1. Terms and Definitions

1.1 This document, hereinafter referred to as the Agreement, uses the following terms and definitions:

“Affiliate” means, with respect to the Company, any entity controlled by the Company or controlling the Company directly or indirectly, as well as any entity under common control with the Company directly or indirectly. Control” herein shall mean ownership of a controlling interest in the Company or any of the foregoing entities.

“Quote Base” – information about the Quote Stream stored on the Company’s Server.

“Base Currency” – the currency specified first in the Currency Pair, at the exchange rate of which the Client buys or sells the quoted currency.

“Balance” – the aggregate financial result of all completed transactions and

money transfer operations that are carried out on the Trading Account.

“Trading Account Currency” – the currency selected by the Client at the time of opening the Trading Account.

“Quote Currency” – the currency specified by the second currency in the Currency Pair that the Client buys or sells to obtain the Base Currency.

“Currency Pair” – an object of a Trading Operation which has as its basis the change in value of one currency in relation to another currency.
“Website” – the Company’s website, as well as any other website which the Company recognizes as official and which it may maintain from time to time for access by Clients.
“Client Data” – any data, documentation or other information obtained by the Company directly from the Client or otherwise regarding the Client, the Client’s Account, or the provision or use of the Services by the Client.
“Data Submission Date” – each of the data submission dates that the parties have stipulated.
“Long Position” – the purchase of an Instrument with the expectation of a rate increase. Or, in the case of Currency Pairs, the purchase of the Base Currency against the Quote Currency.
“Precious Metal” or “Spot Metal” – cash gold or silver.
“Quote Request” or “Request” – an instruction from the Client to the Company to obtain a quote, which is not an obligation of the Client to execute a transaction.
“Indicative Quote” – A Quote for which the Company may not accept any instruction or execute any Order.
“Instrument” – any financial assets offered by the Company for trading: currency pair, spot metals, contract for difference and others.
“Company” means Fin Quickly.

“Leverage” or “Leverage to Equity Ratio” means the ratio of 1:25, 1:50, 1:100, 1:200, 1:500, 1:1000, etc. between the Initial Margin and the Trading Volume. For opening a position, the ratio of 1:100 means that the Initial Margin is one hundred times less than the Trading Volume. Other ratios may be published on the Company’s website.
“Client” – any eligible legal entity or individual, excluding individuals under the age of eighteen and stateless persons, who has completed the Client Registration Form on the Company’s website.
“Short Position” – a transaction for the sale of a currency that is profitable when market prices fall. in relation to Currency Pairs: the selling rate of the Base Currency against the Quote Currency.
“Quote” – information about the current Rate of the Instrument expressed in the form of Bid and Ask prices
“Rate” – in relation to Currency Pairs means the value of a unit of the Base Currency expressed in the Quote Currency. For Precious Metal means the price per troy ounce of Precious Metal expressed in the currency specified for this Instrument in the Contract Specifications.

“Client Terminal Log-File” – a file created by the Client Terminal that logs all requests and orders sent by the Company’s Client to the nearest second.
“Server log-file” – a file that is created by the Server and which logs all requests and orders received from the Company’s Client, as well as the results of their processing with the accuracy of up to a second.
“Lot” – a standard transaction amount, the amount of the volume of Base currency, troy ounces, Securities, Precious metal on the Trading platform.
“Locked Positions” – positions of the same volume Short and Long, including but not limited to any trading and non-trading operations, opened by the Company for the same Instrument on the same Trading Account.
“Margin” or “Collateral” – the required guarantee funds specified in the Contract Specifications for each Instrument to maintain Open Positions.
“Margin Trading” – trading in currencies and other futures transactions on the exchange market, in which the Client may carry out Trading Operations. In this case it is allowed to have significantly less funds on the Trading Account than it is necessary, based on the Volume of the Trading Operation.
“Illegal Income” – income received as a result of the occurrence of the following.

