General terms and conditions
These Terms and Conditions (hereinafter referred to as the "Agreement") refer to the brand Broker10, with company number 3530 LLC 2024, (hereinafter referred to as the "Company" or NH Business LLC), and the user (natural or legal person) (hereinafter referred to as the "Client") of <https://broker10.com/> (hereinafter referred to as the "Site").
The Client confirms that he/she has read, understood and accepted all the information, conditions and terms set out on the Site, which are open for review and may be examined by the public and which include important legal information.
By accepting this Agreement, the Client irrevocably agrees to and accepts the terms and conditions contained in this Agreement, its annexes and/or appendices, as well as other documentation/information published on the Site, including, without limitation, the Privacy Policy, the Payment Policy, the Withdrawal Policy, the Code of Conduct, the Order Execution Policy and the Anti-Money Laundering Policy. The Client accepts this Agreement by registering an Account on the Website and depositing funds. By accepting the Agreement, and subject to the Company's final approval, the Client enters into a legal and binding contract with the Company.
The terms of this Agreement shall be deemed unconditionally accepted by the Client upon receipt by the Company of an advance payment made by the Client. Once the Company has received the advance payment from the Client, every operation made by the Client on the Trading Platform shall be subject to the terms of this Agreement and other documentation/information on the Website.
The Client acknowledges that any and all Transactions, activities, transactions, orders and/or communications carried out by him/her on the Trading Platform, including, without limitation, through the Account and the Website, shall be governed by and/or shall be executed in accordance with the terms and conditions of this Agreement and other documentation/information on the Website.
By accepting this current Agreement, the Customer confirms that he/she is able to receive information, including amendments to this Agreement, by e-mail or via the Website.
terms
Account - means a single personified account registered in the name of the Client and containing all the Client's transactions/operations on the Trading Platform (as defined below) of the Company.
Ask - means the highest price in a quote. The price at which the Client can buy.
Bid - means the lowest price in a quotation. The price at which the Customer can sell.
Binary Options - these are financial instruments in which you make a prediction about the direction of an asset's price movement at a given time of day. The payout is predetermined as a fixed amount, whether the option expires in the money or out of the money.
CFD (contract for difference) - means a negotiable contract entered into between the Client and the Company, who exchange the difference in the value of an Instrument, as specified on the Trading Platform at the time of opening a Transaction, and the value of that Instrument at the end of the contract.
Digital Option Contract - means a type of derivative instrument in which the Client receives a payment if he correctly predicts the movement of the underlying asset's price at the time of the option's expiration. The prediction can be made as to whether the value of the underlying asset will be above or below the strike price at the time of expiry. If the option expires at the selected strike price, it will be considered out-of-the- money and will result in the loss of the amount invested.
Execution - means the execution of the Client's order(s) by the Company, acting as the Client's counterparty in accordance with the terms of this agreement.
Financial Instruments - means the Financial Instruments, as per paragraph 2.4 below, that are available on the Company's Trading Platform.
KYC Documents - means the documents to be provided by the Client, including, without limitation, a copy of the Client's passport or identity card and proof of utilities if the Client is an individual and/or certificates showing management and ownership up to the ultimate beneficial owner if the Client is a legal entity, and any other documents that the Company may request at its sole discretion.
Market - means the market in which Financial Instruments are subject to and/or traded, whether or not such market is organized/regulated, and whether it is in the relevant jurisdiction or abroad.
Market maker - means a company that provides BID and ASK prices for financial instruments.
Transactions - means actions performed on the Client's Account, following an order placed by the Client, relating to, but not limited to, crediting funds, returning funds,
opening and closing transactions/trading positions and/or relating to financial instruments.
Prices - means the prices offered to the Client for each transaction, which may be changed without prior notice. Where relevant, the "Prices" provided via the Trading Platform include the Spread (see definition below).
Services - means the services described in section 2 of this Agreement through the Trading Platform.
Spread - means the difference between the Ask purchase price (rate) and the Bid sale price (rate) at the same moment. For the avoidance of doubt, a predefined spread is, for the purposes of this Agreement, an assimilated commission.
Trading platform - means an electronic system on the Internet consisting of all programs and technologies that display quotes in real time, allow placing/modifying/deleting orders and calculate all mutual obligations of the Client and the Company.
Introducing Broker - means any person (natural or legal) who wishes to refer Clients to the Company and who has entered into an Introducing Broker Agreement and successfully opened an IB Account (as defined in the Introducing Broker Agreement).
Countries served - means any country available for registration on the Company's website.
Purpose of the contract and services
The subject matter of the Agreement shall be the provision of Services to the Client by the Company under the Agreement and through the Trading Platform.
The Company shall carry out all transactions as provided for in this Agreement on an execution-only basis, neither managing the account nor advising the Client. The Company has the right to execute transactions requested by the Client as provided for in this Agreement, even if the transaction is not beneficial to the Client. The Company has no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction, to make margin calls or to close any of the Client's open positions. Unless specifically agreed otherwise, the Company is not obliged to attempt to execute the Client's order using more favorable quotes than those offered by the Trading Platform.
The Investment and Ancillary Services that the Company is required to provide under the Agreement are set out below, and the Company will provide them in its capacity as market maker under this Agreement. In addition, the Company may, at its sole discretion, without prior notice to the Client, decide to transmit orders and/or be an intermediary for Client transactions. The Services that the Company provides in
relation to one or more Financial Instruments are as follows (the list below should not be considered exhaustive):
Investment services
Receiving and transmitting orders in relation to one or more Financial Instruments.
Execution of orders on behalf of Clients.
Trading on your own account.
Auxiliary services
Safekeeping and administration of the Financial Instruments in the Client's Trading Account, including custody and related services such as cash/collateral management.
Granting credits or loans to one or more financial instruments, in which the company granting the credit or loan is involved in the transaction.
Foreign exchange services when they are linked to the provision of the Investment Services. The Company does not provide investment, tax or commercial advice unless specified as such between the Client and the Company in a separate agreement. Our services include "execution only", which means that the Company will act on your instructions and will not advise you on any transactions, nor monitor your trading decisions to determine whether they are appropriate for you or to help you avoid losses. You should obtain your own financial, legal, tax and other professional advice.
Financial instruments (the list below should not be considered exhaustive):
Digital Options and/or Binary Options Contracts on shares, commodities, indices and currency pairs;
Financial contracts for difference (CFDs) on shares, currency pairs (FX), commodities, ETFs, indices and cryptocurrency CFDs;
Trading CFDs and other derivatives does not give the client any rights, voting rights, title or interest in the underlying instrument of the Transaction. You understand that you have no right to take delivery of and no right to ownership of any underlying instrument. CFDs and other derivatives are not traded on a regulated stock exchange and are not cleared on a central clearing house. These exchange and clearing house rules and protections
do not apply. The Company reserves the right, at its sole discretion and for all CFD products, to impose the following expiration dates: daily/weekly/monthly and/or no expiration.
Protected CFDs
On its website, the Company is entitled to provide financial services of Contracts for Difference (CFD) with intrinsic protection (Protected CFDs). The risk of loss for Protected CFDs does not exceed the sum invested by the Client in a given CFD contract with the addition of any trading and/or continuous trading fees incurred as a result of opening such CFD. Clients may choose whether or not to participate in the features offered by Protected CFDs by choosing the option of using their trading account balance to maintain an open CFD position ("Margin CFDs"). In this case, when the loss of a position reaches 95%, an additional 20% of the original investment amount is reserved from the Client's account. If the CFD position suffers further losses, the Client's available balance will be reduced by 20%. The Client can limit the additional funds reserved on his account balance by specifying his acceptable level of loss for a CFD position.
In both CFD features described above, the Company offers negative account balance protection, i.e. the Client's losses can never exceed the total amount of funds available on the Client's account. In addition, the risk of loss in relation to the corresponding potential benefits for the CFDs described above is reasonably understandable in light of the particular nature of the proposed financial contract.
General provisions
Subject to the provisions of this Agreement, the Company agrees to provide the Client with the Services subject to the Client:
Be of legal age, according to the jurisdiction in which you reside or are resident, legally competent and of sound mind.
