satisfaction of your financial obligations to us. 24.11. If there is an Event of Default or this Agreement terminates, we shall set-off the balance of Margin owed by you to us as well as any other financial obligations you may have due to us (as reasonably valued by us) against any amounts payable by us to you, before we return any remaining funds on your Account to you. The net amount, if any, payable between us following such set-off, shall take into account the Liquidation Amount payable under Clause 31 (“Events of Default, Netting and Close Out”). 24.12. Safecap may vary the required Margin and Close Out Level by giving you 10 (ten) calendar days prior notice in accordance with the provisions of Clause 45 (“Amendments to this Agreement”). We may vary the required Margin with immediate effect without prior notice where the following circumstances arise or it is reasonably likely or possible that they will arise (in each case in the reasonable opinion of Safecap): a) Severe disruption in the financial market or material adverse changes which may affect one or more Transaction; b) Any developments or news or events which may have a material adverse effect on one or more Transactions; c) Significant volatility affecting one or more Transactions or the prices of one or more of the underlying financial instruments that comprise CFDs for which you maintain open positions; d) Any significant changes to your own circumstances or the laws and regulations to which you are subject, which may significantly impact any one or more open Transactions between us and you, and e) Any significant changes or anticipated changes to the Applicable Laws and regulations to which we are subject and which may significantly impact any one or more open Transactions between us or our business of dealing in CFDs in general; f) any actual or anticipated changes in the Applicable Laws and Regulations regarding the protection of Retail Clients. 24.13. The provisions of this Clause 24, are without prejudice to any other rights which we may have under this Agreement. 24.14. You understand and acknowledge that you shall be solely responsible for the assessment of the suitability of any investment which you make through us and that you rely on you own judgment or advice from other advisors to which you may have access or which you may engage for this purpose. 24.15. In the absence of fraud or negligence on our part, we shall not be liable for any direct or indirect, pecuniary or other loss, including loss of opportunity suffered by you as a result of any mistake or incorrect understanding or assessment of the risk involved in or consequences of any Transaction which you make with or through us, or for adverse consequences on your ability to meet your any of your financial obligations or commitments. The provisions of this Clause 24, are without prejudice to the provisions of Clause 33 (“Exclusions, Limitation and Indemnity”). 24.16. You expressly acknowledge that you have read, understood and accept our Risk Disclosure Statement.

Appears in 1 contract

Sources: Investment Services Agreement

Margin. 24.1. Leverage ratios are also expressed in percentage and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below. 24.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial InstrumentInstrument and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below.

Appears in 1 contract

Sources: Investment Services Agreement

Margin. 24.1. Leverage ratios are also expressed in percentage and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below. 24.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms Electronic Trading Platform. 24.6. You shall be solely responsible for monitoring your position in respect of any Transaction and comprise remaining informed at all times regarding the amount of Margin which may be payable by you at any given point in time, and any changes in Margin that may be introduced by us pursuant to Clause 24.7 below. We are under no obligation to contact you or give you any oral or written warning as to your failure to comply with the applicable Margin requirements. Safecap and the Group shall under no circumstances be liable for any direct or indirect loss suffered by you as a result of your failure to make timely payment in cleared funds of Margin amounts due by you 24.7. We reserve the right to modify the Margin requirements to any positions of our customers for your Account. For example at the Default Leverage Limit ratio purpose, inter alia, of 1:20, preventing abusive trading and managing our market exposure in the: • We may change the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required requirements applicable to be held as collateral any positions opened less than 1 (otherwise known as “Initial Margin”one) and to be maintained at all times until and subject to close out or termination hour before the closing of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio market of the CFD and the underlying Financial InstrumentInstrument (or other instrument) of the CFDs; • We may change the Margin requirements applicable to any positions opened less than 1 (one) hour after the opening of the market of the underlying Financial Instrument (or other instrument) of the CFDs; • We may change the Margin requirements applicable to any positions opened less than 1 (one) before and after any schedule earnings reports or announcements by the issuers of the underlying Financial Instrument (or other instrument) of the CFDs; • Where changes in Margin are necessary to control our total exposure, as stipulated in Clause 13.2 hereof. Notwithstanding the above, we reserve the right to alter the timeframes for Margin changes stipulated in this Clause 24.7 in the event of unforeseen changes in the market conditions or where it is otherwise necessary to prevent abusive or manipulative trading. You are advised to monitor our Electronic Trading Platforms and the Website for up-to-date information regarding the Margin requirements. 24.8. Margin must be paid in freely available cleared funds, in such currency as is acceptable to us. In the absence of fraud or gross negligence on our part, we shall have no responsibility with regard to the consequences of any failure of a Margin payment to be made to us within the required timeframes in freely available cleared funds. 24.9. You undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the cash margin transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held. 24.10. In addition, and without prejudice to any rights which we may have under this Agreement or any Applicable Laws and Regulations, we shall have a general lien on all cash held by us or our Associates or our nominees on your behalf, to the extent of your liabilities to us, until the satisfaction of your financial obligations to us. 24.11. If there is an Event of Default or this Agreement terminates, we shall set-off the balance of Margin owed by you to us as well as any other financial obligations you may have due to us (as reasonably valued by us) against any amounts payable by us to you, before we return any remaining funds on your Account to you. The net amount, if any, payable between us following such set-off, shall take into account the Liquidation Amount payable under Clause 31 (“Events of Default, Netting and Close Out”). 24.12. Safecap may vary the required Margin and Close Out Level by giving you 10 (ten) calendar days prior notice in accordance with the provisions of Clause 45 (“Amendments to this Agreement”). We may vary the required Margin with immediate effect without prior notice where the following circumstances arise or it is reasonably likely or possible that they will arise (in each case in the reasonable opinion of Safecap): a) Severe disruption in the financial market or material adverse changes which may affect one or more Transaction; b) Any developments or news or events which may have a material adverse effect on one or more Transactions; c) Significant volatility affecting one or more Transactions or the prices of one or more of the underlying financial instruments that comprise CFDs for which you maintain open positions; d) Any significant changes to your own circumstances or the laws and regulations to which you are subject, which may significantly impact any one or more open Transactions between us and you, and e) Any significant changes or anticipated changes to the Applicable Laws and regulations to which we are subject and which may significantly impact any one or more open Transactions between us or our business of dealing in CFDs in general; f) any actual or anticipated changes in the Applicable Laws and Regulations regarding the protection of Retail Clients. 24.13. The provisions of this Clause 24, are without prejudice to any other rights which we may have under this Agreement. 24.14. You understand and acknowledge that you shall be solely responsible for the assessment of the suitability of any investment which you make through us and that you rely on you own judgment or advice from other advisors to which you may have access or which you may engage for this purpose. 24.15. In the absence of fraud or negligence on our part, we shall not be liable for any direct or indirect, pecuniary or other loss, including loss of opportunity suffered by you as a result of any mistake or incorrect understanding or assessment of the risk involved in or consequences of any Transaction which you make with or through us, or for adverse consequences on your ability to meet your any of your financial obligations or commitments. The provisions of this Clause 24, are without prejudice to the provisions of Clause 33 (“Exclusions, Limitation and Indemnity”). 24.16. You expressly acknowledge that you have read, understood and accept our Risk Disclosure Statement.

