Orders and Transactions. a. The Client authorizes ENBD Capital KSA to accept and execute the Client's orders and instructions through the ENBD Capital KSA Platform and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is sole discretion. b. An order effected through the ENBD Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSA, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected orders. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement. c. Subject to applicable laws and regulations, ENBD Capital KSA may aggregate the Client's orders with ENBD Capital KSA's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable price in relation to a particular order. d. ENBD Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c above. ENBD Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client. e. The Client hereby acknowledges that all transactions using the Account shall be subject to: i. the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSA; and ii. ENBD Capital KSA's internal procedures, review and approval. f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions. g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client. h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 2 contracts
Sources: Investment Account General Terms and Conditions, Investment Services Agreement
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises SNB Capital KSA to accept and execute the Client's orders and instructions through the ENBD SNB Capital KSA Platform (if the option is enabled for the Client) and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD SNB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD SNB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is any time and in any circumstances at its sole discretion.
b. 8.2 An order effected through the ENBD SNB Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD SNB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD SNB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD SNB Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSASNB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD SNB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD SNB Capital KSA may aggregate the Client's orders with ENBD Capital KSASNB Capital's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD clients SNB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 SNB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , SNB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSASNB Capital; and
ii. ENBD Capital KSA(b) SNB Capital's internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: General Terms of Business
Orders and Transactions. a. The Client authorizes ENBD Capital KSA to accept and execute the Client's orders and instructions through the ENBD Capital KSA Platform and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is sole discretion.
b. An order effected through the ENBD Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSA, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected orders. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. Subject to applicable laws and regulations, ENBD Capital KSA may aggregate the Client's orders with ENBD Capital KSA's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable price in relation to a particular order.
d. ENBD Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without w ithout prejudice to clause 8.c above. ENBD Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSA; and
ii. ENBD Capital KSA's internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.clause
Appears in 1 contract
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises NCB Capital KSA to accept and execute the Client's orders and instructions through the ENBD NCB Capital KSA Platform (if the option is enabled for the Client) and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD NCB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD NCB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is sole discretion.
b. 8.2 An order effected through the ENBD NCB Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD NCB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD NCB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD NCB Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSANCB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD NCB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD NCB Capital KSA may aggregate the Client's orders with ENBD Capital KSANCB Capital's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD clients NCB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 NCB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , NCB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSANCB Capital; and
ii. ENBD Capital KSA(b) NCB Capital's internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: General Terms of Business
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises NCB Capital KSA to accept and execute the Client's orders and instructions through the ENBD NCB Capital KSA Platform and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD NCB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD NCB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is any time and in any circumstances at its sole discretion.
b. 8.2 An order effected through the ENBD NCB Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD NCB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD NCB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD NCB Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSANCB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD NCB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD NCB Capital KSA may aggregate the Client's orders with ENBD Capital KSANCB Capital's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD clients NCB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 NCB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , NCB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSANCB Capital; and
ii. ENBD Capital KSA(b) NCB Capital's internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: General Terms of Business
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises NCB Capital KSA to accept and execute the Client's ’s orders and instructions through the ENBD NCB Capital KSA Platform and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD NCB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD NCB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is sole discretion.
b. 8.2 An order effected through the ENBD NCB Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" “Confirm” button. The Client is permitted to place a request to ENBD NCB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD NCB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD NCB Capital KSA in sufficient time prior to the execution of the Client's ’s order. ENBD Capital KSANCB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD NCB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD NCB Capital KSA may aggregate the Client's ’s orders with ENBD Capital KSA's NCB Capital’s own orders and orders of other clients. By combining the Client's ’s orders with those of other clients, ENBD clients NCB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 NCB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , NCB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSANCB Capital; and
ii. ENBD Capital KSA's (b) NCB Capital’s internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: Business Agreement
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises NCB Capital KSA to accept and execute the Client's orders and instructions through the ENBD NCB Capital KSA Platform and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD NCB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD NCB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is sole discretion.
b. 8.2 An order effected through the ENBD NCB Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD NCB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD NCB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD NCB Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSANCB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD NCB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD NCB Capital KSA may aggregate the Client's orders with ENBD Capital KSANCB Capital's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD clients NCB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 NCB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , NCB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSANCB Capital; and
ii. ENBD Capital KSA(b) NCB Capital's internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: General Terms of Business
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises NCB Capital KSA to accept and execute the Client's orders and instructions through the ENBD NCB Capital KSA Platform (if the option is enabled for the Client) and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD NCB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD NCB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is any time and in any circumstances at its sole discretion.