Not reside in any country where the distribution or provision of the financial products or services offered by the Company would be contrary to local laws or regulations. It is the Client's responsibility to check the terms and comply with any local laws or regulations to which they are subject.
Not be from the USA/US territories and/or a resident of the USA/US territories, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, Russian Federation, United Kingdom, Ukraine, Vatican, any country in the European Economic Area and/or other countries not covered.
The Company will offer Services to the Client at the Company's absolute discretion, subject to the provisions of this Agreement.
The Client is prohibited and shall not, under any circumstances, be authorized to execute any transactions/Operations on the Trading Platform, the Website and/or through his/her Account, which would, as a result, exceed the total balance and/or the amount of money deposited/maintained in his/her Account. Such deposited amounts shall be deemed to have been provided as security, whether in the form of a pledge or otherwise, to the Company by the Client, whereby the Client's obligation to pay any amount to the Company is guaranteed.
4. The Company will facilitate the execution of the Client's business activities/orders and/or transactions, but the Client acknowledges and accepts that the Company will not at any time provide trust services and/or business consultancy or advisory services to the Client.
The Company will process all transactions/Operations of the Client in accordance with the terms and conditions of this Agreement and on an execution-only basis. The Company will not manage the Client's Account or advise the Client in any way.
The Company shall process orders/transactions requested by the Client under this Agreement, regardless of the fact that such orders/transactions may result in not being beneficial to the Client. The Company has no obligation, unless otherwise agreed in this Agreement and/or other documentation/information on the Website, to monitor or advise the Client on the status of any transaction/order, to make margin calls to the Client or to close any of the Client's open positions. Unless specifically agreed otherwise, the Company is not obliged to process or attempt to process the Client's order/transaction using more favorable quotes than those offered through the Trading Platform.
The Company shall not be financially responsible for any operations conducted by the Client through the Account and/or on the Trading Platform.
Each Client shall be the sole authorized user of the Company's services and the corresponding Account. The Client is granted an exclusive and non-assignable right to use and access the Account, and it is his/her responsibility to ensure that no other third party, including, without limitation, any close relative and/or members of his/her immediate family, has access to and/or trades through the Account assigned to him/her.
The Client shall be responsible for all orders placed through his/her security information, and any orders so received by the Company shall be deemed to have been placed by the Client. So long as any orders are submitted through a Client's account, the Company shall reasonably assume that such orders are submitted by the Client and the Company shall be under no obligation to investigate the matter further. The Company shall not be liable to and/or have any legal relationship with any third party other than the Client.
In the event that the Client acts in the name of a third party and/or on behalf of a third party, the Company will not accept that person as a Client and will not be liable to that person, regardless of whether he/she has been identified or not.
The Client has the right to cancel his/her order given to the Company within 3 seconds from the moment he/she gave such order to the Company (hereinafter referred to as "Cancellation"). The Client agrees and understands that the three- second cancellation option offered by the Company is applicable and available to the Client provided that the price remains unchanged. Three seconds from the moment the Client gives the order to the Company via the platform, the Company may (but is not obliged to) offer to purchase the Client's option and the Client has the right to agree to such offer (hereinafter referred to as "Purchase"). The Client has the right to use this Cancel or Buy option subject to the conditions specified on the platform. Such conditions may also include the fee charged by the Company. This fee is specified on the platform. The Company is obliged to provide all necessary information about the Cancellation and Purchase conditions, their cost, etc. The Client acknowledges and agrees that the provision of such information on the Platform is sufficient. The Client acknowledges and agrees that the use of Cancellation or Buyout is very risky for the Client, provided that the cost of Cancellation and/or Buyout depends on the market situation. The Client acknowledges and agrees that he/she bears all risks associated with the use of Cancellation and/or Buyout.
The Client has the right to use this Cancel or Buy option subject to the conditions specified on the Trading Platform/Website, including, without limitation, any fee to be charged by the Company. The Company shall be obliged to provide all necessary information on the Cancellation and Purchase conditions, including any applicable costs, etc. The Client acknowledges, accepts and agrees that the provision of such information on the Trading Platform is sufficient. The Client acknowledges, accepts and agrees that the use of the Cancel or Buyout option entails great risks for the Client, especially in the event that the costs associated with the Cancel and/or Buyout depend on the market situation. The Client acknowledges, accepts and agrees that it shall bear all risks associated with the use of the Cancel and/or Buyout option.
It is understood and agreed by the Client that the Company may, from time to time, at its sole discretion, use a third party to hold the Client's funds and/or for the purpose of receiving payment execution services. Such funds shall be held in segregated accounts from such third party's own funds and shall not affect the Client's rights to such funds.
The Company offers internal live chats in which clients can share, among other things, their trading ideas and/or express their general thoughts. The client acknowledges and agrees that the Company's live chat feature does not and shall not constitute valid and/or accurate information and/or information addressed to clients/potential clients and/or, in any way, information that is controlled by the Company and/or the investment advisor, as it is merely a
feature that allows clients to express, among others, their thoughts and ideas to each other.
The provision of investment advice shall only be carried out by the Company under a separate written agreement with the Client and after assessing the Client's personal circumstances. Unless such a written agreement has been entered into between the Client and the Company, the provision of reports, news, opinions, price movement alerts as displayed on the Company's trading platform and any other information by the Company to the Client does not constitute investment advice or investment research.
Execution of orders/electronic trading
By accepting this Agreement, the Client accepts that he/she has read and understood all the provisions of this Agreement and the related information on the Website. The Client accepts and understands that some orders will be executed by the Company as counterparty to the transaction in its capacity as Market Maker and will act as principal and not as agent on behalf of the Client for the purposes of order execution. The Client is aware that conflicts of interest may arise due to this model. In addition, the Client also accepts that the Company may transmit some orders and act as an intermediary for Client transactions. Receipt of the order by the Company shall not constitute acceptance, and acceptance shall only be constituted by the execution of the order by the Company.
The Company shall be obliged to execute the Customer's orders sequentially and promptly.
The Client acknowledges and accepts a) the risk of errors or misinterpretations in orders sent through the Trading Platform due to technical or mechanical failures of such electronic means, b) the risk of any delays or other problems, as well as
c) the risk that orders may be placed by persons not authorized to use and/or access the Account, and the Client agrees to indemnify the Company in full for any loss incurred as a result of acting on such orders.
The Client accepts that, during the receipt and transmission of his/her order, the Company shall have no liability as to its content and/or the identity of the person placing the order, except in the event of gross negligence, willful default or fraud on the part of the Company.
The Client acknowledges that the Company shall not take action on the basis of orders transmitted to the Company for execution by electronic means other than those orders transmitted using the predetermined electronic means, such as the Trading Platform, and the Company shall have no liability to the Client for not taking action on the basis of such orders.
The client acknowledges and agrees that any products or services that may be offered by the Company may not always be available for purchase or use for trading purposes, and it is at the absolute discretion of the Company whether or
not to make such products available to clients at any time. The Company shall have no liability, monetary or otherwise, in connection with this section, including, without limitation, the failure to make any product available at any time.
The client agrees and understands the following in consideration of the corporate actions below:
When it is publicly available that a given Company
has filed and/or is in the process of filing Chapter 11 under U.S. bankruptcy law and/or an equivalent Chapter 11 bankruptcy-related corporate action and/or bankruptcy law under any national legislation/regulation, the Company reserves the right to close any and all relevant positions in relation to the asset(s) of such Company and suspend the related asset(s); the client's position(s) held in the said asset(s) will be closed by the Company at the last price available on the platform and the client will receive prior notice thereof. It should be noted that the Company will not be held liable for any losses incurred by the client in connection with the closing of the aforementioned position(s) and/or the suspension of the asset(s).
In circumstances where the underlying asset offered by the Company may be subject to split and/or reverse split, the Company may decide to close the client's position(s) held in the said asset at the last price available on the platform prior to the occurrence of the split and/or reverse split event, and the client will receive notification in this regard.
