Trading CFDs requires skills, knowledge, and understanding of relevant risks and is not suitable for everyone; Leveraged trading activity involves substantial risk of losing all invested funds within a short time period.
Trading CFDs requires skills, knowledge, and understanding of relevant risks and is not suitable for everyone; Leveraged trading activity involves substantial risk of losing all invested funds within a short time period.
1.1. CIELSO KAPITAL (hereafter the “Company”) is a Financial Services Provider that provides financial services through its online trading platform (hereafter the “trading platforms”), offering a premier trading experience to you, the client (also referred to as the “customer,” “client,” or “you”). The Company is operated by Éclat Technologies Limited, located at 20 Redwood Street, Example City, Example Country. Registration Number: C201262. The Company is authorized and regulated by the Financial Services Commission (“FSC”) of Example Country, with License Number GB23201707 as an authorized Investment Dealer. Services are provided only where authorized.
1.2. This Agreement is entered by and between the Company and the Client (which may be a legal entity or a natural person) who has completed the Account Opening Application and has been accepted by the Company as a Client.
1.3. We reserve the right to change this Agreement at any time and notify you of any such change either via email or through the Company’s website. You agree to continue to be bound by any such amended Terms and that the Company has no obligation to notify you of such amendments. You acknowledge that it is your responsibility to check these Terms periodically for changes and that your continued use of the Services offered by the Company following the posting of any changes to the Terms indicates your acceptance of any such changes. Any changes to the Agreement will not apply to transactions performed prior to the date on which the changes become effective unless specifically agreed otherwise. In case you disagree with the changes, you may terminate the Agreement in accordance with the Termination section.
2.1. You may communicate with us using the communication details in the “Contact Us” section of our website.
2.2. The language of communication shall be English, and you will receive documents and other information from us in English. However, where appropriate and for your convenience, we will endeavor to communicate with you in other languages. By accepting and agreeing to the Terms and Conditions of this Agreement, you accept the following terms and conditions.
2.3. The Company is free to use any idea, concept, know-how, or technique contained in your communications for any purpose including, but not limited to, developing and marketing products. The Company monitors your communications to evaluate the quality of service you receive, your compliance with this Agreement, the security of the website, or for other reasons. You agree that such monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which the Company monitors your communications.
3.1. Services are available and reserved only for individuals or legal entities that have established a legally binding contract under the laws applicable in their country of residence. Without limiting the below mentioned terms, our Services are not available to people under the age of 18 or who have not attained the legal age (“Minors”). To avoid any doubt, we disclaim any liability for unauthorized use by Minors of our Services in any manner or another.
3.2. Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illegal, and the Company reserves the right to refuse and/or cancel access to its Services to anyone at its sole convenience.
3.3. For the avoidance of doubt, the ability to access our website does not necessarily mean that our Services, and/or your activities through it, are legal under the laws, regulations, or directives relevant to your country of residency.
4.1. “Account” means the personal trading account the Client maintains with the Company and designated with a particular account number.
4.2. “Account Opening Application” shall mean the application form/questionnaire completed by the Client to apply for the Company’s Services under this Agreement and a Client Account, via which form/questionnaire the Company will obtain, among other things, information for the Client’s identification and due diligence, as well as classification and appropriateness or suitability (as applicable) in accordance with the Applicable Laws and Regulations.
4.3. “Access Codes” or “Log In Information” means the username and password given by the Company to the Client for accessing the Company’s website.
4.4. “Agreement” or “Policy” means these Terms and Conditions for the Services offered by the Company.
4.5. “Applicable Regulations” means applicable authority regulations and any other applicable law.
4.6. “Balance” means the sum held on behalf of the Client on its Client Account within any period.
4.7. “Business Day” means a day which is not a Saturday, or a Sunday, or a public holiday in the relevant jurisdiction, or any other holiday to be announced by the Company on its website.
4.8. “Company’s Website” means the following website: www.cielsokapital.com.
4.9. “Execution” means the execution of Clients’ orders on the Company’s trading platform, where the Company acts as an agent to the Clients’ transactions.
4.10. “Financial Markets” means international financial markets in which the financial instruments’ exchange rates are determined in multi-party trade.
4.11. “Financial Instruments” means any of the financial instruments offered by the Company.
4.12. “Liquidity Provider” shall mean a third-party company that underwrites or provides the financing for transactions and makes a market for a given asset.
4.13. “MTF” means the Multilateral Trading Facility.
4.14. “Operating (Trading) Time of the Company” means the period within a business week, during which the Company’s trading terminal provides the opportunity for trading operations.
4.15. The Company reserves the right to alter this period as it sees fit, upon notification to the Client.
4.16. “Order” means the request or instruction given by the Client to the Company to Open or Close a Trading Position in the Client’s Account.
