1. Subject of the Agreement
1.1. This Agreement sets forth the terms and conditions of the Company’s services provision. The Company provides the following services to the Customer: performing operations in financial markets, performing transactions with financial tools either presenting or not presenting on the organized market. This Agreement also sets forth the order of payments between the Parties, in connection with the aforementioned services provision. Accepting this Agreement the Client guarantees the following:
1.1.1. In case the Client is a private person, he/she is a legal person of age. In case the Client is a legal entity, the entity is capable and no one except the Client has any rights of demand or obligation in respect to the transactions performed in the Client’s trading account.
1.1.2. All the transactions on the Client’s trading account are performed in compliance with this Agreement
1.2. Client’s Representations.
1.2.1. The Client represents and warrants that he/she is free to enter into this Agreement, to perform each of the terms and covenants contained herein and that he/she is not restricted or prohibited, contractually or otherwise, from entering into or performing under this Agreement.
1.2.2. The Client understands and expressly agrees that the Company shall exercise its right to monitor activity of the Client and verify consistency of Client’s behavior and trading activities on the Company’s platform.
1.2.3. The Client further represents that he/she has complete understanding and is agreeing with all terms and conditions of this Agreement.
2. Company’s services
2.1. The term “Company’s services” refers to any interactive services or application provided by the Company, which allow the Client to:
2.1.1. Connect the Company or authorized third Party, receive information and/or quotes from the Company or authorized third party;
2.1.2. Perform transactions on financial markets through the Company by means of Metatrader 4.0 software, including electronic data transmission between the Client’s PC (or any similar device) connected to the Internet and the Company’s authorized network.
2.2. Accepting this Agreement the Client confirms he/she has read the communication rules and agrees that he/she is only able to perform orders by means of trading terminal.
2.3. The Client confirms that the Company may modify, add, rename or leave unmodified the Company’s services offered in compliance with this Agreement without prior notification. The Client also confirms that the Agreement is applied to the services which may be modified, added or renamed in future in addition to the services provided by the Company at present.
2.4. As far as trading operations are concerned the Company only provides execution, not providing any asset management or recommendations.
2.5. The Company is not liable to (unless set forth in this Agreement):
2.5.1. Track any Client’s trading operation status and inform the Client about it;
2.5.2. Close any Client’s open position;
2.5.3. Attempt to execute any Client’s order by different quotes than the quotes offered in Metatrader 4 trading platform
2.6. Company’s services do not include providing recommendations or information capable of engaging the Client to perform any transactions. In exceptional cases the Company reserves a right to provide information, recommendations or advice to the Client, however, in these cases the Company will not be responsible for any consequences of such recommendations and advices. Despite the Company reserves a right to close or decline any Client’s position, all the trading operations performed by the Client as a result of imprecise information and/or mistake still remain in force and are mandatory for both the Client and the Company.
2.7. The Company is not a tax agent and acts under the legislation. The Parties comply with their tax and/or any other obligations independently and on their own.
2.8. The Company reserves a right to decline the Client and offer him/her to withdraw the deposit in case his/her activity or interaction with the Company is deemed inappropriate and/or incorrect.
2.9. All the profits and losses are deposited/deducted from the Client’s trading account balance immediately after the position closure.
3. Deposit/withdrawal of funds
3.1. Funds deposit to the Client trading account
3.1.1. A Client can deposit funds to his/her account by means of the methods and payment systems available in the application.
3.1.2. If it is impossible to execute a deposit automatically, the request will be carried out by the Company’s financial department within 2 working days after it is created.
3.2. Withdrawal of funds from the Client’s trading account
3.2.1. The Client can withdraw funds from his/her account only to those payment systems.
3.2.2. In the cases when deposit of the account was executed via various methods, withdrawal is executed via the same methods in the ratio according to the deposited sums;
3.2.3. In exceptional cases (such as force majeure circumstances, termination of payment system operation, etc) the Company is entitled to decline a Client’s funds withdrawal in this payment system. Depending on circumstances such cases are considered case by case.
3.2.4. According to the Company’s withdrawal policy, withdrawal requests are processed within 2 to 3 working days upon receipt of withdrawals request.
3.2.5. The Company in its sole discretion can request information from the Client about his/her source of income and source of funds in order to verify legitimacy of Client’s deposits and withdrawals and in order to comply with applicable regulations.
3.2.6. The company reserves a right to reconcile financial operations on client’s trading accounts and payment Systems in order to see genuineness and consistency of the Client’s trading activities on the Company’s platform.