Event of Default, breach of any of the provisions of the Regulatory Documents or misquotation.
“Required Margin” means the cash collateral required by the Company to maintain open positions. It is specified on the Company’s Website in the Contract Specifications for each Instrument.
“Normal Market Conditions” – a market where there are no significant gaps in the Quote Flow on the Trading Platform, as well as rapid price movements and large Price Gaps.
“Volume of the Trading Operation” – multiplication of the lot size by the number of lots.
“Agreed Procedure” – any procedure related to a Dispute and agreed between the Parties, excluding the Dispute Resolution Procedure, which the Parties have the right to amend.
“Order” – the Client’s instruction to perform a trading operation (for example, to open or close a position when the price reaches the order level).
“Open Position” – A Short or Long position that is not a Complete Finished Transaction.
“Erroneous Quotes” – Quotes that have entered the Client Terminal due to a system technical error.
“Initial Margin” – the margin required by the Company to open a position.
“Floating Profit”, “Floating Loss” – current profit or loss on Open Positions, which are calculated on current Quotes.

“Liquidity Provider” means a bank or electronic system for buying and selling exchange traded commodities (ECN) that provides streaming prices to the Company. May be used by the Company to hedge client trades.
“Quote Flow” – the process of receipt of Quotes for each Instrument into the Trading Platform.
“Lot Size” – the Company’s trading terms as specified in the Contract Specification: the number of Securities, Base Currency Units, Underlying Assets or Troy Ounces of Precious Metal in a single Lot.
“Market Conditions Other Than Normal” – conditions that differ from Normal Market Conditions in terms of low liquidity, price gaps, rapid price changes.
“Free Margin” – funds on the Trading Account that can be used to open a position. It is calculated according to the formula: Funds [minus] Required Margin.
“Server” – a software product that: processes client requests and orders; provides the Client with information about trading on financial markets in real time and in the volume determined by the Company; keeps records of mutual obligations between the Client and the Company in accordance with the terms of the Regulatory and Legal Documents.
“Contract Specification” – basic trading conditions for Trading Instruments: Lot Size, Spread, Initial Margin, Hedged Margin, etc. Displayed on the Company’s Website.
“Spread” – the difference in pips between the Ask Price and the Bid Price.

“Funds” – the current state of the Client’s account, determined according to the formula: Balance [plus] Floating Profit [minus] Floating Loss.
“Third Party Service Provider” – a legal entity that will perform all or part of the operations of the respective position for both Parties and that is agreed upon by these Parties.
“Trading Account” – a unique personalized system of registration and accounting of all trading operations with financial instruments performed by the Client: Complete Finished Transactions, Orders, Open Positions, deposit or withdrawal transactions in the Trading Platform and other cash flows.
“Trading Operation” or “Transaction” means any transaction entered into by or on behalf of the Client in accordance with the Agreement and the Transaction Regulations.
“Trading Platform” – all technical means and programs provided by the Company, consisting of the Server and the Client Terminal, which allow: to carry out Trading Operations; to receive Quotes in real time; to place / modify / delete / execute Orders and to calculate all mutual obligations existing between the Client and the Company.
“Margin Level” – the ratio of the Funds to the Required Margin expressed as a percentage. It is calculated by the formula: (Funds / Required Margin) × 100%.
“Order Level” – the price indicated in the Order.

“Services” – services rendered by the Company to the Client specified in Clause 4 of this Agreement.
“Client Registration Form” – an application form to be filled out by the Client in the “Personal Cabinet” service on the Company’s Website for registration.
“Force Majeure” – the meaning of the term is specified in Clause 16 of the Agreement.
“Hedged Margin” – sufficient margin required by the Company to open and maintain Opposite Directional Positions. A detailed description can be found in the Contract Specifications.
“Ask Price” or “Ask” – the higher Quote price at which the Client can buy currency.
“Bid Price” or “Bid” means the lower Quotation price at which the Client can sell the currency.
“Price Gap” means:
1) The current Ask is lower than the Bid at the previous Quote; or
2) The current Bid is higher than the Ask on the previous Quote.
“Stop Loss” means a Trade Order that may be attached to a previously opened position to close it at a price less favorable to the Client than the current price at the time the order is placed.
“Stop Out” – an order generated by the Server to forcibly close all or part of previously opened positions. Closing is performed in case of insufficient funds to maintain the Open Position without the Client’s consent and prior notification thereof.
“Take Profit” – a Trade Order that can be attached to a previously opened position to close it at a price more favorable to the Client than the current price at the time of placing the Order.