4.17. “Services” means the investment and ancillary services which will be provided by the Company to the Clients and are governed by this Agreement, as described in Paragraph 5 of this Agreement.
4.18. “Transaction” means any type of transaction subject to this Agreement, effected in the Client’s trading account(s) including but not limited to Deposits, Withdrawals, Open Trades, Closed Trades, and any other transaction of any financial instrument.
4.19. In this Agreement, words denoting the singular also include the plural (and vice versa). Words referring to natural persons may also refer to legal persons (and vice versa). Any reference to “Paragraphs,” “Sections,” or “Appendices” concerns the corresponding sections of this Agreement.
4.20. The headings of the Sections are only used for ease of reference and do not affect their interpretation. References to any law or regulation include references to that law or regulation as amended, replaced, extended, re-enacted, or interpreted from time to time.
5.1. The following are the investment services which the Company is authorized to provide and which are governed by this Agreement (the “Services”):
5.2. In addition, the Company will provide you with the following ancillary services:
5.3. It shall be noted that the Company deals on an execution-only basis and does not advise on the merits of Transactions or their taxation consequences.
5.4. You assume all responsibility regarding any investment strategy, transaction, or investment, including tax costs and any consequences arising from any transaction you perform. The Company shall not be held responsible, nor shall you rely on the Company for the aforementioned.
5.5. Our Services allow you to enter transactions with the Company for leveraged trading of Contracts for Difference (“CFDs”), which give you the opportunity to get exposure to price movements of various underlying assets—such as securities, commodities, indices, and other financial instruments (the “Underlying Assets”)—without purchasing or gaining control in the Underlying Assets. CFDs are over-the-counter derivative instruments, which are not traded on any exchange and do not provide their holder with any rights in or to the Underlying Asset.
5.6. Each CFD is denominated in a certain base currency (“Base Currency”). The profit/loss of each CFD is determined by changes in the Underlying Asset’s price against the Base Currency, from the time of opening the CFD until its closing.
5.7. You can enter a leveraged CFD transaction with us by placing an order on the Trading Platform (the “Order”). The Order shall state your position—“buy” (long) or “sell” (short)—the size of the Transaction, the leverage rate, and the Rate (as defined below). By submitting an Order, you represent that you have reviewed all the terms of the Order and confirm they match your intention. You acknowledge that once an Order is submitted, it may not be canceled by you. When we receive your Order, we will provide you with an electronic acknowledgement of receipt, but we will only be bound by an Order when the details of the Order are reported as executed on the Trading Platform.
5.8. We provide quotes for our Rates on a best-efforts basis. If a Market Disruption Event or an Event Outside of Our Control occurs, we may not be able to provide a quote for our Rate or execute Transactions during the Market Hours set out on our website.
5.9. We may accept Orders by telephone. If you place an Order by telephone: (i) your oral instruction will constitute an Order to enter a Transaction at the Rates we quote; (ii) Orders placed by telephone will only be accepted at the current Rate; (iii) you can place an Order by telephone only by talking directly to an authorized person. We will not accept an Order left with other employees, on an answering machine, or on a voice mail facility; and (iv) an Order will only be valid when our authorized person confirms that the Order has been accepted. After we execute the Transaction, we will update your Account accordingly.
5.10. You may place an electronic Order on the Trading Platform at any time, or you may place a telephone Order with an authorized dealer during our Trading Hours, as set out on the Website. However, we will execute Transactions only during times that coincide with both our Trading Hours and the Market Hours for the relevant Market. Market Hours are as stated in the Market Information on the Website, which may change from time to time.
5.11. By placing an Order, you represent that you have fully understood:
5.12. As soon as reasonably practicable after you place an Order (which may be almost instant but can vary depending on the circumstances), we may make the required checks (including, but not limited to, internal risk procedures, AML/KYC process, and compliance functions). Subject to their satisfactory completion, we shall accept your Order and execute it (the “Execution”). Until Execution, any Order you place shall be considered pending and not completed, and shall not be binding on us in any way. Once Execution occurs, the Transaction shall become binding on both you and us.
5.13. If we identify any error, including but not limited to the terms of an offer on the Website, we may refuse to accept your Order, and either close it or offer you an opportunity to enter into a Transaction that reflects the correct terms.
5.14. You acknowledge that you may not cancel your Transactions. Once an Order is Executed (and becomes a Transaction), your only recourse to terminate the Order is by closing it at the closing Rate available at that time. The Company reserves the right to deny processing any Order or to cancel any pending Transaction for any reason whatsoever including, without limitation, (i) if required to do so by law, regulation, competent court order, or other competent authority; (ii) if the Company considers any such Order or Transaction to be in violation of these Terms, or applicable law or regulation; or (iii) if any such Transaction places the Company’s operation, reputation, or goodwill at risk. Additionally, the Company may take further actions in accordance with these Terms or other applicable laws and regulations. The Liquidity Provider is the sole Execution Venue for the execution of Client Orders. The Company acts as an agent on the Client’s behalf, and the sole Execution Venue for executing Client Orders is the Liquidity Provider.
