RISK WARNING: Trading leveraged derivative products such as Foreign Exchange (Forex), Contracts for Difference (CFDs) or other financial derivative products carries a high level of risk to your capital. All these products, which are leveraged derivative products, may not be appropriate for all investors. The effect of leverage is that both gains and losses are magnified. The prices of leveraged derivative products may change to your disadvantage very quickly, it is possible for you to lose more than your invested capital and you may be required to make further payments. Before deciding to invest in any financial product, you should carefully consider your investment objectives, trading knowledge and experience and affordability. You should only trade in Forex and CFDs if you have sufficient knowledge and experience of the risky nature of the products, the risks involved in trading such products and if you are dealing with money that you can afford to lose. You should seek independent professional financial advice if you are in any doubt.
(a) These Terms together with your completed and submitted Application Form comprise the Client Agreement between BHC Markets Limited (“we“, “us” or “Company“), a company registered in Mauritius and is regulated by the Mauritius Financial Services Commission and you, the Client (you or yourself). They govern our dealings with you in relation to our Products.
(b) If the Client is comprised of two or more legal persons then a reference to a right or obligation of the Client under this Agreement or under a transaction contemplated by this Agreement confers that right or imposes that obligation, as the case may be, jointly and severally on those persons.
(c) This is a master agreement and sets out the terms and conditions upon which dealings between you and us relating to the provision of advice to the Client or the execution of orders.
(d) This Agreement is in addition to other documents that may have been exchanged and/or executed between the parties. You should read this Agreement carefully and any other documents given to you and that apply to you.
Margin FX and Contracts-for-difference (CFDs) Transactions you enter into pursuant to the terms of this Agreement carry a high level of risk. A more detailed explanation of the risks associated with these transactions is set out in our Risk Disclosure Notice. You should ensure that you fully understand such risks before entering into this Agreement or any transaction with us.
By signing and submitting the Application Form by email or electronically via our website, or by taking any action consistent with your agreement to these terms and conditions, you confirm that you:
1.2 TRADE AT YOUR RISK
Company is under no obligation:
(a) to satisfy ourselves as to the suitability of any Position for you;
(b) to monitor or advise you on the status of any of your Positions;
(c)prevent you from trading beyond your means or ability or to protect you; or
(d) to close any open Position.
1.3 DEFINITIONS AND INTERPRETATION
(a)Whenever used in this Agreement, unless inconsistent with the subject matter or context, the following words shall have the following meanings:
Accept or Acceptance means, except in the case of a Third-Party Online Platform, if the Client, or an Authorised User, indicate by either telephone, email, face-to-face or through an Online Service that they accept the Trade Contract Terms provided by Company.
Account Value means the currency value of the Client’s Account which is calculated by Company combining:
Application Form means the form a Client must complete and submit to apply to open an account with the Company.
Authorized User means a person authorized by the Client to access Company’s services and/or enter into Orders on the Client’s behalf.
Base Currency means the first currency in a Currency Pair. The Base Currency is assigned a value of 1 when calculating exchange rates.
Bought Swap Rate means the interest rate that applies to the Base Currency at the Close of Business on the relevant Trading Day.
CFD means a Contract for Difference.
Client, you or your means the Client named in this Agreement, together with its subsidiaries, affiliates, successors and/or assigns, as well as its officers, directors, employees and agents.
Client Agreement means the completed Application Form and these Terms.
Close of Business means 22:00 GMT.
Closed-Out means the termination of all or part of an Order.
Close-Out Date means the date on which all or part of an Order is Closed-Out.
Close-Out Value means the Order Value at the Close-Out Date.
Corporate Action means payment of a dividend, scrip dividend or special dividend, a rights issue, open offer or free distribution of shares by way of a bonus, capitalization or any other offer or issue to the holders of the underlying asset, a takeover, reverse takeover, merger, demerger, listing, delisting or suspension from listing or any analogous event directly affecting holders of the underlying asset;
Currency Pair means the Base Currency and the Term Currency for a Margin FX contract.
Cut-Off Time means the time (AEST) for the destination country of the international payment by which cleared funds need to be received by us in order for an international payment to be made on any Day. These times are set out on the Website.
Day means a day on which commercial banks are open for business (including dealings in foreign exchange) in the place specified by the Company for that purpose.