2 General Provisions

2.1 This Client Agreement (hereinafter referred to as the “Agreement”) is between the Company and the Client.
2.2 The Company shall be understood to mean Fin Quickly.
2.3 The terms and Definitions used in the Agreement are set out in Clause 1 (hereinafter “Terms and Definitions”).
2.4 The Agreement constitutes the entire agreement between the Client and the Company in conjunction with the following documents as set out on the Company’s Website under “Contracts and Regulations” as may be amended or supplemented from time to time (collectively, the “Legal and Regulatory Documents”): Regulations on Trading Operations, Regulations on Transactions, Regulations on Provision of “PAMM Account” Service, Statement on Risk Disclosure and other Regulatory Legal Documents.
2.5 The function of Regulatory and Legal Documents is to regulate the order of realization of all trading and non-trading operations of the Client in the Company. They should be carefully reviewed by the Client as they contain important information which the Company is obliged to provide to the Client in accordance with the applicable provisions of the Law.
2.6 The Regulatory and Legal Documents, as amended from time to time, set out the terms on which the Securities Broker may deal with the Client in respect of Instruments.

2.7 Securities Broker acts not as the Client’s agent but as a direct party to the agreement in relation to each of the Client’s Trading Operations. The Securities Broker will therefore regard the Client as a client in all respects and the Client shall be fully and directly liable for the performance of his obligations under any Trading Operation carried out by him (unless otherwise agreed).
2.8 If the Client acts on his own behalf or for any other person, whether or not the Client discloses his identity, the Company will not consider the above person to be an indirect client and will not have any obligations to that person (unless otherwise agreed).

3. Entry into force

3.1 The Agreement shall be deemed to be the initial agreement for the provision of services to the Client by the Company relating to individual transactions or a series of consecutive transactions, including Trading Operations with Instruments.
3.2 This Agreement is concluded electronically and is effective remotely. The Client shall not be entitled to cancel the Agreement on the sole ground that it is concluded remotely in electronic form.
3.3 The terms and conditions of the Regulatory Documents shall be deemed to be accepted by the Client unconditionally on the date on which the Client receives notice from the Securities Broker in accordance with Clause 4.1 and shall remain in force until terminated by either Party.

4. Activation of myAlpari and Trading account

4.1 The Client’s Personal Cabinet will be activated only after:
1) the Company receives the Client’s completed Client Registration Form from the Client;
2) the Client accepts the terms and conditions of the Regulatory Documents;
3) The Company checks the identification documents;
4) The Company will approve the Client’s deposit and withdrawal methods;
5) the Securities Broker will notify the Client of the activation.
4.2 The Company has the right at its sole discretion to refuse the Client to register a Personal Account on the basis of the documentation received from the Client, even if it is filled out by the Client properly and completely.
4.3 In order for the Client to start using his/her Trading Account, he/she must make a minimum initial deposit.
4.4 After activation of myAlpari and the Trading Account, the Client will be able to see the amount due to him as an account balance in myAlpari at any time and will be entitled to withdraw it on request.

5. Services

5.1 Services provided by the Company to the Client:
1) investment: execution of the Client’s Orders regarding financial instruments at the Client’s own expense, receipt and transmission of orders;
2) with foreign currency: in connection with the provision of Investment Services according to Clause 5.1_1) of the Agreement;
3) custody and control of financial instruments: including related services such as cash collateral management services described in Clause 7 of the Agreement. If applicable, provided at the Client’s expense;
4) on providing the Client with access to information: on the analysis of his investments, as well as any other information relevant to the Client in relation to his financial instruments;
5) on deposit insurance: the account shall be insured against full or partial loss of funds (if the amount of the withdrawal request with open transactions on the Client’s account exposes other users to risk when using margin leverage, if the company has notified about the change of the insurance regulations by mail to the Client), at the request of the regulatory body of the company’s licensee;
6) on legalization of profits received by the Client: assistance in opening an account in a foreign bank, registration of an offshore company for legalization of income.
7) on conversion of funds: at their withdrawal (at the Client’s expense);

5.2 The Company provides the above Services to the Client on condition that the Client fully fulfills the Client’s obligations arising in accordance with the Regulatory and Legal Documents and taking into account other rights of the Company provided by the Regulatory and Legal Documents. The Company provides the Client with the opportunity to perform operations provided for by the Agreement and the Regulatory and Legal Documents, using the Website Tools and opportunities of the Personal Cabinet only if the Client fulfills all obligations under the above documents.
5.3 The Company carries out all Trading operations with the Client on the principle of “execution only”. The Company has the right to carry out Trading operations, despite the fact that any of these operations may be disadvantageous for the Client.
5.4 Securities Broker has the right to provide the Client, and the Client has the right to request the Securities Broker to provide the Client with personal recommendations and investment advice in relation to any Trading Operations, as well as the opinions of the Securities Broker’s experts, which may motivate the Client to carry out any Trading Operation.

