The Client Agreement
1.1.This Client Agreement (hereinafter Agreement) is concluded between Dividendcare Limited (3/F, GOLDEN LEAGUEBUILDING, 76–82 CASTLE PEAK ROAD, KOWLOON, HONG KONG) and the Client (physical or legal person) (the Client), together referred to as the "Parties" for the purpose of regulation of the legal relations between the Client and the Company.
1.2.The Client accepts this Client Agreement before opening a trading account with the Company to conduct transactions in the OTC markets through the trading platform provided by the Company, confirms that he has read, and fully understands the terms of this Agreement and its annexes.
1.3.In order to start working with the Company, the Client needs to go through the registration procedure on the Company's official website, fill out a form and all necessary documents within the framework of the KYC procedure, including, if necessary, for the anti-money laundering and terrorist financing.
1.4.The company reserves the right to request any additional documents.
1.5.The Company can accept the Client if he/she is of legal age, legally capable and able to make independent decisions.
1.6.Nothing in this Agreement can limit the right of the Company to refuse the Client to open a trading account.
1.7.The Company presumes that the Client provides complete, reliable, valid and relevant information.
1.8.When opening a Trading Account, an individual number is assigned to it and a password is recorded to a trading account. These data are confidential, and the Client is responsible for their non-disclosure to third parties.
1.9.The currency of the Client's trading account is the US dollar or Euro. In case of making a deposit in other currencies, the amounts are converted into the currency of the trading account based on the quotes provided, and the Company is not liable for losses incurred by the Client as a result of such conversion.
1.10.The Client is responsible for monitoring his trading account.
1.11.The Company is not responsible for any results on the Client's trading account.
1.12.If the Client assigns a Co-beneficiary of the trading account, the Company as specified in paragraph 1.3 of this Agreement shall verify the Co-beneficiary.
1.13.All Co-beneficiaries of the trading account jointly form the concept of the Client and bear joint responsibility for their trading account. Instructions and orders of one Co-beneficiary are considered instructions and orders of the Client, and notices sent by the Company to one Co-beneficiary are considered to be sent to the Client. Nevertheless, in the event of sufficient circumstances, the Company has the right to request confirmation of the instruction or order by all Co-beneficiaries of the trading account. More detailed information on joint trading accounts is contained in Annex A Assignment of the Co-beneficiary of the trading account.
2.Advices and suggestions
2.1.The Company's services do not include the provision of investment advices on financial instruments, the underlying market or assets. The Client makes decisions on his trading account at his own discretion, how to deal with his account, place orders, and makes appropriate decisions based on his own judgment.
2.2.The Company has the right to provide the Client (by posting on its website or otherwise) with the information, news, comments or other information, whereas the Company is not responsible for this information, does not provide guarantees regarding the accuracy, correctness, timeliness and completeness of such information and does not make any assurances regarding the timely receipt by the Client of such information.
2.3.The materials described in this article may be modified and deleted at any time without prior notice.
3.Orders placement and execution
3.1.The Client can place an order on the CompanyТs Platform himself or by a voice order, providing his secret access data.
3.2. The quotes of financial tools provided by the Company can differ from the quotes from other sources, and such differences are not grounds for making claims against the Company.
3.3.The Company reserves the right to review the results of the Client's orders if the Company reasonably believes that the orders were placed and/or executed with violations, including if these trades were made on non-market quotes, in case of a software failure, in the event that these trades were made with violation of the terms of this Agreement and its annexes.
3.4. The Company reserves the right to close one or all of the Client's positions in case if the Client violates the terms of this Agreement and its annexes.
3.5.Orders can be placed during the normal trading hours of the Company, on its Platform and/or on the website, with amendments made at the relevant time.
3.6.A rollover is charged for the transfer of an open position to the next day.
3.7.The orders to open a position are market orders Buy, Sell and pending orders Buy Limit, Buy Stop, Sell Limit, Sell Stop.
3.8.When opening a position, the Client undertakes to deposit a margin, the amount of which depends on the leverage, financial instrument and the volume of the order. In order to prevent forced closing of the position, the necessary condition is to maintain the margin level of the open position.
3.9. Open positions will be forcibly closed without prior notification in case the level of margin funds on the Client's trading account is less than or equal to the value of Stop Out.
3.10.The Company has the right to change the margin requirements.
3.11.The execution of the ClientТs order takes place at the current price at the moment of its processing, when the order is executed, slippage is possible, at which the order can be executed at the price closest to the one specified in the order.
3.12.The Client has the right to request from the Company a change in the amount of the leverage for his trading account. The Company has the right to reject such a request.