The Client acknowledges that the Company shall have the right, at any time and for any reason and without justification, at its sole discretion, to refuse to execute orders, including, without limitation, in the following circumstances:
If the execution of the order is intended or may be intended to manipulate the market price of the financial instruments (market manipulation);
If the execution of the order constitutes or may constitute the misuse of confidential information (insider trading);
If the execution of the order contributes or may contribute to the legalization of the proceeds of illegal activities (money laundering);
If the Client does not have sufficient funds to cover the purchase of financial instruments or if there is an insufficient number of financial instruments to cover their sale;
If the Client fails to fulfill any of its obligations to the Company under this Agreement;
The Company's own exposure levels, as set out in the Company's internal policies, have been reached in relation to the Financial Instrument or the underlying asset of the Financial Instrument that the Client wishes to buy/sell. In this case, the Company reserves the right to limit the size of trades and/or transactions;
If the Client seeks to become or becomes a US Reportable Person or a resident of the US/US territories and/or a resident of the US/US territories, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, Russian Federation, United Kingdom, Ukraine, Vatican, any country in the European Economic Area and/or other countries not covered.
The Client acknowledges that, at its own discretion, under certain market conditions and/or depending on the availability of the underlying asset on the relevant market, the Company may have to close all or part of the Client's positions. Including but not limited to positions where it has reached or exceeded internal exposure levels and/or where, for whatever reason, the underlying asset is not available on the relevant market. The Company undertakes to provide prior notification to the Client in the event of a position being liquidated by the Company.
Any refusal by the Company shall not affect any obligation that the Client may have towards the Company.
The Company retains the right, but not the obligation, to charge each Client a maintenance/custody fee for any open cryptocurrency position (without leverage) held with the Company ("Open Positions"). This right arises and may be exercised by the Company if such Open Positions remain open for more than three (3) months from the date of their opening ("Minimum Period").
Provided that the Minimum Period has been completed and the Company decides, at its sole discretion, to exercise the right provided for herein, the following steps will be carried out:
The Company shall apply maintenance/custody fees against the Open Position in accordance with the table included below;
If the Client wishes to avoid the application of any maintenance/custody fees, he must close his position immediately before reaching the period indicated in the table below;
The percentage maintenance fee, as indicated in the table below, shall be calculated in relation to the value of the Open Position at the end of each month within the periods defined below;
Payment of the calculated maintenance fee shall be made on the date on which the Open Position has reached the Minimum Period
and thereafter upon completion of each consecutive period, as indicated in the table below. Payment to the Company will be facilitated by the automatic deduction of the relevant amount from the balance of the Client's Open Position; and
At the end of each period (as indicated in the table below), the percentage of the maintenance/custody fee will be automatically increased as set out in the table below, without any prior notice to the Client.
Period from position opening
Period from position opening
Maintenance/custody fees
3 months
0,25%
6 months
0,50%
9 months
0,75%
12 months
1,00%
13 months
1,25%
14 months
1,50%
15 months
1,75%
16 months
2,00%
17 months
2,25%
18 months or more
2,50%
Limitation of liability
The Company does not guarantee uninterrupted, secure and error-free service and immunity from unauthorized access to the servers of the trading sites or interruptions caused by damage, malfunction or failure of hardware, software, communications and systems on the Client's computers and the Company's suppliers.
The provision of services by the Company depends, inter alia, on third parties and the Company shall not be liable for any actions or omissions of third parties and shall not be liable for any damage and/or loss and/or expense caused to the Client and/or third parties as a result of and/or in relation to any aforementioned action or omission.
The Company shall have no liability for any damage of any kind allegedly caused to the Client, involving force majeure or any event over which the Company has no control and which has influenced the accessibility of its trading site.
Under no circumstances shall the Company or its Agent(s) be liable for direct or indirect damages of any kind, even if the Company or its Agent(s) has been notified of the possibility of said damages.
In the event that a Client registers an Account through an Introducing Broker, referral agents or other third parties, the following is agreed:
The Company shall not be liable for any agreement or arrangement that may exist between the Client and such persons, nor for any additional costs that may arise as a result of such an arrangement;
The Introducing Broker and/or the Referral Agents are not representatives or agents of the Company and do not act on behalf of the Company. In this regard, they are not authorized to provide any warranties or promises with respect to the Company or its services, nor to provide personal advice or recommendations to the Client with respect to the Account and/or the Client's transactions, and the Company will not accept any responsibility for such advice or recommendations.
Settlement of transactions:
The Company shall settle all transactions after the execution of such transactions.
An online account statement will be available for the Client to print from the Company's Trading Platform at any time.
Rights, obligations and guarantees of the parties
The Customer shall have the right to:
Send the Company any request asking for the execution of a transaction/operation on the Site in accordance with and subject to the terms and conditions of this Agreement;
Request the withdrawal of any amounts subject to and in accordance with the Withdrawal Policy, and provided that the Company has no claims against the Client and/or the Client has no outstanding debts with the Company;
If the Client has a complaint against the Company and/or there is a dispute between the Client and the Company, then the Client may send his/her complaint, including all relevant information and details, to the Company at support@broker10.com. The Company will acknowledge receipt of any complaint, initiate an internal investigation into the matter and respond to the Client within a reasonable time (i.e. within 3 months from the date of acknowledging receipt of the complaint). The Company may extend this period if it deems it necessary, in which case the Company will notify the Client accordingly.
Unilaterally terminate the Agreement, provided that there is no outstanding debt owed by the Client to the Company and that the termination is made in accordance with section 16 hereof.
The client:
Acknowledges that the Account will be activated upon deposit of funds/payment anticipated in the Account.
You warrant that you will at all times comply with and honor all the terms and conditions of this Agreement.
You warrant that you will ensure that, at all times, the username and password issued by the Company in connection with the use of the Service(s) and the Account will be used only by you and will not be disclosed to any other person;
You will be responsible for all orders sent via your security information, and any orders received in this way by the Company will be deemed to have been given by the Client;
The client accepts the risk of orders placed by unauthorized persons and/or a trading account used by someone without the client's permission (hereinafter collectively referred to as "unauthorized access" or "hacked account") and agrees to indemnify the Company in full for any and all resulting losses, costs and expenses. In such case, the client also agrees and accepts the following:
The client must notify the Company immediately of any unauthorized access to his/her trading account;
The Company shall have the right to immediately block the client's trading account and increase the processing time and/or cancel withdrawal requests without prior notification to the Client, and the client shall not be entitled to any profit made during the period when the account was accessed without authorization;
The client shall provide the Company with any information and/or documents deemed necessary to unblock the trading account.
You hereby acknowledge that frequent access and logins to the Account through different IP addresses from different countries and/or through the use of VPN (with the exception of users from Turkey or Indonesia) is an indication that will lead the Company to believe that section 15.4.XI has been violated.
Confirms that any trading strategies and/or investment decisions and/or any activities carried out by him/her through his/her Account and on the Trading Platform are made bearing in mind/considering/being aware of all the risks involved and solely based on his/her knowledge and at his/her sole discretion.
You warrant that you will take all necessary measures and actions not to disclose any confidential information of the Company, which the Company will disclose and/or make available to the Client from time to time.
You accept any risk, including without limitation any risk of financial loss, arising from unauthorized access to and operation of your Account by third parties and/or unauthorized parties.
You must notify the Company of any changes to your contact details and any other changes to the personal data you have provided to the Company within 7 (seven) calendar days of such changes taking effect.
You must register only 1 (one) account with the Company. In the event that the Client has multiple accounts, any transactions/operations made through such multiple accounts and the corresponding financial results of such transactions/operations may be canceled at the Company's absolute discretion. All such multiple accounts may be blocked at the Company's absolute discretion, and the Company shall have the right to terminate this Agreement immediately, close the account and all open positions.
You shall indemnify and hold the Company harmless from any claims and/or legal actions brought against the Company as a result of the disclosure of the Client's personal data.
Irrevocably accept all responsibility for its actions under the tax legislation in force in the Customer's place of residence/living with respect to any transactions/operations carried out, including but not limited to income tax.
It recognizes that the provision of the Service(s) may involve the transport of information over an open network. Therefore, information is transmitted regularly and uncontrolled across borders. The Company will take reasonable steps to prevent information from being intercepted and read by third parties, using techniques such as encryption;
however, it is not always possible to prevent unauthorized third party access to or viewing of the Client's personal information/data. The Client acknowledges this risk and accepts and consents to it, provided that he/she is reasonably convinced that such unauthorized access/disclosure has not been made intentionally and that the Company has taken all reasonable measures and actions to prevent such unauthorized access/disclosure.