5.5 The Company may provide information and advice at its discretion and on a periodic basis. The above information may be published as news on the Company’s Website, provided to subscribers as a newsletter via the Website or otherwise. Any recommendations or analytical reports of the Company may be published on one or more ee information services interfaces. In this case:
1) the above information is provided to the Client solely to enable the Client to make his/her own investment decisions and does not constitute investment advice or promotion of a financial product of the Company not claimed by the Client;
2) The Company does not provide the Client with any guarantees and warranties regarding the tax consequences of any Trading Operation, as well as regarding the completeness and accuracy of the above information;
3) The Company does not make any representations regarding the timing of receipt of the above information by the Client and does not guarantee that the Client will receive this information at the same time as other clients of the Company.
4) the above information, including market news and comments, may be changed or deleted by the Company at any time without notice to the Client.

5) the information does not necessarily take into account the laws or relevant legal regulations of the country in which the Client is a resident. It follows that it is the Client’s responsibility to independently comply with the above provisions.
6) if any document of the Company contains any restriction regarding a person or category of persons for whom the document is not intended, the Client undertakes not to transfer the document to any person or category of persons mentioned above;
5.6 The Securities Broker has no obligations (unless otherwise specified in the Regulatory and Legal Documents): to monitor any Client’s Trading Operation or notify the Client of its status; to close any Client’s Open Positions; to make margin calls.
5.7 The Company does not provide physical delivery of the Underlying Asset of any Instrument in relation to any Trading Operation. The Client’s gains or losses from exchange rate differences on any Trading Operation will be reflected on his Trading Account immediately after the Trading Operation is closed.

5.8 The Client is obliged to provide sufficient information at the request of the Securities Broker about his/her investment experience and knowledge to enable the Securities Broker to assess whether a particular service or product is suitable for the Client. The Securities Broker will assume that the above information provided by the Client is accurate and will not be liable to the Client if the information is incomplete or misleading, or if it is altered or inaccurate (unless the Client notifies the Securities Broker of such alterations).
5.9 The Client undertakes to disclose his/her personal data upon request to the Company, registered as a data controller under the Law, for identification, administrative and business purposes in order to fulfill his/her legal and contractual obligations under this and other agreements of the parties. The required information and documents about the Client shall include the Client’s full name, date and place of birth, address, jurisdiction of residence/registration, bank account number. The Client agrees to provide the data required by the Company with the right to transfer them to lawyers, auditors, financial advisors and other service providers and counterparties with whom the Company enters into agreements.

5.10 The Company has the right to refuse to provide Services to the Client at any time at its discretion without explanation. The Client agrees that the Company is not obliged to inform him about the reasons for its refusal, as well as the fact that the Company reserves the right to suspend, postpone, change the conditions of rendering Services in case of Market Conditions different from normal.
5.11 The Company reserves the right to close, suspend or cancel any Trading Operation if it suspects any fraudulent or misleading activity on the Client’s account(s). Such activities may include, for example, arbitrage buying and selling transactions, manipulative activities, any other fraudulent activity otherwise relating to or connected with any Trading Operation. Also, the Company reserves the right to close, suspend or cancel any Trade Operation, which occurred as a result of any technical error or incorrect configuration on the Server. In this case, the Company will not be liable for the cancellation of the Trading Operation or revenues and for any damage or loss that may arise as a result of the suspension, closure, or cancelation of the Trading Operation. The Company will be entitled to deduct any income that it considers to have been wrongfully received by the Client and to charge the costs associated with it.

5.12 All Requests from the Client will be considered by the Company in terms of their size. If the size of the Request is larger than the Company can execute at the moment in accordance with the current market conditions, at the sole discretion of the Company the Order may be rejected or partially executed.

5.13 The Client accepts and confirms that all trading and non-trading history stored in his Personal Area will be available for viewing and downloading at any time.