3.2.7. In case of discrepant transactions, the company may cancel any financial operations that are not found in the payment system’s records or were cancelled (chargeback). In this case, the company also reserves a right to cancel any trading operations made with the unconfirmed funds as well as call back any related payments for these operations, such as partner commission, auto-referral commission, promo and bonus lots, etc.
3.3. Financial security.
3.3.1. To provide financial security the Company is entitled to request from the Client a confirmation of the verification of personal data submitted at the registration of a trading account. For this purpose the Company may at any moment ask the Client to submit a copy of a passport or other equivalent document.
3.3.2. The Company is entitled to prohibit to deposit or withdraw funds to the third parties.
3.3.3. In case of indication or suspicion of any form of Client’s fraudulent activity or violation of conditions of Customer Agreement, the Company in its sole discretion will be entitled to suspend all transactions of deposits or withdrawals.
3.4. In case of Customer’s violation of any Agreement provisions, the Company also reserves the right to terminate this Agreement between the Parties, to block the Client’s trading account, and to cancel all the Client’s profit. After that, the Company withdraws the remaining balance, excluding the Client’s profit to the Client’s payment system in accordance with Clause 3.2.4.. The Agreement termination shall mean the termination of the Company’s obligations to the Customer. In accordance with the conditions hereof, the rules and provisions of this Agreement concerning privacy shall be effective regardless of the Agreement termination.
3.5. In case of the mutual termination of this Agreement under the Client’s request, the Company should block the Client’s trading account and withdraw the remaining balance net of the Client’s profit to the Client’s payment system in accordance with the Clause 3.2.4.. In accordance with the conditions hereof, the rules and provisions of this Agreement concerning privacy shall be effective regardless of the Agreement termination.
3.6. In case if it becomes known of the Client’s death or Client’s incapability the Company has the right to terminate the Agreement and to block the Client’s trading account. The right to withdraw the remaining balance from the Client’s trading account will be available only for Client’s heirs according to the applicable law and with documents issued by the competent authorities. Client’s heirs cannot get access and use the Client’s trading account.
4. Commission and other costs
4.1. The Client shall pay to the Company commissions and other costs in the amounts as fixed.
4.2. The Company is entitled to change the size of commissions and other costs without prior notification of the Client.
4.3. Provided that all the applicable Company rules and provisions are followed, the Company is not liable to disclose to the Client any reports regarding profits, commissions and other fees received by the Company on the Client’s trade, with the exception of the cases specially mentioned in the present Agreement.
5. Communication between the Client and the Company.
5.1. The Company uses the following communication means to contact the Client:
a) Internal emails of the trading platform at their sole discretion (From the Company to the Client); or
b) Corporate chat, realized through application; or
c) Telephone; or
d) Post; or
e) Announcements in the related sections of the Company website; or
f) Corporate chat; or
g) To contact the Client the Company shall use the Client references, stated while opening the account or changed in accordance to the present Regulations.
5.2. To be able to react promptly to the Client’s needs the Company sets priorities in answering Clients in the following way: communication means via which the Client can perform trades.
5.3. Correspondence (documentation, announcements, notifications, confirmations, reports, etc.) is considered to be accepted by the Client:
a) An hour after sending it to their email; or
b) Immediately after sending it by internal email of the trading platform; or
c) Immediately after finishing a conversation by phone; or
d) After 7 days since sending it via post; or
e) An hour after placing it at the Company website.
5.4. To provide confidentiality of all trading operations, performed by the Client, access to the application and trading terminal are secured via passwords. The Client is solely liable for keeping his/her logins and passwords.
5.5. For the purpose of providing security for all Client trading operations, telephone conversations with the Company are recorded on magnetic or electronic media. Such records are proprietary to the Company and serve as evidence of orders submitted by the Client.
6. Procedure of consideration and settlement of disputes and claims.
6.1. Procedure of consideration and settlement of disputes and claims for orders.
6.1.1. Should a dispute situation arise, the Client is entitled to make a claim against the Company. Claims are accepted within 2 working days since the moment the grounds for a claim appeared.
6.1.2. The Company considers a Client claim in the time period of 10 working days. The Client shall hold negotiations and give answers to all Company requests with good faith.
6.1.3. A Claim consideration is suspended till the Client gives answers to all Company requests.
6.1.4. A Claim will be rejected and the Client’s accounts may be terminated in the following cases:
a) Client fails to answer to any and/or all requests of the Company within 5 days from the day they were received.
b) The Company discovers that the Client was using multiple devices while accessing the Company’s platform and/or accessing the platform from multiple IPs which would be inconsistent with ordinary Client behavior and/or would raise suspicion that the Client’s accounts were compromised and/or used by unauthorized third parties.
c) The Company has reasonable grounds to believe that the Client willingly provided access to his accounts to third parties.