5.15. Rollover
We may allow an open Transaction to be rolled over in accordance with your instructions. If we agree to roll over an open Transaction, the original open Transaction is closed and becomes due for settlement at the Rate at the time of closing, and a new Order is opened to establish a fresh open Transaction for the relevant Market. The times at which we will close open Transactions that are rolled over are stated in the Market Information on our Website.
5.16. Overnight Financing
When trading CFDs, your open Transactions are subject to Overnight Financing at the end of each trading day. This Overnight Financing may be subject to credit or debit, calculated based on the relevant interest rates for the currencies in which the underlying instrument is traded, plus a mark-up. The mark-up for certain instruments is indicated in the Market Information page on our Website; it may vary for exotic instruments, and may differ between buy (long) and sell (short) positions. If the Overnight Financing Percentage is positive, an applicable amount will be credited to your Account. A negative Overnight Financing Percentage means the applicable amount will be debited from your Account. You can find the relevant Overnight Financing percentages, amounts, and their running times on the Order form, under the Market Information tab. To calculate the Overnight Financing applied to your Account, multiply the Overnight Financing percentage by the size of your Order. The running time for Overnight Financing is listed in the Order form under “Overnight Financing (GMT).” The displayed value and percentage of an instrument’s Overnight Financing apply for one (1) day. CFDs that are traded five (5) days a week are credited or debited 3 times the displayed value during the last trading day of its underlying asset’s trading week, covering the weekend period.
5.17. Margin Amount
Before placing an Order that creates an open Transaction, you must ensure that your Account balance is sufficient to cover the required funds (the “Margin Amount”). If your Account balance is less than the Margin Amount required for the open Transaction, we may (and will, where legally required) reject your Transaction. The Margin Amount must be maintained until the open Transaction is closed and may fluctuate until then.
The applicable Margin Amount may vary depending on the Underlying Asset and your Account categorization. Details of the applicable Margin Amount are provided on our Website. Non-standard Margin Amounts may apply in certain cases, including but not limited to: (i) for certain markets derived from options or options-related financial instruments; (ii) when you hold positions in two or more Markets in the same Underlying Assets; and (iii) when the quantity of a Transaction exceeds our maximum quantity threshold. The Company reserves the right to change the way it calculates Margin Amounts at any time and may notify you of such changes in writing, by email, or via our Website.
5.18. Closing Margin Requirement
If the Total Margin for your Account reaches or falls below the Closing Margin Requirement, this will be classified as a Termination Event under the Termination section. In such instances, we may (and will, where required by law) close all or any of your open Transactions immediately, with or without notice. We may also refuse to execute new Transactions until your Total Margin exceeds the Closing Margin Requirement. It is your responsibility to continuously monitor your Account and maintain the Total Margin above the Closing Margin Requirement. While we may attempt to notify you before we take any action, we are not obliged to do so. The relevant Closing Margin Requirement may be altered at any time, and the Company will provide notice of such changes via our Website or other means available to us. Please note that while the Closing Margin Requirement is designed to limit your trading losses, we do not guarantee that open Transactions will always be closed out when the Total Margin falls below the Closing Margin Requirement, or that your losses will be limited to the amount of funds in your Account.
6.1. When you register for the Services, the Company will ask you to provide certain identifying information as part of the account-opening procedure. This information allows us to identify you and categorize you according to the Company’s “Client Classification Policy.”
6.2. This information is collected in line with our stringent verification procedures, which are used to prevent international money laundering activities and to ensure the security and safety of your trading activity, as detailed in the Company’s “Privacy Policy.”
6.3. If you are registering as a legal entity, you hereby declare that you have the authority to bind that entity to this Agreement. The Company will treat the information you entrust to the Company with the utmost care, in accordance with disclosures provided during the Registration process and in its Privacy Policy.
6.4. By registering with the Company, you confirm and agree that you consent to the use of all or part of the information you supply concerning your trading account, the transactions you undertake through it, and the interactions you perform with the Company, for the Company’s own purposes. All interactions you undertake with the Company will be stored by the Company for record-keeping, as required by applicable law, and may be used by the Company in cases of disputes or upon request of any competent authority.
7.1. Know Your Customer (KYC) policies have become increasingly important globally, particularly among banks and other financial institutions, to prevent identity theft, money laundering, financial fraud, and terrorist activity.
7.2. The Company may request sensitive personal information in order to combat fraudulent activity.
7.3. The Company holds a zero-tolerance policy for fraud and takes all possible measures to prevent it. Any fraudulent activity will be documented, and all related accounts will be immediately closed. All funds in those accounts will be forfeited. A full refund of the original deposit will be made once fraudulent activity is confirmed, and any losses/profits will be adjusted accordingly. After the full refund is made, the client’s account will be definitively closed.