5.14 In case the client became a subject of financial monitoring (blocking of the wallet over the network) funds on the client’s account undergo the process of withdrawal through the respondent banks servicing cryptographic smart contracts conversion of the client’s funds into the national currency of the client after providing the data of the recipient bank of the company.

6. Exchange of information

6.1 Rules of information exchange between the Securities Broker and the Client are set forth in the Trading Operations Regulations, which are available on the Securities Broker’s Website in the section “Agreements and Regulations”.

6.2 The Client agrees that he/she undertakes to submit Requests and Orders exclusively through the Client Terminal in accordance with the above mentioned Regulations of Trading Operations.

7. Commissions and other charges

7.1 The Company undertakes to display all applicable commissions and other charges on the Contract Specification page on the Company’s Website in the Trading Conditions section and may make changes to them without the need to provide the Client with prior written notice. Proper notification of these changes will be considered the very fact of their publication on the Company’s Website.

7.2 The Client is obliged to pay to the Securities Broker the above mentioned commissions, pay all stamp duties necessary for the execution of Trading Operations and bear other costs provided for by this Agreement and the Regulatory and Legal Documents.

7.3 The Securities Broker may send, and the Client agrees to receive notices in the event of payment by the Securities Broker of any commissions or fees to any third party who has provided the Securities Broker with the Client or is acting on the Client’s behalf.

7.4 The Client shall be personally responsible for all reporting and tax returns filed by him in respect of any Trading Transactions which are required to be submitted to any relevant governmental or other authority and for the payment by him of all taxes arising in connection with any Trading Transaction, including without limitation value added tax and securities or property transfer tax.

7.5 All Client’s funds are kept on the Company’s accounts, including segregated accounts opened in the name of the Company to hold Client’s funds separately from their own.
7.6 The Securities Broker does not charge commission for opening and maintenance of the account.
7.7 The Company does not charge commission for deposit and withdrawal of funds, the commission may be charged by the payment systems used by the Client.

8. Conflict of Interest and Material Interest

8.1 In cases where the Securities Broker deals with or on behalf of the Client, the Securities Broker or any person related or affiliated to the Securities Broker may have an interest or arrangement that is material to the Trading Transaction in question or that may be contrary to the Client’s interests. In such cases the Company may:
1) carry out transactions with Instruments as a principal for its own account through the purchase of an Instrument from the Client or the sale of an Instrument to the Client;
2) carry out Long or Short position holding and other transactions with any Instrument the Securities Broker offers to the Client;
3) to coordinate the Client’s Trading Operations with himself or with another Client, acting on behalf of the Client or on behalf of another Client;
4) provide advice and services to other clients of the Company or any parties related to the Company who may have an interest in the Underlying Assets or investments of the Client, where such interest may conflict with the interests of the Client;

8.2 The Client authorizes the Securities Broker to deal on behalf of the Client without prior notice in any manner the Securities Broker deems appropriate, notwithstanding any conflict of interest or pecuniary interest of the parties in the Trade;
8.3 The Company’s employees are bound by the Company’s independence policy and are required to disregard any conflict of interest or pecuniary interest when providing advice to the Client.

9. Limitation of Liability and Indemnification

9.1 The Client acknowledges that the Securities Broker is not responsible for the usefulness of the information, advice or recommendations provided. The Client acknowledges that the Company shall not be liable for any costs, losses, expenses or damages incurred by the Client as a result of any inaccuracy or error in any information provided to the Client, including information relating to any Trading Transactions, excluding such losses incurred by the Client as a result of malicious acts, fraud or gross negligence on the part of the Company.

9.2 Subject to the fact that the Company has the right to close or cancel any Trade in the circumstances set out in the Regulatory Documents, that Trade after the error or inaccuracy referred to in Clause 9.1 shall nevertheless remain valid and binding in all respects on both the Company and the Client.
9.3 The Company will not be liable for any loss or expense incurred by the Client arising directly or indirectly from c:
1) the Trading Operations conducted through the Client Terminal;
2) any delay caused by the Client Terminal or any failure of the Trading Platform;
3) any violation of the Company’s obligations specified in the Regulatory and Legal Documents, which occurred for reasons beyond its control;
4) negligence or any other actions of any third party.
9.3 At the request of the Securities Broker, the Client undertakes to indemnify the Securities Broker against all costs, expenses, liabilities or claims incurred by the Securities Broker as a result of the Client’s direct or indirect failure to fulfill any of his obligations under the Regulatory Documents.