You acknowledge and agree that the Company has the right to close any transaction, at its sole and absolute discretion, without providing prior notice to you, if the underlying asset or contract on which the transaction is based is settled on a maturity date as determined by the relevant financial market on which such asset is traded (such time is referred to as the "Closing Time" and the relevant maturity transaction is referred to as the "Maturing Transaction"). The Company shall not be obliged to take steps to roll over an open position in a Maturing Transaction.
You acknowledge that the Company prohibits third party or anonymous payments into the Client's Account. Only funds sent from an account held in the Client's name and belonging to the Client are acceptable. The Company reserves the right, at its discretion, to block the Account if it has identified a third party or anonymous deposit. The Client should note that any remaining funds will be returned to the third party source via the same payment method, and any profits accrued by the Client using third party or anonymous funds will not be made available to the Client.
You agree that if the Company carries out a transaction/operation on your behalf that is not covered by your Account balance, the Company will have the right to liquidate its assets and use the proceeds to cover part or all of the difference.
Irrevocably accepts that it is solely responsible for any technical deficiencies that may occur in the Client's connection to the Trading Platform, in the Client's equipment used to receive the services (including, but not limited to, personal computer, laptop, cell phone, etc.) and confirms that it shall have no claim against the Company for any direct and/or indirect damages that the Client may suffer due to such deficiencies.
You acknowledge that the Company has the right to refuse to perform any transaction/operation requested by the Customer and/or any other action required under this Agreement for as long as it maintains any claims against the Customer, whether due, future or contingent and regardless of whether they arise out of the same transaction/operation from which such obligations arise.
You acknowledge that the Company has the right to refuse to execute any transaction/operation, impose restrictions and/or close the client's trading accounts operated by the Company under this brand and any other associated brands. The Company may exercise this right for reasons including, but not limited to, fraudulent activities and/or other violations of the Company's terms and conditions. Clients acknowledge and agree that such actions by the Company shall not give rise to any claims or liabilities against the Company.
Acknowledges and accepts that this Agreement and/or any materials made available on the Site may be unilaterally amended from time to time by the Company, and that he/she shall be responsible for checking the Site frequently to ensure that he/she has been made aware of any such amendments. Upon submission of a request by the Client for any transaction/operation, any changes made to this Agreement and/or any materials made available on the Site shall be deemed to be acknowledged and accepted by the Client.
If the Company considers that the changes are relevant, they will come into force on the date specified in the notification to the Client and, if no date is specified, on the date of receipt of the notification.
The Client understands and agrees that his/her consent is not required for any change to be effective. If the Client does not respond to and/or does not agree with the content of the changes implemented in the Company's Terms and Conditions, the Client shall manifest this in writing. If the Client does not accept the amended Terms and Conditions, this shall be deemed to be acceptance by the Client of the content of the amendment and the amended Terms and Conditions. In addition, any order by the Client to execute a transaction(s) after receipt of the notice and/or login to his/her Account, shall be deemed as acceptance by the Client of the content of the amendment and the Agreement as amended.
The Customer understands that it is their sole responsibility to keep up to date with all changes. The applicable version shall be the latest version uploaded to the Company's website and, in the event of a dispute, the latest version shall prevail.
In the event that the Client does not agree with the changes, the Client shall have the right to terminate this Agreement in accordance with the Agreement Duration and Termination section included herein.
The Customer hereby warrants and represents to the Company that he/she:
Do not reside in any country where the distribution or provision of financial products or services offered by the Company would be contrary to local laws or regulations.
You are responsible for verifying the terms of, and shall comply with, any and all applicable local laws and/or regulations to which you are subject.
He/she has legal capacity/competence, is of sound mind and has reached the age of maturity in the country in which he/she resides or is a citizen.
You are not a citizen of the USA/US territories and/or a resident of the USA/US territories, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, Russian Federation, United Kingdom, Ukraine, Vatican, any country in the European Economic Area and/or other countries not covered.
You are not under any legal disability with respect to, and are not subject to any laws or regulations preventing your performance of, this Agreement or any contract or transaction contemplated by this Agreement.
The Client acts as principal and not as authorized representative/advocate or fiduciary of any third party.
Monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company are not connected directly or indirectly with any illegal and/or criminal activities and/or terrorism.
Monetary funds and/or financial instruments and other assets delivered for any purpose by the Client to the Company shall belong exclusively to the Client and shall at all times be free of any charge, guarantee, pledge or encumbrance, unless the Client has informed the Company in writing.
The financial instruments, information and/or legal documents that the Client delivers to the Company are authentic, valid and free from any defect, and will have the legal effect they purport to have.
The Client certifies that it has provided accurate, complete and truthful information about itself at the time of registration and that it will maintain the accuracy of the information provided by promptly updating any registration information it may have changed. Failure to do so may result in account closure, account limitations and/or the voiding of any transactions.
The Client shall provide the KYC documents to the Company within a period not exceeding 7 days from the moment the funds are deposited.
The Client confirms that the purpose and reason for registering and operating an Account is to trade, in his/her personal/own name, any financial instruments and to take advantage of the Services offered by the Company. The Client warrants that should the reason for operating an Account change, he/she will inform the Company immediately.
The Customer warrants and/or shall repeat the above warranties at all times, including, without limitation, during and/or after the execution of any transaction/operation and/or trade, through the Account and the provision of the Services.
The Company shall have the right to:
Modify the size of the amount of the Company's financial obligations to the Client with changes to the appropriate entry in the register of business operations in the event of a breach of one or more provisions of the Agreement by the Client.
The Company reserves the right to change, add or set as default the rate of option payments, the rate of return, the possibility of adjusting the rate of return, the possibility of purchasing the type of option, the minimum and/or maximum value of the option, the
possible expiration periods for one, several or all assets. The company will have the right to limit the maximum value of options purchased to 1 (one) minute, 1 (one) hour, 1 (one) calendar day.
To contact the Customer in case of any questions regarding this Agreement, including to clarify the Customer's intentions regarding its actions through the Account.
Unilaterally modify and/or amend and/or restate the terms and conditions of this Agreement and/or the material made available on the Website without prior notice to the Client. The Company will notify the Client of such changes via the Website and/or by sending an e-mail to the Client.
Modify the size of the amount of the Company's financial obligations to the Client, if the fulfillment of the Transactions on the Trading Platform does not comply with the conditions of the Agreement set forth herein.
Engage third parties for the purpose of cooperating to facilitate and/or enhance any and/or the provision of the Services under this Agreement.
With respect to any matters and/or obligations that are not covered by this Agreement, the Company shall act in its sole discretion, but always in accordance with commercial custom and practice in the line of Services.
The Company reserves the right to request supporting documents and/or additional information during the verification of the Client's Trading Account and on an ongoing basis during the business relationship, if such information is necessary for the Company to be able to offer its services to the Client efficiently. Should the Client fail to provide the Company with any additional supporting documents, the Company reserves the right to request additional documents and/or information. If the Client fails to provide the Company with any additional documents and/or information, including, but not limited to, updated verification documents, within the specified timeframe, the Company shall have the right to terminate this Agreement immediately, close the account and all open positions.
Company obligations:
Subject to the provisions of this Agreement and the Company being reasonably satisfied that the Client is in compliance with the terms and conditions of this Agreement and/or has not breached the terms of this Agreement in any way, the Company will offer the Services through the Website.
Comply with the provisions of this Contract.
Compensation and liability
The Client shall indemnify and keep indemnified the Company and its directors, officers, employees or representatives against all direct, or indirect liabilities (including, without limitation, all losses, damages, claims, costs or expenses), incurred by the Company or any other third party in connection with any act, or omission of the Client in the performance of its obligations under this Agreement and/or the liquidation of any financial instruments of the Client in settlement of any claims with the Company, unless such liabilities result from gross negligence, willful default or fraud on the part of the Company. This indemnity shall survive the termination of this Agreement.
