Common use of Recording Keeping Clause in Contracts

Recording Keeping. 25.1. The Client acknowledges that the Company will keep records of internal telephone conversations and electronic communications that are intended to result in transactions or relate to the reception and transmission of orders and execution of orders on behalf of clients. 25.2. Further, the Company will also keep records of all services and activities provided and transactions undertaken by the Company as well as records related to its business and internal organization. 25.3. The Company shall keep records of the content and timing of instructions received from the Client. A record of the allocation decisions taken for each operation shall be kept providing for a complete audit trail between the movements registered in clients’ accounts and in the instructions received by the Company. In particular, the final allocation made to each investment Client shall be clearly justified and recorded. 25.4. The Client acknowledges that, subject to the Applicable Laws and Regulations, any communication between the Company using electronic signatures and any communications via the Company’s Website and/or the Trading Platform shall be binding as if they were in writing. Orders or instructions given by the Client via e-mail or other electronic means will constitute evidence of the orders or instructions given. 25.5. The Client acknowledges that the Company will also keep records of orders placed by clients through channels other than the Company’s electronic platform, provided that such communications are made in a durable medium (e.g., mails, fax, emails, chats, internet communications, etc.). In case of relevant face-to-face conversations with the Client, the content of such will be recorded by using written minutes or notes. 25.6. The Client acknowledges that the Company’s records, unless shown to be wrong, will be evidence of the Client’s dealings with the Company in connection with the Company’s Trading Platform. The Client will not object to the admission of the Company's Records as evidence in any legal proceedings because such records are not originals, are not in writing nor are they documents produced by a computer. 25.7. The Client will not rely on the Company to comply with his/her record keeping obligations, although records may be made available to the Client on request at the Company’s absolute discretion.

Appears in 4 contracts

Sources: Client Agreement, Client Agreement, Client Agreement

Recording Keeping. 25.1. The Client acknowledges that the Company will keep records of internal telephone conversations and electronic communications that are intended to result in transactions or relate to the reception and transmission of orders and execution of orders on behalf of clients. 25.2. Further, the Company will also keep records of all services and activities provided and transactions undertaken by the Company as well as records related to its business and internal organization. 25.3. The Company shall keep records of the content and timing of instructions received from the Client. A record of the allocation decisions taken for each operation shall be kept providing for a complete audit trail between the movements registered in clients’ accounts and in the instructions received by the Company. In particular, the final allocation made to each investment Client shall be clearly justified and recorded. 25.4. The Client acknowledges that, subject to the Applicable Laws and Regulations, any communication between the Company using electronic signatures and any communications via the Company’s Website and/or the Trading Platform shall be binding as if they were in writing. Orders or instructions given by the Client via e-mail or other electronic means will constitute evidence of the orders or instructions given. 25.5. The Client acknowledges that the Company will also keep records of orders placed by clients through channels other than the Company’s electronic platform, provided that such communications are made in a durable medium (e.g., mails, fax, emails, chats, internet communications, etc.). In case of relevant face-to-face conversations with the Client, the content of such will be recorded by using written minutes or notes. 25.6. The Client acknowledges that the Company’s records, unless shown to be wrong, will be evidence of the Client’s dealings with the Company in connection with the Company’s Trading Platform. The Client will not object to the admission of the Company's Records as evidence in any legal proceedings because such records are not originals, are not in writing nor are they documents produced by a computer. 25.7. The Client will not rely on the Company to comply with his/her record keeping obligations, although records may be made available to the Client on request at the Company’s absolute discretion.

Appears in 1 contract

Sources: Client Agreement