Appears in 1 contract

Sources: Investment Services Agreement

Margin. 24.125.1. Leverage ratios are also expressed in percentage the CFD and the underlying Financial Instrument and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 25.4 below. 24.225.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.325.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.425.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.525.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial Instrumentof

Appears in 1 contract

Sources: Investment Services Agreement

Margin. 24.125.1. Leverage ratios are also expressed in percentage and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 below. 24.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.325.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.425.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.525.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial InstrumentInstrument and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 25.4 below.

Appears in 1 contract

Sources: Investment Services Agreement

Margin. 24.125.1. Leverage ratios are also expressed in percentage terms and comprise the Margin requirements for your Account. For example at the Default Leverage Limit ratio of 1:20, the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required to be held as collateral (otherwise known as “Initial Margin”) and to be maintained at all times until and subject to close out or termination of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio of the CFD and the underlying Financial Instrument and the contract value of the Transaction. Details of our policy regarding the Margin requirements applicable to each CFD can be found at our Leverage and Margin Policy. The minimum level of Margin Level required for maintaining any open positions at any point in time is 50%, subject to Clause 24.4 25.4 below. 24.225.2. Your obligation to comply with the Margin requirements and maintain the relevant Margin Level as this applies to your open positions under all your Transactions with us, is a continuing obligation to which you are subject throughout the period during which a Transaction is open and exists independently or whether or not we provide you with any warning as to your obligation to maintain the relevant Margin Level and the consequences of your failure to do so. Where we are obligated or elect to warn or notify you of insufficient Margin hereunder, we shall, at our discretion, do do 24.4. refer to our Leverage and Margin Policy. Without prejudice to any other rights which we have under this Agreement, where we allow you to trade at Leverage levels which are higher than the Default so by means of e-mail and/or SMS and/or push notification and/or by means of our electronic trading platform. 24.325.3. Where we effect or arrange a Transaction you shall comply with the Margin requirements applicable to such Transaction. Your failure to do so will constitute an Event of Default and will trigger close out of your position in respect of which you have failed to make payment of the required Margin. 24.425.4. Where you fail to provide Margin in clear funds received by us by the time at which your Margin Level reaches 50% (“Close Out Level” or “Margin Close Out Level”), we have the right to begin closing out all positions in your account in relation to the Transactions for which you have failed to provide ▇▇▇▇▇▇, starting from the positions which are most unprofitable for you. Where the Margin Level drops below 50% we will proceed with close out without further reference to you. There will be no further warning before close out. Any such closing out under this Clause 25.4 shall be performed in compliance with our duty of best execution to you, in accordance with our Order Execution Policy. 24.525.5. Where you carry out trading activity on the Markets Web/Mobile Trading Platforms, we may send you an email and/or notification in the event that the value of your positions falls below 70%, or such other level as we may determine in our sole discretion, of the Initial Margin requirement as an early warning. We are not under an obligation to provide you with such warning and failure on our part to send you any such warning shall not give rise to any claim against us, whether in contract or otherwise, and does not affect any of our rights hereunder. We will not be providing you any warnings or notifications where you are a client using the MT4 and MT5 terms Electronic Trading Platform. 25.6. You shall be solely responsible for monitoring your position in respect of any Transaction and comprise remaining informed at all times regarding the amount of Margin which may be payable by you at any given point in time, and any changes in Margin that may be introduced by us pursuant to Clause 25.7 below. We are under no obligation to contact you or give you any oral or written warning as to your failure to comply with the applicable Margin requirements. Safecap and the Group shall under no circumstances be liable for any direct or indirect loss suffered by you as a result of your failure to make timely payment in cleared funds of Margin amounts due by you. 25.7. We reserve the right to modify the Margin requirements applicable to any new (but not existing) positions of our customers for your Account. For example at the Default