7.4. The Company aims to ensure the integrity of any sensitive data obtained, including your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires certain data from you, including your preferred deposit method.
7.5. To use our Services and initiate any Transaction, you must open an Account through our website and undergo our registration process, including (but not limited to) our KYC process. This may include, without limitation, your name, identification number, date of birth, email address, postal address, and telephone number, as applicable. You will use your Log-In to access your Account and Registration Details, as well as to access any other information posted to your Account (such as transactional activity) once you have been approved to use our Services.
7.6. During this verification process, we may require you to provide certain documents, which may include, without limitation, proof of address (e.g., a recent utility bill in your name and address) and a copy of a government-issued ID document (valid for at least the next 6 months).
7.7. You understand and accept that we are under no obligation to accept any documents as valid. In addition to documentation, we may verify your identity through video and/or audio calls.
7.8. We may request additional KYC information and/or documentation at our sole discretion, at any time during our relationship. We may suspend or restrict your use of any or all of our Services until we have received the information/documents we request.
7.9. Along with the KYC process, we have implemented anti-money laundering and counter-terrorism financing policies (“AML Policy”). These procedures help identify and mitigate the risks of financial crimes, including money laundering and terrorism financing.
7.10. To fulfill our KYC/AML processes, we may perform background checks directly or through third-party service providers. You consent to our transfer of your information for legitimate business purposes, including completion of KYC/AML checks. We will retain KYC/AML information as long as necessary to comply with our legal obligations.
7.11. We reserve the right to take any action we deem necessary based on the results of our KYC/AML processes. If you fail these checks for any reason, your access to our Services may be limited or denied, and we may report our findings (including your personal information) to the appropriate authorities. Our decisions regarding KYC/AML outcomes are at our sole and absolute discretion, and we are under no obligation to disclose the nature of our findings.
7.12. You warrant and represent that all Registration Details you provide are true, accurate, and complete, and that you will promptly update such details in the event of any changes.
7.13. We strongly recommend submitting all necessary documents as soon as possible to avoid delays in processing transactions. We require receipt of all required documents prior to processing any transactions to your benefit.
7.14. You may scan or take digital photographs of your documents, save them as JPEG files, and send them to us by email at [email protected] (example address).
7.15. The Company takes the security of your documentation very seriously and treats all received documents with the strictest confidentiality, in accordance with our Privacy Policy.
8.1. The Company does not advise the Client on the merits of particular orders or provide any form of investment advice. The Client alone decides how to handle their Account, place Orders, and make relevant decisions based on their own judgment.
8.2. The Company is not under any obligation to provide the Client with legal, tax, or other advice related to any Transactions. The Client may wish to seek independent advice prior to entering a Transaction.
8.3. From time to time, the Company may provide market commentary, news, or other information through its website, emails, newsletters, or otherwise. However, such information is provided solely to enable the Client to make their own investment decisions and does not constitute investment advice or financial promotions.
8.4. The Company does not provide investment, financial, legal, tax, or regulatory advice, nor recommendations. Any analysis or material relating to the market is considered marketing communication and should not be interpreted as advice, recommendation, or research.
9.1. You confirm that any funds provided to the Company for trading purposes belong exclusively to you, are free of any lien, pledge, or other encumbrance, and are not derived directly or indirectly from criminal or illegal activity.
9.2. You warrant that you act solely on your own behalf and not as a representative or trustee of a third person unless you have provided adequate documentation and power of attorney documents satisfying the Company’s requirements.
9.3. If the Company has adequate evidence that funds received are derived from illegal activities or belong to a third party, the Company reserves the right to refund the net amount to the sender and may reverse any relevant Transactions. The Company also reserves the right to take legal action against you for any damages it may incur.
9.4. You declare that you are over 18 years old if you are a natural person or have full legal capacity if you are a legal person.
9.5. You accept that all transactions related to the trade of Financial Instruments will be carried out solely through the Company’s Trading Platforms, and such Financial Instruments are not transferable to any other Trading Platform.
9.6. You guarantee the authenticity and validity of all documents you provide to the Company. You also acknowledge that the Company cannot provide legal advice regarding the legality of the Services in your jurisdiction.
9.7. You understand that you are solely responsible for maintaining the confidentiality of your Log-In, Account, and Registration Details, as well as the security of your personal computer and any device you use to access the Website.
9.8. In the event you become aware of any unauthorized access to your Account, you must immediately notify us. You understand that any compromise of your Log-In or Account information may result in unauthorized access by third parties and potential loss of your funds.
9.9. If you have knowledge of unauthorized access, you should immediately notify us with relevant details.
9.10. You affirm that your use of our Website and Services, including opening an Account, complies with all applicable laws and regulations. Engaging in criminal or fraudulent acts through our Website or Services is strictly prohibited.