The Company shall not be liable for any direct and/or indirect loss, expense, cost or liability incurred by the Client in connection with this Agreement unless such loss, expense, cost or liability is the result of gross negligence, willful default or fraud on the part of the Company. Notwithstanding the provisions of section 8.1 above, the Company shall not be liable to the Client, whether in tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or for any indirect or consequential loss arising out of and/or in connection with the Contract.
The Company shall not be liable for any loss of opportunity as a result of which the value of the Client's financial instruments could have been increased or for any decrease in the value of the Client's financial instruments, regardless of the cause, unless such loss is directly due to gross negligence, willful default or fraud on the part of the Company.
The Company shall not be liable for any loss resulting from misrepresentation of fact, error of judgment or any act performed or omitted by the Company, regardless of the cause, unless such act or omission resulted from gross negligence, willful default or fraud on the part of the Company.
The Company shall not be liable for any act or omission or for the insolvency of any counterparty, bank, custodian or other third party acting on behalf of the Client, or through which transactions on behalf of the Client are carried out.
In the event that the Company acts as an intermediary in the Client's transactions, the Client agrees and acknowledges that:
Under certain market conditions at the time of execution and/or depending on the risk management framework of the third party market maker, the Company may. The Company will have to cancel the Client's trade(s) and/or transaction(s) and return the relevant invested funds to the Client's trading account balance. The Company undertakes to provide adequate notification to the Client in such a case.
Should the aforementioned occur, the Client shall have no right, claim or demand from the Company and undertakes to indemnify the Company for any damage caused by the aforementioned action of the Company.
Personal data
By accepting the terms and conditions of this Agreement, the Client irrevocably consents to the collection and processing of his/her personal data/information by the Company without the use of automatic controls, once it is provided by him/her to the Company. The term personal data, for the purposes of this Agreement, means: name, surname, patronymic, gender, address, telephone number, e-mail address, IP address of the Client, cookies and information related to the provision of services to the Client (e.g. the Client's trading history).
The Client shall be obliged to provide correct, accurate and complete personal data/information as requested by the Company.
The purpose of collecting and processing personal data is to comply with the requirements of applicable regulatory legislation, including, without limitation, anti- money laundering regulations, as well as for any and all purposes related to this Agreement, including, without limitation, to enable the Company to fulfill its obligations to the Client.
The Client acknowledges and consents that, for the purposes described in the section directly above, the Company shall have the right to collect, record, systematize, accumulate, store, adjust (update, alter), extract, use, transfer (disseminate, provide, access), anonymize, block, delete, destroy such personal data and/or carry out any other actions in accordance with current regulatory legislation.
The Client acknowledges and consents to the Company storing, maintaining and processing his/her personal data in the manner described in this Agreement for the duration of the Agreement and for a minimum period of 7 years following any termination of the Agreement.
The Client acknowledges, accepts, agrees and consents to the disclosure of personal data by the Company to third parties and their representatives, solely for the purposes of the Agreement, including, without limitation, in order to facilitate the processing/execution of the Client's orders/Operations, provided that at all times (i) the amount of personal data to be disclosed to any third party is proportionate and/or limited solely to facilitate the actions described above, and (ii) the Company ensures that such third party handles the personal data in accordance with applicable laws and regulations.
The Company shall not be entitled to make personal data available in public and/or disclose such personal data for any other purposes, subject to the disclosure required by applicable laws and regulations.
During the processing of personal data, the Company will take the necessary legal, organizational and technical measures to protect such personal data against unauthorized or accidental access, destruction, alteration, blocking, copying, provision and dissemination, as well as against any other illegal actions.
Assignment
The Agreement shall be personal to the Client, and the Client shall not be entitled to assign or transfer any of its rights or obligations under this Agreement.
The Company may at any time assign or transfer to a third party any of its rights or obligations under this Agreement. The Company shall notify the Client of such assignment.
Risk statement
The Client confirms having read, understood and hereby accepts the risk statement relating to the use of the Services on the Site, as the same is available electronically through the Site.
By accepting this Agreement, the Client accepts that he/she has read and understood the information contained in this Agreement and the Company's general description of the nature and risks of the different Financial Instruments and/or Services, which can be found in our Risk Disclosure.
One-Click Trading terms and conditions
The One-Click Trading mode allows you to carry out trading operations on the platform with just one click on the Buy/Call or Sell/Put buttons, without any additional confirmation.
Opting for the one-click trading mode means that you acknowledge that you have read and understood the following terms and conditions, and that you agree to be bound by them.
Your current version of the platform allows you to choose between the following ways of sending orders. You agree that you will be bound by the procedures and conditions specified in this document with respect to each of these modes.
There are several steps you should follow when using the standard mode for sending orders. Using standard mode, you first access the instruments menu and choose the assets you want to trade. Then select all the parameters, depending on the chosen instrument, and confirm the order submission by clicking on the Buy/Call or Sell/Put buttons, depending on the specific order type selected and your trading intentions. Using the standard mode, a
confirmation window will be displayed and you will have to confirm your intentions and the details of the trade to confirm the transaction. Your order will not be sent until you have completed the procedure mentioned above.
The one-click trading mode for sending orders ("one-click trading") is a one- step process. You send orders by clicking once on the Buy/Call or Sell/Put buttons.
There will be no subsequent confirmation prompt for you to click on, so you should ensure in advance that all parameters are set based on your trading intentions. You will not be able to withdraw your order after clicking on the Buy/Call or Sell/Put buttons (with the exception of a 3-second cancellation period for binary options) and only certain parameters, such as stop loss and take profit orders for CFDs, can be modified after a trade has been opened. Under normal market conditions and system performance, a market order will be filled promptly after submission, and you will have entered into a binding transaction.
You can activate or deactivate the One-Click Trading mode in the platform settings. One-Click Trading can be activated or deactivated for one or several instruments in the settings.
By selecting the One Click Trading mode, you understand that your orders will be sent by clicking the Buy/Call or Sell/Put button, without any further order confirmation. You agree to accept all risks associated with the use of the order submission mode you have chosen, including, without limitation, the risk of errors, omissions or misunderstandings made in the submission of any order.
The user agrees to fully indemnify and hold the Company harmless from any and all losses, costs and expenses that may occur as a result of such errors, omissions or mistakes made by the user or any other person trading on their behalf.
If you accept the One-Click Trading terms and conditions, check the "buy in one click" option when opening trades on the platform. If you don't accept the conditions, don't check the box and don't use the One-Click Trading function.
The mobile application only works in one-click trading mode. If/when using the app, you should understand that your orders will be sent exclusively by clicking the Buy/Call or Sell/Put button, without any additional order confirmation.
If you download and use the application, such acts shall be construed as your direct and explicit acknowledgement and acceptance of the risks associated with the use of the "one-click trading mode", including, without limitation, the risk of errors, omissions or mistakes made in submitting any order.
Charges and fees
The Company shall be entitled to receive a fee from the Customer in respect of the Service(s) provided by the Company.
The Company may pay a fee/commission to the Introducing Broker, referral agents or other third parties on the basis of a written agreement. This fee/commission is related to the frequency/volume of transactions and/or other parameters. All applicable fees or charges can be found on the Company's website (General Fees). The Company has the right to change its fees and charges from time to time.
Ongoing trading fees, including but not limited to swaps, will be charged and deducted from the Client's account balance. If the Client does not maintain sufficient funds on his/her balance, the relevant position subject to swap will be closed by the Company.
The Client agrees that any amounts sent by the Client shall be deposited into the Account at the value on the date of the payment received and net of any charges/fees levied by the bank or any other intermediary involved in such transaction process and/or, in any other case, the Client shall authorize the Company to withdraw the fee by way of transfer from the Client's Account.
Applicable legislation
The terms and conditions of this Agreement, as well as any matters relating to this Agreement, including, without limitation, matters of interpretation and/or disputes, shall be governed by the laws of Saint Vincent and the Grenadines.
The Company and the Clients irrevocably submit to the jurisdiction of the courts of Saint Vincent and the Grenadines.
The Company shall have the right to use the services of the interpreter during the trial in the event of dealing with a controversial situation in accordance with the legislation of Saint Vincent and the Grenadines.
Duration and termination of contract
This Contract shall be concluded for an indefinite period.
This Agreement shall come into force when the Customer accepts the Agreement and makes an advance payment to the Company.