b. 8.2 An order effected through the ENBD NCB Capital KSA Platform shall be made by clicking the visual or graphical "Confirm" button. The Client is permitted to place a request to ENBD NCB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD NCB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD NCB Capital KSA in sufficient time prior to the execution of the Client's order. ENBD Capital KSANCB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD NCB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD NCB Capital KSA may aggregate the Client's orders with ENBD Capital KSANCB Capital's own orders and orders of other clients. By combining the Client's orders with those of other clients, ENBD clients NCB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 NCB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , NCB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSANCB Capital; and
ii. ENBD Capital KSA(b) NCB Capital's internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: General Terms of Business
Orders and Transactions. a. 8.1 The Client authorizes ENBD authorises NCB Capital KSA to accept and execute the Client's ’s orders and instructions through the ENBD NCB Capital KSA Platform and other channels (such as Telephone, Fax, and Email) as may be determined by ENBD NCB Capital KSA and subject to the provisions of this Agreement and/or other supplemental agreements. ENBD NCB Capital KSA reserves the right to refuse to accept or to cancel an order or instruction at is any time and in any circumstances at its sole discretion.
b. 8.2 An order effected through the ENBD NCB Capital KSA Platform shall be made by clicking the visual or graphical "“Confirm" ” button. The Client is permitted to place a request to ENBD NCB Capital KSA to cancel an order after the Client has placed that order. The Client hereby acknowledges and agrees that ENBD NCB Capital KSA may not be able to cancel an order placed by the Client including in circumstances where the cancellation request is not received by ENBD NCB Capital KSA in sufficient time prior to the execution of the Client's ’s order. ENBD Capital KSANCB Capital, in its sole discretion, reserves the right not to act upon a cancellation request from the Client. ENBD NCB Capital KSA shall not be liable for any losses in circumstances where it does not act on a cancellation request submitted by a Client. The Client shall assume full responsibility for all affected ordersorders effected. An order effected through other channels shall be deemed to be received in accordance with the terms of the applicable supplemental agreement and may only be cancelled where permitted in accordance with the terms of the applicable supplemental agreement.
c. 8.3 Subject to applicable laws and regulations, ENBD NCB Capital KSA may aggregate the Client's ’s orders with ENBD Capital KSA's NCB Capital’s own orders and orders of other clients. By combining the Client's ’s orders with those of other clients, ENBD clients NCB Capital KSA must reasonably believe that this is in the overall best interests of its clients. However, aggregation may result in the Client obtaining a less favorable favourable price in relation to a particular order.
d. ENBD 8.4 NCB Capital KSA will adhere to its best execution policy in respect of transactions which it undertakes for the Client and without prejudice to clause 8.c 8.3 above. ENBD , NCB Capital KSA shall take reasonable care to obtain the result which is the best available result for the Client.
e. 8.5 The Client hereby acknowledges that all transactions using the Account shall be subject to:
i. (a) the constitution, rules, regulations, customs and usage of the various securities exchanges or markets and their clearing house, if any, where transactions are executed by ENBD Capital KSANCB Capital; and
ii. ENBD Capital KSA's (b) NCB Capital’s internal procedures, review and approval.
f. The Client agrees that the Company may act upon orders and instructions received by the Company through facsimile, telephone, IVR, email, smartphone, the Online Services, the Telephone Services and any other channels with regard to his account(s) with the Company, including without limitation with regard to funds transfer to and from his investment accounts, the buying and selling of securities (including stocks and mutual funds units) and all other investment transactions believed by the Company to be issued by or originated from Client if such instructions purport to be issued or placed by or are believed by the Company to be received from persons authorised to operate the Client's account as per the mandate given to the Company in each case whether or not such instructions are genuine and/or authorised. So long as the Company believes in good faith that the instructions are genuine and authorised by the Client, the Company may act upon such instructions and shall not be required to obtain confirmation from the Client that any such instructions are in fact the Client’s genuine instructions.
g. However, the Company may, at its discretion, decline to act upon instructions unless and until written confirmation has been obtained from the Client.
h. The Client agrees that he shall exonerate/indemnify the Company, its directors, officers, employees, agents and advisors against any claim in regard to loss, cost, damage, expense, liability or proceedings which they may directly or indirectly suffer as a result of the Company or any such, director, officer, employee, agent or advisor acting upon or refraining from acting upon instruction and the Client acknowledges that neither the Company nor any of its directors, officers, agents, advisors or employees shall be under any liability to the Client or to any other person for any loss or damages directly or indirectly caused as a result of acting upon or refraining from acting upon instructions or in construing or processing such instruction in error, including duplication of transactions/instructions through inadvertence or oversight, negligently or through misdescription and the Company may debit any of the Client account(s) with any amount paid out pursuant to the receipt of instructions.
Appears in 1 contract
Sources: Business Agreement