9.11. You agree not to engage in or attempt to engage in any illegal activities, including but not limited to fraud, money laundering, terrorist financing, or malicious hacking. You also agree to not conceal or alter your IP location and to always disclose accurate information.
By accessing the Platform, you agree not to use it in an abusive manner through actions such as lag trading, server latency, or price manipulation, which may constitute market abuse. Such practices include but are not limited to:
If the Company identifies such abusive techniques, it reserves the right to cancel your trading orders, reclaim any historic trading profits gained through abuse, and/or immediately terminate your account under the Terms and Conditions.
You are not allowed to access or use the Services or the Website if you are located, incorporated, or otherwise established in, or a citizen or resident of any jurisdiction where such provision of services is unauthorized or illegal. The Company may, at its sole discretion, implement controls to restrict access to the Services or the Website in these restricted jurisdictions. If we find that you are accessing the Services from a restricted jurisdiction or have provided false representations about your location, we reserve the right to close your account immediately and liquidate any open positions.
12.1. The Company, as well as any related entities, will perform transactions in good faith and with due diligence but shall not be held liable for any omissions, intentional or otherwise, or fraud by any party from whom the Company receives instructions. Nor shall the Company be liable if such omissions or fraud result from the Company’s own negligence, deliberate omission, or fraud.
12.2. The Company will not be liable for lost opportunities resulting in losses or reductions (or gains) in the value of your Financial Instruments.
12.3. You shall fully indemnify the Company for any claims, losses, damages, liabilities, or expenses arising from the Company providing Services, including any disposal of Financial Instruments. The Company bears no responsibility for such losses/expenses/liabilities/claims; it is solely your liability.
12.4. The Company shall not be held liable for any damage resulting from any omission, negligence, deliberate omission, or fraud by the bank where the Company’s account is maintained.
12.5. The Company shall not be liable for the loss of Financial Instruments and funds where the assets are held by a third-party bank, or for actions based on inaccurate information prior to being updated by you.
12.6. The Company strives to ensure that the banks and institutions where your funds or instruments are deposited are reputable. However, the Company shall not be held liable if such a bank or institution undergoes liquidation or receivership, leading to loss of funds or instruments.
12.7. Without limitation, the Company will not be liable for system errors, delays, viruses, unauthorized use, or actions directed by a market, clearinghouse, or regulatory body. Refer to the Risk Disclosure for more on technical risks.
12.8. The Company shall not be liable for delays or interruptions due to force majeure or events beyond its control (e.g., breakdowns, malfunctions, industrial action, acts of terrorism, or acts of God).
12.9. You acknowledge that you are responsible for reviewing expiration dates for CFDs, located on the Company’s official website.
12.10. Neither the Company nor its directors, officers, employees, or agents shall be liable for any losses, damages, costs, or expenses resulting from negligence, breach of contract, misrepresentation, or otherwise, incurred by you under this Agreement. Under no circumstance shall the Company be liable for special or consequential damages, loss of profits, loss of goodwill, or loss of business opportunity.
12.11. You agree to indemnify the Company for any losses or liabilities (including legal fees) the Company may incur resulting from your misrepresentation, violation of obligations, or from the Company enforcing its rights.
12.12. You agree to defend, indemnify, and hold harmless the Company and its representatives from any claims, liabilities, damages, or costs (including attorneys’ fees) arising from your breach of these Terms, your use of the Website or Services, or your violation of any law or the rights of any third party.
12.13. You acknowledge that you have not relied on any representation or statement not contained in this Agreement. The Company will not be liable for any representations not set out in this Agreement.
13.1. How can I withdraw funds from my account?
To avoid delays in receiving your funds, ensure that all your documentation is correct, up to date, and verified before submitting a withdrawal request. For credit card withdrawals, front and back copies of the card must be submitted. For expired cards, copies of the new card must also be submitted.
13.2. Verification stages include:
Once your account is verified, log in to your account, go to the withdrawal section, fill in the required information, and submit your request. We aim to process all withdrawals within 3-7 business days.
13.3. What payment methods can I use for withdrawing funds?
Withdrawals can be made to your verified credit card or via wire transfer. For security reasons, the first time you use a new payment method, you must verify it. No withdrawals will be processed until all requested documents are received. Please note that all withdrawals are processed back to the source of the deposit. Once all deposits have been refunded, an alternative payment method may be used.
13.4. Can I withdraw my funds in a different currency?
Funds are transferred in the currency your account is registered in. If your bank account is in a different currency, you may incur conversion fees, which are not covered by the Company.
13.5. Why is my withdrawal delayed or suspended?
The Company reserves the right to delay a withdrawal if there is suspicion of illegal activity or abuse of the trading system. We are not obligated to inform you of investigations or legal actions without authority consent.