Daily Statement means an Account statement issued by the Company on a daily basis. Daily Statements include details of:
a) your open Positions;
b) your new Positions;
c) the opening cash balance on your Account, together with details of Account movements such as deposits, withdrawals or settlements;
d) your closing Account balance for the day;
e) profits or losses made on Open Positions (your open trade equity);
f) the value of your Positions and movements on your Account in the currency in which your Account is denominated, indicating, where appropriate the consolidation rates used;
g) other items affecting your Accounts, such as Rollover Benefits or Rollover Charges applied to your Account;
h) profit or loss made on open Positions (your open trade equity);
i) the liquidation value;
j) your Total Margin Requirement; and
k) your Margin excess or deficit.
(b) Each of the following constitutes a Default Event:
(c) in the case of a body corporate:
(d) In the case of a trust, the Client ceases to be the trustee of the trust or the relevant trust is terminated.
Deposit means the amount deposited by the Client with Company as requested by Company in relation to all Financial Products, at the time of booking and at any time prior to the Value Date which is a part-payment toward the agreed Order value and not client monies. Deposit includes amounts deposited by the Client with Company as requested by Company in respect of any anticipated or existing Open Positions which the Client has or will have with Company.
Financial Product means a foreign exchange contract or a transaction in which a Client and Company enter into an OTC derivatives contract based on the value of an underlying asset or assets (including but not limited to a currency or currency pair, a commodity, a precious metal or an index).
Force Majeure means events or causes including, but not limited to, the following: an act of God, peril of the sea, unavoidable accident of navigation, war (whether declared or not), sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), martial law, fire, flood, cyclone, earthquake, landslide, explosion, power or water shortage, failure of a transmission or communication network, epidemic, quarantine, strike or other labor difficulty or expropriation, restriction, prohibition, law, regulation, decree or other legally enforceable order of a government agency, breakage or accident, change of International, State or Commonwealth law or regulation or any damage of Company’s hardware or systems, unless occurring as a result of an act, omission, default or negligence of the Client or Company.
Free Balance means, at any time, the excess (if any) of the balance of the Client’s account at that time over the required Deposit.
Futures CFD means a CFD where the value of the contract derives its value from an underlying asset or instrument whose price is quoted on a futures market.
Fully Hedged Position means an Open Position that is equal and opposite of another Open Position.
Guarantor means any person(s) identified as such in the Application Form.
Hedged Position is as defined in clause 3.7.
Instruction means any instruction or request given by the Client to Company relating to the execution of a Financial Product as provided for under clause 8.2.
Insolvency Event means any steps taken for:
Law means any local or foreign law, regulation or judgment, court order or sanctions regimes which Company is subject to.
Long Party means in respect of any Order the party identified in the Trade Confirmation Notice as having notionally bought the underlying asset or assets to the OTC derivative contract.
Margin Call means an amount, in addition to the Deposit, as solely determined by Company.
Margin FX contract means a Margin Foreign Exchange contract.
Mark to Market means the daily revaluation of an OTC derivatives contract entered into between Company and the Client to reflect its current market value rather than its original contract value. Company shall have the right, at its sole discretion, to determine the Mark to Market value on a daily basis.
Merger Event means in respect of any underlying asset:
Notice means a notice required or permitted to be given under this Agreement or for the purposes of this Agreement.
Online Services means the services which provide the ability for clients to transact with Company by way of an online trading platform including a Third-Party Online Platform.
Open Position is where the Client has entered into a transaction or contract with Company, and a further transaction is required in order to close the position;
Order means a Financial Product entered into between Company and the Client under the applicable Trade Contract Terms.
Order Value means for any Order, the Order price or rate multiplied by the Order quantity.
OTC means Over-the-Counter.
Partially Hedged Position means an Open Position that is opposite but not equal to another Open Position.
Previous Order Value means, the amount calculated as follows:
Quoting Error means a liquidity provider error, a software error, a typographical error or obvious mistake in a quote or indication and includes quoting delays.
Reciprocal Obligation means Company’s obligations to the Client in relation to an Order, a Margin Call or a Deposit.
Reference Interest Rate means that interest rate provided by our liquidity provider plus Company’s transaction fee of 3.5% per annum.
Retail Client has the same meaning in Part 1 Section 2 of the Securities Investments Business Law.