In the event of discrepancies between the text of the Agreement in English and its translation into any other language, the text of the Agreement in English as a whole shall prevail, as well as the English version/text of any other documentation/information published on the Site.
The Contract may be terminated in any of the following circumstances:
Each Party shall have the right to terminate this Agreement at any time upon fifteen
(15) days' written notice to the other Party. During the 15-day notice period, the Company may limit the services available to the Client; however, access will be granted for the Client to withdraw any remaining balance.
The Company shall have the right to terminate this Agreement immediately, close all open positions, block the Client's account and return any remaining funds (if applicable) and without prior notice in the following circumstances:
Death or legal incompetence of the Client.
If any request is made or any order is issued, or a meeting is convened, or a resolution is passed, or any measures of bankruptcy, or liquidation of the Client are taken.
The Client breaches, or the Company has reasonable grounds to believe that the Client has breached, any of the Client's obligations under and/or terms of this Agreement and/or breaches any of the warranties and representations made by it in this Agreement.
If it comes to the attention of the Company and/or if the Company has reasonable grounds to believe that the Client has not reached the age of maturity in the country in which he/she is a resident or citizen, as applicable.
If it comes to the attention of the Company and/or if the Company has reasonable grounds to US and/or resident of the US/US territories, Canada, Afghanistan, Australia, Belarus, Belgium, Bouvet Island, Comoros, Cuba, Democratic Republic of Congo, Eritrea, Ethiopia, Gibraltar, Guam, Haiti, Iran, Israel, Japan, Libya, Mali, Myanmar, North Korea, Palestine, South Sudan, Sudan, Syria, Russian Federation, United Kingdom, Ukraine, Vatican, any country of the European Economic Area and/or other non-covered countries.
The Company suspects, on the basis of the information available, that the Client:
Is and/or has been using fraudulent means, or has been involved in a fraudulent scheme in connection with the performance of this Agreement;
Illegally and/or improperly and/or unfairly obtained and/or otherwise gained an unfair advantage over and/or to the detriment of (i) other clients of the Company and/or (ii) the Company;
Unjustly enriched itself by using information which was intentionally and/or negligently and/or otherwise concealed and/or not disclosed in advance by the Client to the Company and/or for which the Company had advance knowledge of, would not have consented to and/or would not
have authorized the use of such information by the Client for the purposes of this Agreement; and/or
Carried out acts with the intention and/or effect of manipulating and/or abusing the market and/or the Company's trading systems and/or deceiving the Company and/or defrauding the Company; and/or
Has acted in bad faith during the performance of its obligations under the Contract.
If the Client is guilty, or if the Company has suspicions that the Client is guilty of malicious conduct or gross negligence or fraud, or of using fraudulent means, or of being involved in a scheme to defraud in connection with the performance of this Agreement.
Termination is required by applicable law.
In the event that the Client receives two warnings about verbal abuse against employees of the Company.
If the Client does not provide the Company with his/her KYC documents within 14 days from the moment of acceptance of this Agreement, his/her Account will therefore constitute an unverified Account.
In case the Client uses and/or there are indications that lead the Company to reasonably believe that the Client uses different IP addresses from different countries and/or VPN and/or VPS during the execution of any transactions and/or trades through the Trading Account and/or the provision of the Services. The fact that the Client has notified the Company about any change in his/her IP address and/or about the use of VPN and/or VPS is irrelevant, with the exception of users from Turkey or Indonesia.
The Client has initiated a chargeback against the funds held on the Client's Account. Should the Company identify that the Client has created any additional trading account after the chargeback dispute, the Company shall have the right, without prior notice, to terminate the Agreement immediately, close all open positions, block the account(s) and return any remaining own funds (if applicable), excluding profits.
Where the Company identifies that the Client is involved in and/or is using high frequency trading software for the purpose of manipulating the Company's systems and/or trading platform and/or has unlawfully and/or improperly and/or maliciously and/or knowingly obtained an unfair advantage over and/or to the detriment of other clients of the Company and/or the Company and/or such high frequency trading software is designed to abuse the Company's systems and/or trading platform.
When the Company identifies that the Client's funds and/or payment account(s) have been used to fund a third party account and has reasonable suspicion that the Client and/or a third party are circumventing any of the provisions of this Agreement by doing so and/or are acting in collaboration with a third party who is circumventing any of the provisions of this Agreement.
The client is and/or has been convicted of a criminal offense and/or has been cautioned and/or charged by the police or other competent authority with a criminal offense.
In the event of termination of this Agreement for a reason stated in clause 15.4.B of this Agreement, the Company shall have no liability to the Client and no obligation to pay any profits generated by the trade (if any); furthermore, it is at the sole discretion of the Company to decide whether any deposited funds will be paid to the Client.
In the event of termination of this Agreement for a reason stated in sections 15.4.A of this Agreement, the Company shall transfer to the Client the remaining balance or give the Client the opportunity to withdraw his/her remaining balance.
Terms and conditions of the 1-Click service
The Client shall agree to make a deposit to his/her Account in order to use the Company's Services or any other additional services requested by the Client on the Site, as well as all additional expenses (if necessary), including but not limited to any taxes, fees, etc. The Client shall be fully responsible for the timely deposit of funds into his/her Account. The payment service provider shall only guarantee the fulfillment of the payment in the amount defined by the Site and shall not be liable for the payment of the aforementioned additional amounts by the Client from the Site.
Payment is considered to have been processed and cannot be returned once the "Payment" button has been clicked. By clicking on the "Payment" button, the Customer agrees that he/she cannot return the payment or demand its withdrawal. Furthermore, by accepting the terms and conditions contained herein, the Client, as the owner of the payment card, confirms that he/she shall have the right to use the Services offered on the Site.
By accepting the terms and conditions of this Agreement and depositing funds into the Account, the Client agrees to use the Services on the Website and accepts that the processing of any payment by the Client will be performed by a payment service provider, being a third party to this Agreement (the "Provider"), and the Client also acknowledges and accepts that there is no legal right for the return of already purchased Services or other payment cancellation options. Should the Client wish to refuse the use of the 1-Click service for the next purchase of the Service, the Client may refuse the 1-Click service using the Account on the Website.
Please note that one-click deposits (recurring payments) are not processed as 3-D secure transactions. The customer needs to activate the 3-D security function if they want payments to be processed with 3-D security.
The Provider shall in no case be liable for the refusal/inability to process the data related to the Customer's payment card, or for the refusal related to the failure to obtain permission from the issuing bank to process the payment using the Customer's payment card. The Provider shall in no event be liable for the quality, quantity and price of any service offered to the Client or purchased by the Client from the Website using the Client's payment card. When paying for any Services on the Site, the Client shall first of all be obliged to comply with the rules of use of the Site. We ask you to consider that only the Client, as the owner of the payment card, will be responsible for the timely payment of any service requested through the Site and for all additional expenses/fees related to such payment. The Provider shall only be the executor of the payment in the amount specified by the Site and shall in no case be liable for any prices, general prices and/or total sums.
In the event of a situation relating to the Customer's disagreement with the aforementioned terms and/or any other reasons, we ask the Customer to promptly refuse to make a payment and to contact the Site administrator/support directly if necessary.
Annex 1 - General terms
Technical regulations
The Customer's responsibility The Customer acknowledges that these General Terms form an integral part of this Agreement.
It is the Client's responsibility to verify that all transactions and Services received do not contradict any applicable law and to assume any other legal obligation arising from the use of the Site, at the Client's sole discretion, discretion and risk, and the Client is solely responsible for verifying that this is legal in the Client's jurisdiction and/or place of residence. The Client is solely responsible for all transactions on his/her Trading Account, including all card transactions or other means of deposit and withdrawal transactions (as stated below). The Client acknowledges that the Company reserves the right to accept or refuse any deposit and/or funding and/or withdrawal request made by the Client, depending on the payment method chosen by the Client (which includes but is not limited to the third party financial institution from which the Client wishes to deposit/withdraw funds with the Company (Third Party Institutions), and the Company may suggest to the Client an alternative to his/her request. It is important to note that the Company does not and cannot in any way have any control over such Third Party Institutions and any transactions made by the Client through the Platform using such institutions, and it is acknowledged and agreed that the Company shall have no liability, monetary or otherwise, in respect of any loss of funds incurred by the Client by virtue of any actions or omissions of Third Party Institutions.