13.6. How long does it take to get my money?
We aim to process all withdrawal requests as quickly as possible, typically within 3-5 business days from the date your withdrawal request is approved. Delays may occur due to credit card refund processing times or intermediary bank delays, which are outside our control.
13.7. How can I deposit?
The Company accepts deposits through bank accounts (or methods linked to a bank account, e.g., credit card) in the name of the customer establishing a business relationship with the Company.
13.8. Do you accept anonymous or 3rd party deposits?
Third-party deposits are only accepted if a 3rd Party Form has been completed and the 3rd party has provided the necessary KYC documentation, which is also subject to the Company’s approval.
13.9. How long does it take for a deposit to be credited to my account?
Deposits are credited to the client’s trading account within 1 business day from the time the funds are reflected in the Company’s bank account.
13.10. Wire transfers
If the Company makes a mistake during the transfer, it will be corrected at our cost. If the client provides incorrect instructions, the Company may be unable to correct the mistake, and the client may bear the loss. Additional fees may be charged by intermediary banks, which are beyond our business scope. The Company may request documentation to confirm the legality of the source of any funds deposited. The Company reserves the right to reject or suggest alternative methods for withdrawal requests. The Company reserves the right to seek reimbursement if a chargeback occurs for any reason, including by deducting from your trading account or by lawful means.
This Order Execution Policy (the “Policy”) is available upon request and is posted on our Website. The Policy ensures that clients can make an informed decision about utilizing our services.
14.1. Instruments
The Company executes orders only in relation to financial instruments as defined in these Terms.
14.2. Execution Policy
The Company takes reasonable steps to obtain the best possible result for client orders, promptly records and allocates executed orders, and informs clients of any material difficulty in carrying out orders. Our Dealing Room is the principal department responsible for this policy. The Company establishes and maintains an Order Execution Policy to ensure best execution and to comply with its obligations, considering client ability, needs, and trading policies. When executing an order following specific client instructions, the Company is deemed to have discharged its best execution obligations.
14.2.1. Review
Senior Management reviews the policy at least annually or whenever a material change occurs. We reserve the right to amend or supplement this Policy at any time and will inform relevant parties of material changes.
14.2.2. Execution Factors
In the absence of specific client instructions, the Company takes all reasonable steps to achieve the best outcome, considering factors such as:
14.2.3. Best Execution Criteria
The Company weighs these factors against criteria including the client’s characteristics (retail or professional), the order's characteristics, the financial instruments involved, and the nature of relevant execution venues. Total consideration (price plus cost) typically has priority over other factors unless specific circumstances dictate otherwise.
14.3. Execution Venues
Execution venues are entities to which orders are placed or transmitted. Our main Execution Venue is a third-party liquidity provider. The Company executes client orders by acting as a broker (STP).
14.4. Analysis of Execution Factors
14.4.1. Pricing
Prices are obtained from external sources, and the Company ensures best execution primarily by
comparing prices from multiple providers. Market volatility or technology issues may lead to small
deviations in execution price.
14.4.2. Costs
Commission or financing fees may apply when opening a position. Commissions may be fixed or a
percentage of the total trade value.
14.4.3. Size
The size of the order affects liquidity and price. The Company sets minimum order sizes, which may
differ by account type.
14.4.4. Speed
Prices change over time, potentially very quickly. Connectivity or technology issues can cause delays
in execution.
14.5. Nature of the Order
Depends on the selected instrument, volatility, and risk management choices.
14.6. Market Conditions and Variations
Quoted prices are derived from external sources and may be affected by numerous factors. The
Company aims to provide competitive pricing under various market conditions.
14.7. Likelihood of Execution
The Company relies on third-party liquidity providers, which affects execution likelihood. We may
decline orders when the required liquidity is unavailable.
14.8. Likelihood of Settlement
All transactions settle upon execution or at the time of contract expiration.
14.9. Aggregation and Allocation of Orders
We may aggregate comparable client orders if it does not disadvantage the client. Any partial
execution is allocated pro-rata unless you and the Company agree otherwise.
14.10. Order Management
The Company aims to handle client orders equitably and promptly. Comparable orders are processed
sequentially and in accordance with time of receipt.
14.11. Partial Execution
If partial execution occurs, the executed portion is allocated on a pro-rata basis, unless executing
the order fully at once is possible on more favorable terms.
14.12. Monitoring
The Company regularly monitors transactions to ensure compliance with this Policy and to confirm
that best execution is achieved.
14.13. Conclusion
The Company provides clients with this Policy and obtains their consent prior to order execution.
Where a client’s specific instructions conflict with this Policy, those instructions take precedence.
15.1. Refuse to Execute Orders
The Company may refuse to execute any Order at its sole discretion without obligation to provide notice or explanation, including cases such as:
15.2. Cancellation of Transactions
The Company may cancel a transaction if it has adequate reasons to believe that:
15.3. Usage of Third-Party Software
The use of robots or automated third-party trading software is strictly prohibited. Any related orders will be canceled. Repeated violations may lead to termination of the account.