Security Details means the information required by Company under clause 3.6.
Sell Swap Rate means the interest rate that applies to the Term Currency at the Close of Business on the relevant Trading Day.
Share CFD means a Financial Product where the underlying asset is a security listed on an exchange.
Short Party means in respect of any Order the party identified in the Trade Confirmation Notice as having notionally sold the underlying asset or assets to the OTC derivative contract.
Sophisticated Investor means a person as defined in Part 1 Sections 2 of the Securities Investments Business Law
Spot CFD means a CFD where the value of the contract derives its value from an underlying asset or instrument whose price is quoted on a spot market.
Swap Charge or Swap Credit is as defined in clause 5.1 and 5.2.
Swap-Free Account or Islamic Account means an account offered by Company, at its sole discretion, which is designed specifically for, and available only to, Clients who cannot receive or pay rollover interest on overnight Open Positions for religious reasons.
Term Currency means the second currency in a Currency Pair.
Terms mean these terms and conditions, together with all schedules, attachments or other documents attached.
Third-Party means any entity with whom Company has entered into an agreement or arrangement whereby Company offers the Client access to that entity’s online trading platform (“Third-Party Online Platform”) for the purpose of the provision via the Third-Party Online Platform of additional services to the Client.
Third-Party Online Platform means any online trading platform offered by a Third-Party.
Trade Confirmation Notice means a document signed by the Client and Company confirming the details of the Financial Product entered into between the Client and Company.
Trade Contract Terms means the price, timing and other details (as contained in the Instructions) Company provides you, either verbally or via the Internet, at which the relevant Order can be purchased or sold.
Trading Day means Monday to Saturday including public holidays.
Value Date means either the Day selected by the Client and agreed by Company for the settlement of an Order or if there is no such Day, the future value date after the execution of an Order by the Client and includes any agreed variation to the original date, being either an earlier or a later date.
Valuation Time means the Close of Business on each Day or any other time Company decides in its absolute discretion.
Company, we, our or us means BHC Markets Limited, its subsidiaries, holding companies, successors and/or assigns, as well as its officers, directors, employees and agents.
Website means the Company website.
CLIENT REPRESENTATIONS AND WARRANTIES
(a) The Client warrants that:
(b) The Client represents and warrants to Company that:
(c) The Client acknowledges that:
(d) The Client:
2. THE ACCOUNT
2.1 OPENING AN ACCOUNT
(a) You need to have an active Account prior to transacting with us. No Orders can be placed until an account has been opened and cleared funds received and credited into the Account. You can apply for more than one Account. References in this Agreement to your Account are taken to include reference additional accounts.
(b) To apply for an Account, you must complete an Application Form. Company, at its sole discretion, may accept or decline your application. If Company accepts your application, you will be notified via email. Company may at its absolute discretion refuse your application for any reason we consider appropriate
(c) Only cleared funds are credited into the Account. This applies to payments made for the purpose of Initial and Variation Margin.
(d) Funds deposited with Company are held in compliance with the Mauritius Client Money Rules.
(e) If Company permits the Client to place an Order where no account has been opened, or clear funds received, this will not limit the Client’s liability to Company under this Agreement.
2.2 ACCOUNT INFORMATION
(a) You accept and warrant to us that any information provided to us at any time is true and correct and that you will immediately inform us of any change to that information.
(b) You are required to keep confidential all Security Details relating to the Account, including, but not limited to, any username, account number, user ID and password. Once you have established this Security Details, Company has no obligation to verify the authority of anyone using this information to operate your account. If you are aware or suspect that these items are no longer confidential, you should contact us immediately.
2.3 AFFILIATES AND INTRODUCING BROKERS
If you are referred to us by an Affiliate or Introducing Broker, you must not assume these parties have access to your Account, act on your behalf (send us instructions) or view your trading history unless they are an Authorized Person.
2.4 AUTHORIZED USERS AND AUTHORIZATION LIMITS
(a) Company may accept your authorization of another person (Authorized User) to give instructions and place Orders on the Client’s behalf. The Authorized Person can be an Affiliate, Introducing Broker or Trading Agent. The Client must notify Company in a written Notice in the form of authorization under a power of attorney.
(b) Upon Company receiving such Notice the change in Authorized User is effective immediately. However, the Notice shall not affect any Orders already executed.