9.4 The Securities Broker will under no circumstances be liable to the Client for any lost profits or gains (including in relation to successive market movements), for any direct or indirect losses, costs, expenses or damages that the Client may incur in accordance with the Regulatory Documents, unless otherwise agreed in the Trading Regulations.

10. Amendment and termination of the Agreement

10.1 Securities Broker has the right to unilaterally amend the terms and conditions of the Regulatory Documents at any time, of which he is obliged to provide the Client with a notice by e-mail or publish information about the above changes on his Website.
10.2 Either party shall have the right to terminate this Agreement by giving written notice to the other party.
10.3 Upon termination of this Agreement the Company has the right to stop providing the Client with access to the Trading Platform without prior notice.

10.4 Upon termination of this Agreement, all amounts, fees and commissions payable by the Client to the Securities Broker will be immediately due and payable, including (but not limited to):
1) any operating expenses incurred by the Securities Broker in connection with the termination of this Agreement and in connection with the transfer of the Client’s investments to another investment firm;
2) any losses and expenses incurred by the Securities Broker in closing any of the Client’s Trading Operations and in settling or fulfilling any overdue obligations undertaken by the Securities Broker on behalf of the Client.
10.5 The Company has the right to deactivate the Client’s account without prior notice to the Client in the event that the Client places a deviating from the standard number of erroneous Requests, which have created an excessive load on the Company’s servers and may lead to a negative trading experience for other clients using these servers. Erroneous Requests may include, but are not limited to: a large number or excessive volume of Requests, orders with insufficient funds in the Client’s account, incorrect processing of Trading Operations or system logs, invalid steps or changes.

11 Use of the Trading Platform and security

11.1 When using the Trading Platform the Client may not allow such a result of actions or omissions that may violate the security of the platform or lead to improper operation. The Client may not perform any actions that could potentially lead to unauthorized access or inappropriate use of the Trading Platform. The Company may at its discretion terminate or limit the Client’s right of access to the Trading Platform if it suspects that the Client has allowed such use or attempted to carry out the above actions.
11.2 The Client has the right to analyze, store, modify, format, display and print information provided on the Company’s Trading Platform. The Client may not publish, reproduce or transfer in any way part or all of the information provided on the Company’s Trading Platform in any format to any third party without the Company’s consent. The Client shall not alter, delete or obscure any trademark and copyright or any other rights notices provided on the Company’s Trading Platform.

11.3 The Client undertakes to keep confidential and not to disclose any Access Data to the Trading Platform to any person. The Client undertakes to notify the Company immediately if he suspects that his Access Data may have been disclosed to any unauthorized person.
11.4 The Client agrees to assist the Company in any investigative activities the Company may undertake in relation to actual or suspected misuse of his Access Data.
11.5 The Client acknowledges that the Securities Broker will not be liable in the event that any unauthorized persons gain access to his personal information, which also includes: personal data, e-mail addresses and correspondence, when this information is transmitted via the Internet or other network communication media, by telephone or other electronic means.
11.6 The Client acknowledges that he/she is fully responsible for any orders or instructions given and provided to the Securities Broker on the basis of his/her Access Data and that any such orders or instructions will be deemed to have been received by the Securities Broker from the Client.

11.7 If the Securities Broker assumes that fraud, manipulative actions, swap arbitrage or other form of activity misleading the Client’s account(s) with the Securities Broker or unauthorized activity otherwise related to any Trading Operations has been committed, the Securities Broker shall have the right to close all open positions of the Client and shall have the right to add or deduct a penalty in an amount equivalent to the exchange proceeds and (or) income on all Trading Operations currently and (or) previously carried out on the account. Under the foregoing assumptions, the Company may also terminate all agreements with the Client, cancel all revenues received as a result of the foregoing, and refuse to accept any future Requests from the Client for relief from any swaps.

12. Personal Data and Telephone Records

12.1 The Securities Broker may use, store and process the Client’s personal data in connection with the provision of the Services to the Client.
12.2 If the Client is a natural person, the Securities Broker is obliged to provide the Client with a copy of a document containing his/her personal data upon the Client’s request and subject to the Client’s payment for this service (if available).
12.3 The Client consents to the Company transferring his/her data to any third parties for the effective provision of the Services or for the performance of any operational function performed in favor of the Client (e.g. reimbursement of the Client for his/her funds).