3.13.In order to reduce risks on the Client's trading account during unfavorable market conditions, for example during high volatility, the Company has the right, among other things:
3.13.1.Limit orders opening;
3.13.2.Change the leverage/spreads/ margin requirements.
4.Granting of license and platform
4.1.The Company grants the Client a limited non-exclusive non-transferable license to use the trading platform (s) for personal use with the purpose of placing orders on a particular financial instrument in accordance with the terms of the Client Agreement. In the event of termination of this Agreement, this license for usage of the trading platform is canceled. All rights for the trading platform are the property of the Company.
4.2.If the Platform contains third party software, its usage is also regulated by this Agreement.
4.3.The Company has the right to close the trading platform and the website at any time for its repair or maintenance without prior notice to the Client.
4.4.The company has the right to add, modify or delete any of the trading platforms.
4.5.The company does not guarantee that the trading platform will be available at any time and that it does not contain errors, defects, viruses and other objects with inoculative properties.
4.6.The Company is not liable to the Client for damage, destruction and/or formatting of its records and data due to malfunctions of its computer system, mobile phone or tablet.
4.7.The Company is not responsible for any such failures, delays or connectivity problems when using the trading platform.
5.1.The platform, copyrights, trademarks, trade names, program code, logos, layouts, graphics are the sole and exclusive intellectual property of the Company or third parties. Nothing in this Agreement affects the rights of the Company to its intellectual property.
5.2.The Company has the right to offer its services under various trademarks and on various websites.
5.3.The Client shall not modify, publish, transfer, distribute or otherwise reproduce for commercial purposes information that is the intellectual property of the Company in whole or in part without the written consent of the Company.
6.Funds deposit and withdrawal
6.1.The Client's trading account becomes active after the Client deposits the initial deposit. The minimum initial deposit may vary depending on the type of the Client's trading account.
6.2.The Client can make deposits to his trading account in one of the ways offered by the Company on its official website at the relevant time.
6.3.All deposits to the Client's trading account must be made from sources opened in the name of the Client. The Company does not accept anonymous payments, as well as payments from third parties.
6.4.The Company has the right to request from the Client any documentation in order to confirm the source of origin of funds deposited on the Client's trading account. The Company has the right to reject the Client's deposit if the Company is not sure of the legitimacy of the source of funds and recognize the Client's transactions of deposit of its trading account as doubtful in the event, including, among other things:
6.4.1.Carrying out of the ClientТs numerous deposits without performing trading operations;
6.4.2.Suspicion the Client of money laundering;
6.4.3.Provision by the Client of forged documents or documents that are not valid at the moment of sending;
6.4.4.Absence of communication with the Client on the contacts indicated at registration.
6.5.In case the Company recognizes the Client's deposits as doubtful, as described in the previous paragraph 6.4, the Company has the right:
6.5.1.To refuse the Client execution of any operations/operations on the trading account;
6.5.2.To terminate this Agreement unilaterally;
6.5.3.To take any other actions that the Company deems appropriate.
6.6.The company is not liable for the terms of receipt of a bank transfer, as well as for the term of the transfer of funds through electronic payment systems or bank cards. The Client fully understands and accepts the risks associated with the delay in the receipt of funds to the trading account of the Client.
6.7.In the event that the Client deposits his trading account in a currency other than the currency of the trading account, the funds are credited taking into account the currency conversion.
6.8.The Company has the right to impose restrictions on the minimum and maximum amounts of deposit to the Client's trading account, including a specific method of deposit.
6.9.In case the funds are not received on the trading account/from the trading account within a reasonable time, the Client agrees to notify the Company and provide the Company with the requested documents and inquiries for the investigation.
6.10.The Company shall execute the withdrawal of the Client's funds upon receipt of the relevant request from the Client, in accordance with the method established by the Company at the relevant time.
6.11.The Client has the right to cancel the request of funds withdrawal if the Company has not yet processed the request.
6.12.Withdrawal of funds from the trading account is executed on the sources of deposit that belong to the Client, proportionally to the amounts of deposits.
6.13.Withdrawal of the amount exceeding the total amount of the deposit is executed to the currency account that belongs to the Client.
6.14.If the Client requests withdrawal of funds in a manner that is not available at the relevant time, the Company has the right to propose an alternative way to withdraw funds of the Client. The Client hereby confirms that the Company is not responsible for any inconvenience and/or damage.
6.15.In the event that the currency in which the withdrawal of funds is executed from the Client's account is different from the currency of account of the withdrawal method, the withdrawal is carried out taking into account the currency conversion.
6.16.The Company reserves the right to impose restrictions on the minimum and maximum withdrawal of funds from the Client's trading account for a particular method of withdrawal.