(c) Any appointment of an Authorized User shall remain in full force and effect unless and until a notice of cancellation of appointment has been delivered to Company.
(d) The Client may inform Company of an authorization limit applicable to some or all Orders either in general or for particular Authorized Users. Any authorization limit provided by the Client to Company may be withdrawn by the Client at any time by giving Notice to Company.
(e) All Instructions were given and Orders accepted by an Authorized User within their authorization limits will be deemed to be Instructions and Orders authorized by the Client and shall be binding upon the Client.
(f) Until the Client has provided a Notice to Company to the contrary, Company may continue to assume that all existing Authorized Users have authority to execute legally binding Orders with Company within their authorization limits.
(g) The Client hereby indemnifies and agrees to hold Company harmless in respect of any loss incurred by an Authorized User entering into Orders within their authorization limits.
(a) Company will provide you with access to online service where you can track the following information in your Account:
(b) Payments to the Account may be made using any of the following payment methods:
(c) Company reserves the right to remove or restrict the payment methods that you use to deposit and withdraw money from your Account.
(d) The Client must have sufficient cleared funds deposited in an account before Company creates any Order. Company will indicate to the Client, where applicable, the sum required as the Deposit for each Order (where applicable).
(e) Company may impose other fees and charges for using the services, by providing Notice to the Client. If the Client does not consent to the charges, the Client can terminate the Agreement immediately and the charges will not apply to the Order prior to the Notice being given by Company.
(f) Company is not responsible for any fees or charges imposed by Third-Party banks or other counter-parties, which are incurred by the Client in connection with the use of the services.
(g) All payments under this Agreement must be made in United States dollars or any other currency that Company may agree to.
(h) If Company becomes aware or has reason to believe that the money you’ve deposited has come from someone other than you (i.e. from a funding method in someone else’s name), Company reserves the right to decline your deposit, return the money to the source of origination, void any transactions and terminated this Agreement.
(i) If Company is not satisfied that a payment method is in your name, Company reserve the right to ask you for documents to prove this before Company decide whether to credit your Account.
(a) If your Account shows Free Balance, you can ask Company to pay some or part of that Free Balance to you.
(b) Company may choose to withhold some or all any withdrawal that you request at its own discretion if:
(c) Company will inform you as soon as reasonably possible if Company decides to withhold any part of your Free Balance.
(d) Company has the right to refuse to act on Instructions to send funds to a bank account or any other account if it has a reason to believe this destination account is held in a different name than the trading account name.
(e) Company will use all reasonable endeavors to make payments to the Client in accordance with the timing specified in the Client’s Instructions. However, Company shall not be liable under any circumstances for any direct, indirect or consequential loss (including any loss of profits) incurred as a result of a delay in funds reaching the Client’s nominated account.
(f) Company will not be liable if a payee/beneficiary bank fails to process a payment correctly.
(g) Company is only required to make an international payment to or at the direction of the Client on a particular Day if cleared funds have been received by Company prior to the Cut-off Time for that Day. International payments relating to funds received by Company after the Cut-off Time for a Day will be made on the next Day.
The Client agrees all funds in and out of the Account are subject to Company’s deposits and withdrawals policy on our website.
2.7 SEGREGATED CLIENT MONEY
(a) All money deposited by the Client with Company, received by Company or its agent on behalf of the Client, or that is, client profits on the Close Out of a Financial Product shall be deposited into one or more accounts nominated by Company and will be paid into a client segregated bank account when required by Law, which is typically when the Client pays money into the nominated account:
(b) While the Client’s money is segregated from Company’s money, it may be co-mingled with the money of other Clients and utilized by Company from time to time where Company is allowed to do so pursuant to Law.
(c) Company shall be entitled to retain any interest earned on such segregated money held or invested by Company. Company may use the funds in the client segregated account:
(d) If the Client is a Wholesale Client (other than a Sophisticated Investors) then the Client acknowledges that clause 6.4 constitutes the Client’s written agreement to using funds in the client segregated account in the manner referred to in that clause.
(e) The Client acknowledges clause 4.6 is sufficient written authorization for Company to withdraw without notice to, or further authorization from, the Client the amount of money deposited into the segregated account necessary to meet Company’s obligations incurred for this purpose. The Client has no interest in or claim over Company’s contracts (if any) with any other person or in the accounts into which Company lodges or pays the funds which were withdrawn from the segregated accounts. The Client acknowledges that the balance of the Client’s account may not be protected if there is a default in the dealings with counterparties or in the overall segregated account balance.