6.1.5. A Client claim shall contain:
a) Full name;
b) Account number;
c) Date and time when a dispute situation occurred;
d) Ticker of the arguable order;
e) Claim description.
6.1.6. The Company is entitled to reject a claim provided it does not comply with the necessary.
6.2. Source of information to prove validity of claim
6.2.1. Server log-file is the main source of information while considering dispute situations. Information on the server log-file has absolute priority over other arguments while considering a dispute situation, including information at the client terminal log-file.
6.2.2. Shall the server log-file not contain the corresponding note proving Client intentions; it is a basis to hold a claim invalid.
6.3. Compensation payment
6.3.1. Should the claim be found proven; settlement is executed only in the form of compensation payment added to the Client trade account.
6.3.2. Compensation shall not compensate the profit not received by the Client in the event that the Client had an intention to perform some action but has not performed it for some reason.
6.3.3. The Company shall not compensate non-pecuniary damage to the Client.
6.3.4. The Company adds a compensation payment to the Client trading account within one working day since the moment of making a positive decision on the dispute situation.
6.4. Cases of rejection to consider a claim
6.4.1. Claims against not processed orders submitted during server scheduled maintenance are not accepted, provided a notification about such maintenance has been sent to the Client via internal email of the trading platform. Non-receipt of such a notification is not a ground for making a claim.
6.4.2. Claims against time period of order execution are not accepted regardless of time a Dealer needed to execute an order, and regardless of time when a notice about an order execution appeared in the server log – file.
6.4.3. Dispute situations not stated in the present Agreement are considered by the Company according to the universal best practice.
6.5. Should the order of the Client be open, closed or changed due to the off-market quote, the Company reserves the right to return the order status before spike.
The Client confirms that they are notified about risks related to performing trade operations at the world financial markets, including the following:
7.1. Leverage risk
7.1.1. In the event of a market movement against the Client position, he/she can bear loss in the amount of the initial deposit and any other additional funds deposited to support open orders. The Client is fully liable for consideration of all risks, use of financial tools and a choice of the relevant trading strategy.
7.1.2. The Client should acknowledge that he runs a risk of incurring partial losses or all his/her initial capital as a result of the purchase and/or sale of any Financial Instrument. The Client accepts that he is willing to undertake this risk and agrees that he/she will not be able to refund lost funds.
7.2. Risk of financial tool volatility
7.2.1. A wide range of tools has great change of rates during the day that implies high probability of receiving profits as well as bearing losses for trading.
7.3. Technical risks
7.3.1. The Client accepts risks of financial losses due to a failure of information, communication, electrical and other systems from the Client side.
7.3.2. During trading by means of the client terminal the Client accepts the risks of financial losses, which might occur due to:
a) A failure in the hardware, software, and bad quality of connection from the Client side; or
b) A malfunctioning of the Client equipment; or
c) Wrong settings of the client terminal; or
d) Not a timely update of the client terminal version; or
e) A lack of the Client knowledge about the instructions, described in the support installed in the Terminal.
7.4. Risk of irregular market conditions The Client accepts that in market conditions different from regular, time of processing Client orders may increase, spread may be widened, and also an execution quote may differ from quotes in the flow.
7.5. Risk of technical peculiarities of the trading platform
7.5.1. The Client accepts that in the queue of orders on the server there can be only one order.
7.5.2. The Client accepts that the only authoritative source of information about the quote flow is the main server serving Clients, performing trades at the real accounts. Quote databases at the client terminal shall not serve as an authoritative source of information about the quote flow, as in the event of an unstable connection between the client terminal and the server a part of quotes from the quote flow may not reach the client terminal.
7.5.3. The current rates for the underlying assets are those calculated by the Company on the basis of the quotes received by the Company. All issues regarding the market prices determination lie within the sole cognizance of the Company.
7.5.4. The Client unconditionally accepts the quotes provided by the Company to its Clients as exclusively correct; no claims about the quotes provided by the Company being different from the quotes of other sources can be accepted for consideration.
7.5.5. The Company reserves the right to reconsider the provided quotes for any time period.
7.5.6. In case of an unscheduled halt of the quotes flow on the trading server caused by a hardware or software failure, the Company reserves the right to synchronize the quotes database on the server with other sources in order to reestablish the continuity of the quotes flow history. In such cases, the Company is entitled, but not obliged, to revise the financial results of the Client’s trading operations executed within this time period.