The Client is responsible for protecting his/her Username and Password for his/her Trading Account. The Client is solely responsible for any damage caused due to any act or omission by the Client that causes improper or irregular use of the Client's Trading Account.
It is clearly stated and agreed by the Client that the Client is solely responsible for any decision taken and/or to be taken by the Client based on the content of the Website and no claim and/or proceedings of any kind shall arise to that effect against the Company and/or its directors and/or officers and/or employees and/or Agents (the Company and/or its Agents). The Company and/or its Agents shall have no liability for loss of profits due to and/or related to the Website, the Transactions carried out by the Client, the Services and the General Terms of use or any other damages, including special damages and/or indirect damages or circumstantial damages caused, except in the case of malicious acts committed by the Company.
Without limiting the foregoing and only in the event of a final judgment by a court or other authorized legal institution resolving that the Company and/or its Agent(s) have liability towards the Client or third parties, the Company's liability in any event shall be limited to the amount of money deposited and/or transferred by the Client to the Trading Account in relation to the transaction that caused the Company and/or its Agent(s) to be liable (if this has been caused).
No Trading Account will be approved without the completion of the Company's compliance procedures, including the identification and verification of the Account.
Risks
The value of the Financial Instruments offered by the Company may increase or decrease. The Client acknowledges that he fully understands the risks involved in trading CFDs (and other similar products), including but not limited to the risk of losing all funds.
Trading CFDs does not give the client any rights over the underlying instrument of the transaction. This means that the client has no interest or right to buy any instrument underlying the transaction underlying shares in relation to these instruments because CFDs only represent a notional value.
Virtual currencies are complex, high-risk products and their prices fluctuate widely, so they carry the risk of losing all the capital invested. Trading cryptocurrencies can result in significant losses in a short period of time. Clients should not trade in virtual currencies if they do not have the necessary knowledge and experience in these products.
The Client acknowledges that he/she has read, understood and accepted the Company's risk disclosure information found on the Company's website.
Financial information
The Company shall not be held liable for any losses that the Client may incur (or third parties) due to reliance on inaccurate or erroneous financial information on the Website.
The Client must verify the accuracy and reliability of the information on the Site and its suitability in comparison with other reliable sources of information. The Company shall not be held liable for any claim, cost, loss or damage of any kind allegedly caused as a result of the information offered on the Site or due to the sources of information used by the Site.
The Client approves and accepts that any oral information given to him in relation to his Trading Account may be partial and unverified. The Client accepts sole risk and liability for any reliance on the aforementioned information. The Company gives no warranty that the prices or other information provided by it through its trading software, or otherwise, are correct, or that they reflect current market conditions.
Processing commercial requests and orders
A Customer request and/or order will be processed as follows:
After submitting a request/order, this request/order will be subject to an accuracy test on the Trading Platform;
The request/order must be sent from the trading platform to the server;
The request/order must be subjected to an accuracy test by the server;
The server must then forward the results of the accuracy test to the trading platform;
If the connection between the trading platform and the server is correct, the trading platform will receive the results of the Company's processing of the Client's request or order.
The process time can vary and depends on the quality of communication between the Trading Platform and the Company's server, as well as market conditions. Under normal market conditions, the process time generally ranges from 0 to 4 seconds. In other than normal market conditions, the processing time for the client's request/order may be longer than this.
The Company's server may refuse the Customer's request in the following cases:
If the Client sends the request before the first quote on the Trading Platform at market opening.
If there are insufficient funds in the Client's account to open a new position;
If the Client sends the request/order before the opening of the trading session;
When market conditions differ from normal, such as when there is significant volatility or instability in the markets or the industry as a whole, preventing us from providing our services in an orderly manner, including any instances where we are unable to receive data and/or receive incorrect data from our service providers.
When using the trading platform, you may only use one browser tab. If you use several browser tabs, the trading results may be corrected and/or canceled.
Quotes
The Client acknowledges that the only reliable source of information on the flow of quotes is the main server for client requests. Quotes on the Trading Platform cannot serve as a reliable source of information on the actual flow of quotes, as in the event of an unstable connection between the Trading Platform and the server, part of the quotes in the flow may not reach the Trading Platform.
The charts displayed on the Trading Platform are indicative. Therefore, the Company does not guarantee that the transaction will be made at the same prices specified in the Trading Platform charts at the time of submission of the client's other transactions.
The price displayed on the Trading Platform is formed by the formula (Bid+Ask)/2.
Off-market quotation - the price on the Trading Platform that does not correspond to the price on the market at this time (hereinafter referred to as the "Off-market Price").
In the event that the Company executes the Customer's request/order for off-market quotation, the following shall be imposed on the Company's duty:
In the case of position closing - correction of the financial result between the incorrect closing of the position and the closing according to the actual market price corresponding to the moment of closing the transaction according to the non-market price.
If a position is opened, the Company reserves the right to cancel the financial result relating to that position.
Copyright
Broker10 is a global brand which, in your jurisdiction, is operated by NH Business LLC, a company based at St. Vincent and the Grenadines (hereinafter referred to as "We" or "Company", or "NH Business LLC "). We are the controller and responsible for the Client's data disclosed to us for the registration of a Trading Account, Demo Account and/or for making use of any other services offered by us through the website (hereinafter referred to as the "Website") (this term shall always include the desktop and mobile versions of the Website).
The Company is the owner of all intellectual property rights in and to the Site and the material contained therein, including any copyright, database rights and trademarks. Any such rights that do not belong to the Company belong to third parties and are protected by copyright laws and treaties around the world. All such rights are reserved.
All copyright, database rights, trademarks and any other intellectual property rights in the content and/or throughout the Site belong to the Company, or to third parties, including, without limitation, the Company's licensors and suppliers. The material and content of the Site (in whatever form it exists) may or may not be identified by a symbol and includes, but is not limited to, designs, photographs, graphics, drawings, texts, etc. The absence of any of these symbols should not be taken to mean that the name, term or data is not the intellectual property of the Company, third parties or any licensor of the Company.
Any reference, presentation and/or use on the Site of trademarks and/or any intellectual property rights that are not owned by the Company but by third parties (third party IP) is fair use, since their use is limited to (a) descriptive and informational purposes and at no time as part of the Company's Services, and (b) the minimum necessary. Such third party IP is on the Site for informational purposes only, to provide a simple description of the particular third party's service/goods and the use of such service/goods by the Company within the context and for the purpose of fulfilling its obligations under this Agreement for the provision of the Services.
For clarification purposes, please note that the mere description of third party IP is not of a commercial nature and is only a description without which it is impossible to uniquely identify them, it is not an advertisement of third party goods and/or services or the Company's Services, and does not imply a comparison between the goods and/or services of any third party and the Company.
The Company and third party IP owners (excluding official licensors, partners, suppliers) are not affiliated in any way and/or are not partners or sponsors of each other, they are not bound by licensing, marketing and/or any other mutual agreements or obligations, unless this is expressly stated on the Site.
Unless explicitly stated otherwise, any material and/or message, including, without limitation, idea, know-how, technique, marketing plan, information, questions, answers, suggestions, e-mails and comments (hereinafter referred to as "Information") delivered to the Company shall not be considered confidential or proprietary rights of the Client. Consent to the Agreement shall be deemed to authorize the Company to use all Client Information (excluding Client Information designated for personal identification), at the Company's absolute and sole discretion, without the requirement of any further permission from the Client and/or the payment of any compensation due to such use.
The Client undertakes that any notice, message or any other material provided by the Client is appropriate and does not harm other persons, including their property rights. The Client must refrain from uploading or sending any illegal and/or harmful and/or disturbing material to other Clients, and is strictly prohibited from taking any action that may harm the Company.
Third-party content and websites
The Client undertakes that any notice, message or any other material provided by the Client is appropriate and does not harm other persons, including their property rights. The Client must refrain from uploading or sending any illegal and/or harmful and/or disturbing material to other Clients, and is strictly prohibited from taking any action that may harm the Company.