The Company proceeds to settle all transactions upon execution. The acquisition of a financial contract is complete once its terms are finalized, the margin or premium is calculated, and payment is verified. You agree to be personally liable for the due settlement of every transaction in your Account.
17.1. Client funds for trading are kept in a segregated account with a reputable bank or financial institution designated by the Company.
17.2. By accepting this Agreement, you authorize the Company to make deposits and withdrawals from this account on your behalf, including settlement of transactions under this Agreement or any amounts payable by you to the Company.
17.3. Any amount payable by the Company to you will be paid directly to you (a bank account beneficially owned by you). Withdrawal requests are processed within the timeframe indicated on the Company’s website, with additional time needed by your bank.
17.4. The Company retains the right of set-off. It may, without your authorization, consolidate any or all of your accounts for set-off purposes, and may combine or consolidate your Balances to satisfy outstanding debts.
17.5. You may withdraw funds not used for margin covering at any time, unless your request violates conditions of this Agreement, or if there is reason for the Company to delay pending additional documentation or compliance.
17.6. Bank charges may apply to any withdrawal. You are fully responsible for the accuracy of the bank details you provide. The Company is not responsible for any funds sent to an incorrect account.
17.7. The Company credits incoming client funds net of any bank charges, once the sender’s identification is verified and matches the Company’s KYC requirements.
17.8. The Company may decline certain withdrawal methods and suggest alternatives. If you do not comply with additional documentation requests, the Company may reverse the withdrawal back to your trading account.
17.9. We generally process withdrawal requests within three (3) business days. Please allow additional time for external banking processes.
17.10. If an amount credited to your Account is reversed by the bank provider, the Company immediately reverses the deposit from your Account and may reverse any corresponding transactions.
17.11. You agree to waive any right to receive interest on the funds held in the segregated account, and the Company has no obligation to pay interest on these funds.
18.1. Chargebacks
You agree not to initiate chargebacks or reverse any payment made. You will reimburse us for any
chargebacks or reversals of payments, including costs for any dispute. If you do initiate a chargeback,
we may cease to provide Services, terminate this Agreement, and withhold payments to you.
18.2. Excess Payments/Delivery
If we erroneously transfer excess funds to you for any reason, you agree to return such excess to us,
and we may deduct it from any future payments owed to you.
18.3. Set-off
The Company may at any time set off any amount owed by you to us against any amount we hold for
you, in any of your Accounts.
18.4. Binding Calculations
All calculations made by or on behalf of the Company under this Agreement are final and binding,
absent manifest error.
The Company has adopted a Complaints Procedure to ensure a fair and prompt process for handling disputes arising from our relationship.
19.1. Submitting Your Complaint
If you have a complaint, please email us according to the “Contact Us” details on our Website. Include your full name, trading account number, and the nature of the complaint. Anonymous complaints are not accepted.
19.2. Acknowledging Your Complaint
We will acknowledge receipt within five (5) days and provide you with a unique reference number.
19.3. Handling of Your Complaint
We will investigate your complaint and attempt to resolve it within two (2) months. We will keep you informed during the investigation. If additional time is required, we will send a holding response within the initial two (2) months and finalize our investigation no later than one (1) month after the holding response.
19.4. Final Decision
When we have reached a conclusion, we will inform you in writing of our findings, along with any remedy measures we intend to take, if applicable. If you fail to respond within three (3) months, we may consider the complaint closed.
20.1. The Company does not provide advice or consider your individual objectives. You should carefully consider whether leveraged trading is suitable for you. Do not trade if you do not understand or cannot afford the associated risks. Please read our full Risk Disclosure Policy carefully.
20.2. Price fluctuations can be significant. You may lose all or more than your initial investment due to leverage.
20.3. Past performance information does not guarantee current or future performance of any asset.
20.4. Leverage amplifies both gains and losses. Ensure you understand the risks of using leverage.
20.5. The Company may adjust your account leverage without prior notice.
20.6. The maximum leverage for retail clients varies by underlying asset. Examples:
21.1. Client Termination
You may terminate your account at any time by notifying the Company. Any outstanding amounts due to the Company become payable immediately. Any open positions must be closed. If you hold multiple currency accounts and wish to terminate all of them, you may select a base currency for consolidation. If we suspect illegal activity, the termination process may be extended until we complete our investigation.
21.2. Company Termination
The Company may suspend or terminate your account if it suspects a violation of its policies or any illegal activity. The Company may refund or withhold your funds, partially or fully, following an investigation. Upon decision to terminate, we will notify you, and the process will complete in no more than thirty (30) days unless exceptional circumstances require an extension. The Company retains transactional records for at least five (5) years.