6.17.All expenses associated with withdrawal of funds from the Client's trading account, regardless the method of withdrawal, shall be borne by the Client.
6.18.The Company executes the Client's request of withdrawal of funds from the trading account, within one to five business days, if:
6.18.1.The request of withdrawal of funds includes all necessary information;
6.18.2.In the request, a transfer is requested to sources used by the Client for depositing or to a bank account that belongs to the Client, according to clause 6.13 of this Agreement;
6.18.3.The trading account belongs to this Client;
6.18.4.At the moment of processing the withdrawal request, the balance of the Client's trading account is not less than the amount specified in the withdrawal request, including all commissions;
6.18.5.There are no circumstances of force majeure that prevent the Company from funds withdrawal;
6.18.6.The client has fulfilled his obligations to the Company;
6.18.7.A free margin is sufficient to execute a corresponding withdrawal request.
6.19.The Client may request an internal transfer of funds to another trading account in the Company of which he is the owner. Internal transfers are made according to the Company's current policy.
6.20.The client has no right to transfer funds to trading accounts of third parties in the Company.
7.1.Force majeure is a circumstance of insuperable force, which does not depend on the will of the parties of this Agreement, it is out of their control, but affects the execution of the present Agreement.
7.2. Force majeure consists of the following events, among other things:
7.2.1.The actions of the government, the outbreak of war or military operations, the threat of war, terrorist acts, the state of emergency in the country, rebels, civil disorders, sabotage, requisitioning, or any other international catastrophe, economic or political crisis that, in the Company's opinion, prevents it from maintaining normal functioning of market on one or more financial instruments;
7.2.2.Natural cataclysm, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic or other natural disaster or circumstance of force majeure;
7.2.3.The suspension of trading on the market, the liquidation or closure of any market, the fixing of minimum or maximum trading prices in the market on which the Company bases quotes, the impose of restrictions, special or non-standard terms of trade on the market;
7.2.4.A moratorium on financial services declared by the relevant regulatory authorities or by any other legal acts or regulations of regulatory, governmental, supervisory or supranational body;
7.2.5.Destruction, failure or malfunction of any electronic, network and communication lines;
7.2.6.Any event, action or circumstance that is not subject to the control of the Company, and also an influence of this event (s) that the Company is not able to take any reasonable action to ensure fulfillment of obligations;
7.2.7.Financial insolvency of any relevant provider, financial institution, broker-intermediary, liquidity provider, stock, clearing house for any reason that prevents the Company from fulfilling its obligations.
7.3.In case of force majeure circumstances, the Company reserves the right without prior notification:
7.3.1.Change trading and non-trading conditions and requirements.
7.3.2.Close any or all of the Client's open positions at a price that is fair in the opinion of the Company and based on the current market situation.
7.3.3.Suspend and/or change one or more paragraphs of this Agreement until the moment of termination of force majeure circumstances.
7.3.4.Suspend the Platform;
7.3.5.Reject new orders of the Client;
7.3.8.Change margin requirements;
7.3.9.Change Stop Out requirements;
7.3.10.Take any action or refuse to take any action, if the Company deems it reasonable.
7.4.The Company is not responsible for any damage arising because of the lack of fulfillment of the obligations under this Agreement in the situation of force majeure.
8.Limitation of responsibility
8.1.The Company is not responsible for any losses, costs, expenses or damages incurred by the Client as a result of inaccuracy or error in the information, recommendations, news, comments on the market, provided by the Company.
8.2.The Company is not liable for losses incurred by the Client in the event of:
8.2.1.Errors or failures of the trading platform, any technical problems, malfunctions, communication line failures, equipment or software, high Internet traffic, unauthorized access and similar computer problems.
8.2.2.Non-fulfillment by the Company of any of its obligations because of force majeure.
8.2.3.Actions, inactions or negligence of a third party.
8.2.5.Under abnormal market conditions.
8.2.6.Actions or inactions (including negligence or fraud) of the Client and/or his authorized representative.
8.3.The Client is obliged to compensate the Company for the damage incurred in the event that the Company and/or its employees encounter any claim of the Client, if the Company and/or its employees are not liable for the event.
8.4.The Company exclusively executes the Client's trading orders and is not responsible for their results.
9.1.All disputes and claims between the Parties of this Agreement shall be settled through peaceful negotiations.
9.2.In order to resolve disputes, the Client must send an e-mail to the Company's address indicated on the Company's official website or contact the Customer Service by phone number indicated on the Company's official website.
9.3.The Client is obliged to provide the Company with all the requested information and/or documents of the Client in order to resolve the disputable situation and/or considering the complaint.