12.4 The Client agrees that any telephone conversations between him and the Securities Broker may be recorded and the recordings will remain the sole property of the Securities Broker and will be accepted by the Client as final evidence of his Orders / Requests or any other telephone conversations with the Securities Broker. The Client acknowledges that the Company may provide copies of transcripts of the above recordings to any regulatory authority, governmental body, court.

13. Consent to direct contact

13.1 The Client agrees that the Securities Broker may from time to time contact the Client directly by telephone or other means of communication for the purpose of marketing the Client’s products or financial services.

14. Confidentiality and Waiver

14.1 Client information held by the Securities Broker is of a confidential nature and shall not be used for any purpose other than the provision of Services by the Securities Broker to the Client. Confidential Information requires appropriate treatment provided that it is not legally owned by the Company and at the time of its receipt by the Company it was not subject to an obligation of confidentiality or non-disclosure, and provided that the information is not publicly available. Confidential Information may be disclosed by the Company to a third party only in the following cases:
1) at the request of courts, law enforcement agencies, regulatory authorities and similar bodies in whose jurisdiction the Company is located or as required by the Law.

2) in order to prevent or investigate illegal activities;
3) when the above information is required by the Company for the purposes of requesting or estimating the amount of credit, for identification purposes, for purposes related to the provision of Services, for the purposes of administration of the Client’s Trading Account;
4) when the above information is required by any third party or employees of the Company in connection with the provision of Services to the Client and (or) performance of their official duties in accordance with the Regulatory and Legal Documents;
5) when the above information is requested by the Client or any other person with the Client’s consent;
6) when the above information is required by lawyers, consultants or auditors of the Company, provided that in each particular case the relevant specialist will be notified of its confidential nature and has assumed the above-mentioned obligations not to disclose confidential information about the Client transferred to him.
7) when the above information is required for legal proceedings between the Client and the Company;
8) when the above information is required to resolve a public dispute between the Client and the Company.

15. Failure to fulfill obligations

15.1 The following events fall under “Events of Default”:
1) failure by the Client to fulfill any obligation specified in the Regulatory Documents;

2) failure by the Client to submit Initial and/or Hedged Margin or any other amount payable under the Regulatory Documents;
3) if the Client is a natural person, the initiation by any third party of bankruptcy proceedings against the Client;
4) if the Client is a legal entity, the initiation by any third party of legal proceedings for its liquidation or for the appointment of a receiver or administrator in respect of the Client and/or any assets of the Client;
5) in cases 3) and 4) of Clause 15.1 of the Agreement, if the Client enters into a settlement agreement with its creditors, as well as if any proceedings are initiated against the Client which are similar to any of the above actions and proceedings;
6) if any representation or warranty made by the Client pursuant to Clause 17 of the Agreement is or becomes false;
7) if the Client is unable to repay any debts owed to the Company when due;
8) if the Client, being a natural person, becomes incapacitated due to mental disorder or dies;

9) if the Client makes any attempts to engage in activities defined by the Company as manipulative, fraudulent, swap arbitrage or other activities of a misleading or fraudulent nature on any of the Client’s accounts opened with the Company;
10) if the Client has engaged in trading: which can be categorized as market manipulation, which can be characterized as excessive trading in order to benefit from price changes in the market without legitimate intentions, by means of arbitrage or relying on price lag;
11) upon the occurrence of any circumstance where the Company believes that the preferred course of action is to take any of the measures specified in Clause 18.5 of this Agreement;
15.2 Upon the occurrence of any of the Events of Default specified in Clause 15.1, the Company may take any of the following actions at any time without giving prior written notice to the Client:
1) close any or all parts of the Client’s Open Positions at the current Quotes;
2) close any or all parts of the Client’s Trading Accounts with the Company;
3) write off the amounts due to the Company from the Client’s Trading Account;
4) reduce the Client’s Trading Account Balance by the amount of income received illegally;
5) refuse to open a new Trading Account for the Client.