The Site may include general information, news, commentary, quotes and other information related to financial markets and/or advertising. Some information is provided to the Site by non-affiliated companies.
The Company does not provide investment research. All news, commentary, quotes and other information related to the financial markets published by the Company are of a promotional/marketing nature only.
The Company does not prepare, edit or promote the information/links and/or other information provided by non-affiliated companies.
The Company shall not be liable for the content of any third-party websites or the actions or omissions of their owners, nor for the content of third-party advertisements and sponsorships on these websites. Hyperlinks to other websites are provided for information purposes only. Any Client and/or potential client uses these links at their own risk.
Processing client orders to open positions
If the amount of available funds is sufficient to open a position, the position will be opened.
If the size of the available funds is insufficient to open a position, the position will not be opened.
The Client's order to open a position is processed, and the position is opened only after the corresponding entry in the server's log file. Each new position is assigned a serial number.
Processing customer orders to close positions
A trade position is closed at the current price on the trade server at the time the trade operation is closed.
OTC assets
OTC or "over the counter" asset is an asset that is traded outside the regular market (hereinafter referred to as "asset").
The price of the Asset is formed from data on trading requests and Client orders received by the Company.
The Client acknowledges that by placing requests and trade orders on such Asset, he understands the essence of the work of such Asset and the pricing algorithm of the Asset.
The Client acknowledges that, by placing requests and trade orders on such Asset, he admits that the only reliable source of quotation information is the main server for the Client's trade orders.
Fraud
In the event that the Company has reasonable suspicion to believe and/or become aware that the Client has acted fraudulently in relation to the subject matter of the Contract, including, without limitation, the following occurrences:
Fraud associated with credit card transactions and other ways of filling a balance that does not belong to the Customer;
Fraud associated with the use of software for false trading results;
Fraud associated with errors and system failures for false trading results
The Company shall have the right to block the Client's account without prior notice and without the possibility of withdrawing additional money, and/or the right to unilaterally terminate the Agreement in the out-of-court procedure.
Benefits
The Company may offer benefits to customers, including but not limited to VIP status, tournaments and/or other privileges ("Benefits"), at its absolute discretion and subject to fulfillment of the required conditions.
The Customer acknowledges and accepts:
The Company reserves the right, without prior notice, to change or cancel any of the Benefits provided at any time, for any reason;
Conditions are subject to change at any time and may vary from region to region;
It is forbidden to abuse any of the privileges provided by the Company (for example, creating several trading accounts to claim these Benefits);
The customer can send a request to support@broker10.com to stop receiving such Benefits at any time.
Foreign currency exchange
For any conversion that must be made from one currency to another for the execution of any order, the Company has the right, at its absolute discretion, to debit the Client's Trading Account with the equivalent value of the transaction in the currency in which the Client holds the Trading Account.
For the execution of payments when the currency of the trading account is different from the payment processing currency, the Company will convert from one currency to another for each transaction, based on the exchange rate at the time of conversion (including the currency conversion rate specified in the General Tariff Policy).
The Customer acknowledges and agrees that it shall bear all risks arising from such conversion and, in particular, the risk of loss that may be incurred as a result of fluctuating exchange rates.
Policies to Combat the Financing of Terrorism (CFT)
Legal and regulatory compliance:
NH Business LLC undertakes to comply with all local and international laws and regulations relating to CFT, including those specific to binary transactions.
KYC and Due Diligence:
NH Business LLC will implement comprehensive Know Your Customer (KYC) and due diligence procedures to verify the identity and authenticity of all users.
Real-time monitoring:
A real-time monitoring system will be implemented for all transactions in order to identify suspicious patterns or unusual activities related to terrorist financing.
Immediate Reporting of Suspicious Transactions:
Any suspicious transaction will be reported immediately to the competent authorities and regulatory bodies.
Geographical restrictions:
Geographical restrictions will be implemented to prevent transactions coming from or going to areas with a high risk of terrorist activity.
Continuous training:
All NH Business LLC employees will undergo regular training on CFT-related practices and indicators, ensuring a continuous understanding of threats and preventive measures.
Cooperation with Regulatory Bodies:
The company will cooperate fully with regulatory bodies, law enforcement authorities and other law enforcement agencies by sharing information and collaborating in
investigations related to the CFT.
Internal and external audits:
14.8.1. Regular internal and external audits will be conducted to ensure the effectiveness of CFT policies and to identify areas for improvement.
Policy updates:
CFT policies will be reviewed periodically to ensure ongoing compliance with evolving laws and regulations.
Sanctions and penalties:
NH Business LLC will apply internal sanctions and cooperate fully with external authorities to impose penalties for any activity associated with terrorist financing.
Anti-Money Laundering (AML) Terms of Reference
Know Your Customer (KYC) policy:
NH Business LLC strictly adheres to the KYC requirements established by the laws of Saint Vincent and the Grenadines, following the "Financial Action Task Force (FATF) Recommendations".
Customers must provide specific documentation as required by local legislation, in compliance with global standards.
Transaction monitoring:
The company monitors all transactions in compliance with local and international regulations, following the guidelines of the "United Nations Convention against Transnational Organized Crime (Palermo Convention)".
Any suspicious or unusual activity will be immediately investigated and, if necessary, reported to the competent authorities of Saint Vincent and the Grenadines.
Reporting Suspicious Transactions:
The company is committed to reporting suspicious transactions in accordance with the "FATF Recommendations" and the specific laws of Saint Vincent and the Grenadines. Clients are informed that the company will follow local procedures for reporting suspicious activity.
In addition, the company will follow the principles of the "Inter-American Convention against Corruption (Bogotá Convention)" to promote regional cooperation in the prevention of money laundering.
Training and Awareness:
All company employees in St. Vincent and the Grenadines receive regular training to ensure understanding and compliance with local AML laws, following global best practices and the guidelines of the "United Nations Convention against Corruption (Merida Convention)".
Periodic review of policies:
AML policies are reviewed regularly to ensure full compliance with the specific laws of Saint Vincent and the Grenadines and the "European Union Directives" where applicable. Any changes to the policies will be communicated to clients in accordance with local legal requirements.
Appointment of a Compliance Officer:
The company appoints a Compliance Officer responsible for ensuring the implementation and ongoing adherence to the specific AML laws of Saint Vincent and the Grenadines, following international best practices.
International cooperation:
The company undertakes to cooperate with the authorities of Saint Vincent and the Grenadines, as well as with international organizations, in the prevention of money laundering and the fight against terrorist financing. This cooperation follows the principles of the "Inter-American Convention against Corruption (Bogota Convention)" and the "United Nations Convention against Corruption (Merida Convention)".
Terms and Conditions of the Deposit Multiplication Promotion
Eligibility and Participation: The promotion, offering a tenfold increase on deposited amounts, is valid only during the period defined by the brokerage. The selection of deposits eligible for multiplication is determined by statistical criteria intended to represent approximately 1% of the total deposits made during the promotional period. This procedure is adopted to ensure the financial sustainability of Broker10 and may result in fewer than 1000 deposits being multiplied.
Promotion Limitation: Broker10 does not guarantee that exactly 1000 deposits will be multiplied. The final number of deposits multiplied may be lower, depending on the total volume of deposits received and the operational needs of the brokerage.
Right to Disqualify: Broker10 reserves the right to disqualify any participant who, at its sole discretion, is found to be violating the terms and conditions of the promotion or engaging in any activity considered fraudulent or abusive in the context of the promotion.
Changes to the Promotion: Broker10 also reserves the right to make adjustments or cancel the promotion at any time, due to internal decisions, without prior notice to participants. Such decisions will be made considering the integrity, security, and financial health of the brokerage.
Deposit Limits: The maximum deposit eligible for the promotion is $2,000 or equivalent value in another currency per account. Amounts deposited beyond this limit will not be considered for multiplication purposes.
Withdrawal and Flexibility:
The trader has complete freedom to withdraw their funds at any time, without being tied to any deadlines or conditions imposed by the promotion. This promotion is not a fixed investment nor a promise of guaranteed returns. The multiplication of deposits is a promotional opportunity and not a guarantee of profit. Broker10 emphasizes that there is no connection to pyramid schemes or any form of fixed return promises.