22.1. You shall pay any charges agreed with you and any fees imposed by a clearing organization, as well as interest on any amount due at our prevailing rates. A detailed analysis of all Fees, Costs, and Charges can be found on our Website.
22.2. You are responsible for any value-added tax or other taxes that may arise from transactions performed on your behalf.
22.3. All payments must be made in the currency specified by the Company to the designated bank account, without deduction or withholding.
22.4. The Company may share charges with partners or other intermediaries. More information regarding such fees can be provided upon request.
22.5. Before trading, you should carefully consider all applicable costs, such as spreads, commissions, or swaps, which are available on the Website.
22.6. Charges may not all be expressed in monetary terms but can also appear as pips, which vary depending on the instrument.
22.7. The margin requirement is the proportion of the total position size that you must provide as collateral, directly affecting leverage. Margin requirements may vary by currency pair, account type, liquidity provider, and market conditions.
22.8. Fees such as swaps, spreads, and other commissions for each asset class are subject to continuous fluctuations. Before opening a trade, always check the most current charges in the Market Information tab on the Company’s platform.
23.1. Definitions:
23.1.1. Internal Cost Transfer: The movement of costs, expenses, or charges between different trading accounts under the same entity or ownership.
23.1.2. Trading Accounts: The various sub trading accounts used by the entity/individual, each identified by a unique number.
23.1.3. Entity: The business or individual who owns and operates the trading accounts.
23.1.4. Costs: All fees or charges transferred between trading accounts (e.g., trading fees, brokerage fees, interest charges, administrative costs).
23.2. Eligibility
Internal cost transfers are permitted only between trading accounts under the same entity or individual, all accounts being in good standing and fully compliant with regulatory requirements.
23.3. Authorization
Internal cost transfers must be requested by the account holder or other authorized personnel.
23.4. Transfer Process
The internal transfer will be charged once you request the movement of an amount from one sub trading account to another within your portfolio. This fee is a percentage of the transferred amount and is applied regardless of the accounts’ base currency, per the following schedule:
Transfers are generally processed within a reasonable time after submission.
24.1. Fees may apply if there is no activity (deposits, withdrawals, or trading) on your Trading Account for at least three (3) months. This fee covers the continued availability of your Trading Account:
You agree that the Company may deduct these fees from any funds held on your behalf.
25.1. You acknowledge that you are solely responsible for any applicable taxes related to your transactions on the Website or through the Services, such as VAT. The Company does not provide tax advice. You are responsible for reporting and paying all taxes in your jurisdiction. Unless otherwise stated, all amounts payable by you are exclusive of any taxes, which are your liability. We may debit your Account for any payments the Company must make on your behalf.
26.1. The brand names related to the Website, and any other trademarks, service marks, or trade names used by us or our partners (“Partners”), are owned by us or our Partners (the “Trademarks”). We and/or our Partners also own all Intellectual Property Rights (“IPR”) to the content of the Website (the “Content”). Your use of the Website or Services does not grant you any rights to the Trademarks or Content.
26.2. “Intellectual Property Rights” refers to any and all rights, whether registered or unregistered, such as patents, trademarks, designs, databases, know-how, and trade secrets, existing in any part of the world.
26.3. You undertake not to do any of the following without our express permission:
26.4. You will be liable for any losses or damages arising from prohibited actions. If you become aware of any prohibited actions by a third party, you agree to notify us and assist in any investigation.
26.5. We shall not be liable for viruses or similar issues resulting from your use of the internet. We recommend you use reliable virus-protection software and carefully handle any electronic communication purporting to originate from the Company. Always access our Services only via the official Website address.
27.1. This Agreement remains valid for an indefinite period until terminated by either party.
27.2. The Agreement may be amended in the following instances:
28.1. Unless otherwise specified, any notice or communication you send to the Company must be in writing and sent to our mailing address as indicated on our website, or by any other means the Company specifies. Notices take effect once received by the Company.
29.1. You acknowledge that the Company may record telephone conversations without a warning tone to ensure accurate records of Orders and other information. Such records are our sole property and will be accepted by you as evidence of Orders.
30.1. You acknowledge that no representations have been made by or on behalf of the Company to induce you to enter this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions remain valid. You must take all necessary measures to enable the Company to fulfill its obligations. Additional information about the Company’s operations is available on our website.
31.1. The Company shall not be liable for delays or failures to perform caused by circumstances beyond its reasonable control, such as acts of God, war, terrorism, strikes, communication failures, or hardware malfunctions.
32.1. This Agreement and all business relations between you and the Company are governed by the laws of Example Country. Any dispute arising shall be subject to the exclusive jurisdiction of the courts of Example Country, unless otherwise required by law.
33.1. All communications between the Company and the Customer (e.g., emails referencing these Terms or amendments) shall be legally binding as though in writing, and may constitute a “digital signature.”
LAST UPDATED 05/06/2024