16. Force majeure circumstances

16.1 The Company has the right to determine at its reasoned discretion whether a Force Majeure Event has occurred. In the event that a Force Majeure Event has occurred, the Company may determine at its reasonable discretion whether or not any Force Majeure Event has occurred:

1) any events, actions or occurrences that in the Company’s reasonable discretion prevent it from properly maintaining market conditions on the Instruments, including (but not limited to): wars, strikes, mass and civil unrest, acts of terrorism, natural disasters, storms, fires, floods, accidents, force majeure, electronic or communications equipment failures, power failures, supplier failures, actions of governmental authorities, employer’s refusal to provide work to its subordinates;
2) the closure, suspension or liquidation of any market; the non-occurrence or cancellation of any of the events on which the Company’s Quotes depend; the imposition of restrictions, non-standard or special trading conditions on any of the above markets or on any event specified above.
16.2 If the Company reasonably believes that a Force Majeure Event exists, it may, without prior Written Notice to the Client and at any time, take any of the following measures, but without prejudice to other rights arising under the Legal and Regulatory Documents:
1) increase margin requirements;
2) close Open Positions at prices that the Company reasonably deems appropriate;

3) modify, suspend or freeze the application of any terms of the Regulatory Documents to the extent that Force Majeure circumstances prevent or make it impractical for the Company to comply with them;
4) take any other measures that the Company reasonably considers appropriate in circumstances of Force Majeure in relation to the position of the Company, the Customer and other customers or refrain from taking such measures.

17. Denial of a Claim

17.1 The Company may refuse to satisfy a claim made by the Client.
17.2 If scheduled technical works have been carried out on the Server and the Securities Broker has notified the Client of this in advance by any means, any claims made by the Client in respect of any unexecuted Orders given during the period of the above mentioned works will not be accepted. The fact that the Client has not received the above notice shall not be grounds for a claim by the Client.
17.3 The Company will not accept claims based on the difference between the price of the underlying asset of a CFD and the execution price of an Order or Order under a CFD.
17.4 Claims regarding the time of execution of an Order will not be accepted regardless of the time interval required for its execution and regardless of the time when the record of its execution appeared in the Server Log-File, unless the execution of the Order placed in the queue has not been carried out in accordance with the Trading Rules.

17.5 No claims will be accepted regarding the annulment of the financial results of Trading Operations, which were made by the Client on the additional margin formed on the Trading Account as a result of a profitable transaction on a quote received by him as a result of a clear error of the Company and subsequently canceled by it or on a non-market quote.

17.6 The Client acknowledges that he will not be able to control open positions or give Orders to open new positions while a Dispute in respect of any disputed position is under consideration by the Securities Broker and that no claims in this respect will be accepted.

17.7 The Company shall be entitled to cancel any Trade if the relevant hedging trade has been canceled by the Liquidity Provider and shall not accept any claim from the Client in respect of this circumstance.

18. Dispute Resolution Procedure

18.1 When considering Disputes, any references by the Client to quotes of other information systems and companies shall not be taken into account and shall be deemed unlawful.

18.2 The Client acknowledges and assumes all risks associated with the fact that the Company has the right not to notify him/her that the Dispute has been settled and the disputed position has been restored.

18.3 Upon settlement of the Dispute the Securities Broker is entitled to execute a Take Profit or Stop Loss order of the disputed position depending on which of these orders would have been chronologically crossed by the price of the first one if the position had not been closed due to the Dispute.

18.4 In the event of any conflict situation where the Client reasonably believes that the Securities Broker has violated the provisions of the Regulatory and Legal Documents as a result of any of his actions or omissions, the Client shall be entitled to submit a claim to the Securities Broker within five business days of the occurrence of the Dispute or conflict situation.

18.5 In the event that the Parties are unable to resolve Disputes by negotiation, they shall submit such Disputes to the courts of the Republic of Vanuatu after applying pre-trial proceedings to resolve such Disputes in accordance with the laws of Vanuatu.

19. Recognition of Risks and Notification of Risks

19.1 The Client acknowledges that he is aware of the materiality of the risk of loss and damage arising from the purchase or sale of any Instrument and that he assumes the above risk.

20. Applicable Law and Jurisdiction

20.1 The provisions of the Agreement shall be construed in accordance with and governed by the laws of the Republic of Vanuatu.

20.2 In the event of a Dispute arising between the parties in connection with the Agreement, the Client irrevocably acknowledges that they will in the first instance seek to resolve the Dispute in accordance with the dispute resolution procedure set out in Clause 18 of this Agreement.