Leverage Limit ratio purpose, inter alia, of 1:20, preventing abusive trading and managing our market exposure in the following circumstances: • We may change the Margin required is 5%. Upon opening a Transaction, this Margin amount will be required requirements applicable to be held as collateral any positions opened less than 1 (otherwise known as “Initial Margin”one) and to be maintained at all times until and subject to close out or termination hour before the closing of the relevant Transaction. The Margin payments required vary depending on the Leverage ratio market of the CFD and the underlying Financial InstrumentInstrument (or other instrument) of the CFDs; • We may change the Margin requirements applicable to any positions opened less than 1 (one) hour after the opening of the market of the underlying Financial Instrument (or other instrument) of the CFDs; • We may change the Margin requirements applicable to any positions opened less than 1 (one) before and after any schedule earnings reports or announcements by the issuers of the underlying Financial Instrument (or other instrument) of the CFDs; • Where changes in Margin are necessary to control our total exposure, as stipulated in Clause 13.2 hereof. Notwithstanding the above, we reserve the right to alter the timeframes for Margin changes stipulated in this Clause 25.7 in the event of unforeseen changes in the market conditions or where it is otherwise necessary to prevent abusive or manipulative trading. You are advised to monitor our Electronic Trading Platforms and the Website for up-to-date information regarding the Margin requirements. 25.8. Margin must be paid in freely available cleared funds, in such currency as is acceptable to us. In the absence of fraud or gross negligence on our part, we shall have no responsibility with regard to the consequences of any failure of a Margin payment to be made to us within the required timeframes in freely available cleared funds. 25.9. You undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the cash margin transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held. 25.10. In addition, and without prejudice to any rights which we may have under this Agreement or any Applicable Laws and Regulations, we shall have a general lien on all cash held by us or our Associates or our nominees on your behalf, to the extent of your liabilities to us, until the satisfaction of your financial obligations to us. 25.11. If there is an Event of Default or this Agreement terminates, we shall set-off the balance of Margin owed by you to us as well as any other financial obligations you may have due to us (as reasonably valued by us) against any amounts payable by us to you, before we return any remaining funds on your Account to you. The net amount, if any, payable between us following such set-off, shall take into account the Liquidation Amount payable under Clause 32 (“Events of Default, Netting and Close Out”). 25.12. Safecap may vary the required Margin and Close Out Level by giving you 10 (ten) calendar days prior notice in accordance with the provisions of Clause 46 (“Amendments to this Agreement”). We may vary the required Margin with immediate effect without prior notice where the following circumstances arise or it is reasonably likely or possible that they will arise (in each case in the reasonable opinion of Safecap): a) Severe disruption in the financial market or material adverse changes which may affect one or more Transaction; b) Any developments or news or events which may have a material adverse effect on one or more Transactions; c) Significant volatility affecting one or more Transactions or the prices of one or more of the underlying financial instruments that comprise CFDs for which you maintain open positions; d) Any significant changes to your own e) Any significant changes or anticipated changes to the Applicable Laws and regulations to which we are subject and which may significantly impact any one or more open Transactions between us or our business of dealing in CFDs in general; f) any actual or anticipated changes in the Applicable Laws and Regulations regarding the protection of Retail Clients. 25.13. The provisions of this Clause 25, are without prejudice to any other rights which we may have under this Agreement. 25.14. You understand and acknowledge that you shall be solely responsible for the assessment of the suitability of any investment which you make through us and that you rely on you own judgment or advice from other advisors to which you may have access or which you may engage for this purpose. 25.15. In the absence of fraud or negligence on our part, we shall not be liable for any direct or indirect, pecuniary or other loss, including loss of opportunity suffered by you as a result of any mistake or incorrect understanding or assessment of the risk involved in or consequences of any Transaction which you make with or through us, or for adverse consequences on your ability to meet your any of your financial obligations or commitments. The provisions of this Clause 25, are without prejudice to the provisions of Clause 34 (“Exclusions, Limitation and Indemnity”). 25.16. You expressly acknowledge that you have read, understood and accept our Risk Disclosure Statement.

Appears in 1 contract

Sources: Investment Services Agreement