7.5.7. The Client accepts the risk of performing unplanned trading operations in the event of submitting an order second time before receiving information about the results of a previous order processing by Dealer.
7.6. Risk of communication failure
7.6.1. The Client accepts the risk of any financial losses caused by the fact that he/she did not receive or received with delay any message from the Company.
7.6.2. The Client acknowledges that non-encrypted information sent via e-mail is not protected from unauthorized access.
7.6.3. The Client agrees that the Company has the right to delete messages received by the Client through an internal mail of the client terminal within three calendar days since the moment of the message sending.
7.6.4. The Client is fully liable for keeping confidential information received from the Company and accepts risks of any financial losses caused by unauthorized access of third parties to the trading account.
7.7. Risk of force majeure circumstances
7.7.1. The Client accepts the risks of financial losses caused by force majeure circumstances.
8. Force majeure circumstances
8.1. Force majeure circumstances shall include but not limited to: any actions, events or circumstances (including but not limited to any strikes, riots, mass disturbances and civil disturbances, terroristic acts, floods, extraordinary weather conditions, earthquakes, fire, wars, labor disputes, accidents, government actions, connection and power failures, equipment and software failures, etc) which in the reasonable opinion of the Company lead to destabilization of a market or markets of one or several tools, interruption of business, liquidation or closing of any market or absence of an event on the basis of which the Company sets quotes, or introduction of non- standard trading conditions at any market or towards any such event.
8.2. The Company having sound ground is entitled to define the borders of force majeure circumstances occurrence. In the event of force majeure circumstances the Company shall take all measures in good faith to notify the Client about force majeure circumstances.
8.3. The Client agrees that in the event of force majeure circumstances the Company is entitled (without limiting other Company rights according to the present Agreement) without prior written notification and any time to take any of the following actions:
a) Increase margin requests;
b) Close one or all open positions at a quote the Company reasonably finds correct;
c) Suspend or modify application of one or all of provisions of the present Agreement as long as force majeure circumstances do not allow the Company to follow these provisions;
d) Take or not take any actions towards the Company, the Client and other Clients, provided the Company has reasonable grounds for considering such actions reasonable in such circumstances;
e) Reconsider financial result of all Client trading operations, falling within force majeure circumstances, by changing quotes, opening/closing orders, or total deletion of orders.
9.1. The Client will not proceed and avoid proceeding in any action that could probably allow the irregular or unauthorized access or use of the Trading Platform. The Client accepts and understands that the Company reserves the right, at its sole discretion, to terminate or limit his access to the Trading Platform if it suspects that he allowed such use.
9.2. When using the Trading Platform the Client will not, whether by act or omission, do anything that will or may violate the integrity of the Platform or cause it to malfunction.
9.3. The Client is permitted to store, display, analyze, modify, reformat and print the information made available through the Trading Platform. The Client is not permitted to publish, transmit, or otherwise reproduce that information, in whole or in part, in any format to any third party without the Company’s consent. The Client may not alter, obscure or remove any copyright, trademark or any other notices that are provided on the Trading Platform.
9.4. The Client agrees to keep secret and not to disclose any Access Data to any third party.
9.5 The Client acknowledges that the Company bears no responsibility for any unauthorized third persons obtaining access to information, including logins, passwords, electronic currency accounts access, emails, electronic addresses, electronic communication and personal data, when the above are transmitted, using the internet or other network communication facilities, post, telephone, during oral or written conversation or any other means.
9.6 The client unconditionally guarantees that the source of the funds used for trading with PRUDENT INTERNATIONAL is legal and the funds were not received as a result of any illegal activity, fraud, money laundering or other illegal sources. Failure to comply with this rule will lead to account termination and a report to the legal authorities in all cases without exceptions. IN NO CIRCUMSTANCES the company or its partners and/or subsidiaries will bear any responsibility for any claims or complaints if such case arises.
10. If the Balance of the Client’s Trading Account equals zero, the Company has the right to delete such Trading Account in 60 days after the last trading or monetary operation was performed in this account with or without Written Notice to the Client.
11. The Client accepts and understands that the Company’s official language is English and the Client should always read and refer to the English Version of the Company’s Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English in the Company’s local websites is for informational purposes only and does not bind the Company or has any legal effect whatsoever. The Company shall not bear any responsibility or liability regarding the correctness of the information therein.