9.4.The Company has the right to refuse to consider the claim in the event that such claim contains obscene language and/or insults or threats against the Company and/or its employees.
9.5.The Company does not compensate for moral damage and does not accept claims for lost profits.
9.6.If the parties have not settled the dispute through peaceful negotiations, the dispute will be settled according to the legislation of Hong Kong, regardless of the conflict of laws provisions.
10.Language and applicable legislation
10.1.Applicable law is the legislation of Hong Kong.
10.2.The official language of the Company is English, nevertheless the company has the right to provide Client support in other languages.
10.3.Materials in languages other than English are provided for information purposes.
11.ClientТs Obligations to the Company
11.1.The Client is obliged to provide the Company with complete, relevant and reliable information. The responsibility for providing incomplete, irrelevant and inaccurate information lies entirely with the Client.
11.2.The Client undertakes to use the intellectual property of the Company solely for the purposes for which it is provided and do not hide or delete copyright notices or other designations from the Company's intellectual property objects and also not reproduce for commercial purposes the information provided by the Company without the written consent of the Company.
11.3.The Client can act on behalf of a third party only if the Company gives its consent in writing, and all documents required by the Company in this case have been provided to the Company.
11.4.The Client hereby confirms that the funds used by the Client for trading are not the result of the Client's criminal activity and are not used for terrorism financing.
11.5.The Client confirms that at the time of commencement of work with the Company and in the course of the work, the Client is not a prominent politician (head of state, head of government, minister and deputy or assistant of ministers, member of parliaments, associate of supreme courts, constitutional courts or other judicial bodies of higher level, a member of the audit department or councils of central banks, an ambassador, an charge de affairs, a high-ranking military officer), as well as their children, spouses, partners, parents, and did not occupy this charge for one year before working with the Company.
11.6.The Client confirms that he understands the risks of trading with a leverage.
11.7.The Client agrees not to perform any actions that could damage the Company's computer system and notify the Company in case he knows or suspects of such a threat.
12.Broker of introduction
12.1.The Client confirms that he is aware that the Company is not responsible for the actions of the broker, and the Company is not bound by any separate agreements concluded between the Client and the broker of introduction.
13.Non-fulfilment of the obligations by the Client
13.1.It is considered that the Client did not fulfill his obligations to the Company in the following cases, among others:
13.1.1.Insolvency of the Client or his indisposition to fulfill financial obligations to the Company.
13.1.2.The Company has a reason to believe that the Client involves the Company in illegal activities, providing services to the Client, even if it is not directly related to the Client's infraction.
13.1.3.The Company suspects that the Client is engaged in activities related to money laundering, financing of terrorism or other types of criminal activity.
13.1.4.The requirement of the competent court or body to take certain measures.
13.1.5.The Company has a reason to believe that the Client violates the requirements established by applicable law.
13.1.6.The company has a reason to believe that the Client implements non-standard trading methods, such as, among other things, scalping (a deal closed for less than or equal to 120 seconds from the moment of opening to make a profit), pip-hunting (a transaction carried out to profit the size of one pips), the placement of a stop order for the position of sale or buy before the release of financial data, etc.
13.2.In case of failure to fulfill with obligations by the Client, the approximate list of which is set out in paragraph 13.1 of this Agreement, the Company has the right to:
13.2.1.Terminate this Agreement unilaterally without prior notice to the Client.
13.2.2.Close open positions.
13.2.3.Cancel or suspend access to the trading platform.
13.2.4.Reject the communication or execution of the Client's order.
13.2.5.Submit a legal claim for recovery of damages incurred by the Company.
13.2.6.Cancel the profit obtained during illegal operations or through the usage of artificial intelligence on the Client's trading account.
13.2.7.Submit a claim for damages incurred by the Company.
14.1.In the event that the Client did not execute trading operations within 30 calendar days, the trading account becomes dormant and a service fee of $ 25 starts to be written off it for each period of 30 calendar days. The commission is charged exclusively from trading accounts with a positive balance.
15.Termination of the Agreement.
15.1.In the event that one party wants to terminate this Agreement, it must send a written notification to the other party within 10 working days.
15.2.The Client must pay all payments payable by the Client in favor of the Company, which arose in the course of the Agreement or resulted from its termination, to the Company before the termination of this Agreement.
15.3.The client must close all his open positions. If he does not do this before the termination of this Agreement, the Company has the right to close all his open positions forcibly.
15.4.The Company has the right to reject the Client's requests of funds withdrawal from his trading account until all of the ClientТs obligations to the Company are fulfilled.
15.5.The Company has the right to restrict or cancel the ClientТs access to the trading platform, as well as to reject new ClientТs orders.