(f) Company enters into arrangements with Third-Party execution providers for the facilitation of transactions and settlements, and avails monies received for Deposits and settlements which are not client money to such providers for this purpose.
(g) When Company accepts money from a Client in connection with an Order, a Margin Call or a Deposit, the Client immediately receives Reciprocal Obligations from Company under the Trade Contract Terms. The payment is not “client money”, but rather has purchased that Reciprocal Obligation from Company.
3.1 INSTRUCTIONS AND CREATION OF ORDERS
(a) Rate indications from Company are available by telephone, email, face-to-face or through the Online Services. Such indications are not binding, and the rates will be as agreed when Company exercises it right to create an Order.
(b) The Client, or an Authorized User may issue trading instructions to Company by using the Company Trading Platform via a desktop computer or a mobile device.
(c) Company, at its discretion, may accept orders or instructions from the Client through other means, such as by email or telephone.
(d) If the Client or an Authorized User executes an Order on the Company Trading Platform, they are deemed to be making an offer to trade at the quoted price. A Trade Contract Terms and the quoted price offered by the Client or an Authorized User will not be binding until the Order has been accepted and confirmed by Company subject to its discretionary rights.
(e) If Company exercises this right, then an Order is formed between the Client and Company. When an Order is created the parties shall become bound by the content of the relevant Trade Contract Terms and this Agreement.
(f) Company reserves the right to decline to enter into any Order proposed by the Client or an Authorized User. Company shall not be obliged to give a reason. However, Company shall promptly notify the Client that Company has not created an Order with the Client.
(g) When the Client, or an Authorized User, contact Company by either telephone, email, face-to-face or through an Online Service and provides the appropriate Client reference number (and such other security checks as Company may specify), Company may, but is not obligated to, ask for the following information:
(h) An Order may be:
(i) Orders may be placed as:
(j) Limit Orders to buy and stop Orders to sell must be placed below the current market price, and limit Orders to sell and stop Orders to buy must be placed above the current market price. If the bid price for sell Orders or ask price for buy Orders is reached, the Order is filled as soon as possible at the price obtainable in the market. Limit and stop Orders are therefore not guaranteed executable at the specific level or amount.
(k) Where the Client is using a Third-Party Online Platform, and the Client selects a feature offered by the Third-Party that facilitates trades automatically, then acceptance of the Order occurs automatically for each Order placed by the Third-Party, subject to the terms of the Third-Party’s agreement with the Client, and subject to Company’s discretionary right to create an Order.
(l) You acknowledge that Company is not making any discretionary decisions to buy or sell Financial Products on the Client’s behalf, but rather, the Client is choosing to use trading strategies offered by a Third-Party via a Third-Party Online Platform.
(m) The Client shall indemnify Company for any error made by the Client or an Authorized User in providing Instructions to Company.
3.2 CANCELLATION OR ALTERATION OF AN ORDER
(a) If the Client decides that it wants to change any of the amounts or the dates under an Order, and the Client contacts Company accordingly, Company may in its discretion provide the Client with Trade Contract Terms for the alteration which are reasonable given the market conditions. The Client may either accept the new Trade Contract Terms and form a new Order or remain bound by the Trade Contract Terms of the original Order.
(b) If, after an Order has been placed, the Client informs Company that they wish to cancel the Order, or this Agreement allows Company to treat the Client as having terminated the Order or this Agreement, Company may terminate at its complete discretion either the Order alone or the Order and this Agreement, but may also at its discretion insist on the performance of the Order.
(c) If the Client cancels or fails to perform an Order, the Client is liable for any loss or damage suffered by Company in closing out Orders which the Client has cancelled or failed to perform.
(d) The Client may forfeit part or all of any Deposit in the event of cancellation. Where Company has suffered loss, it reserves the right to set off against the Client’s Deposit or any other funds received from the Client, any charges, fees or losses sustained by Company in closing out the Order.
3.3 CURRENCY CONVERSIONS
(a) Money can be paid under the Agreements in these currencies, on the terms set out in this clause: Australian Dollars (AUD), United States Dollars (USD), British Pound Sterling (GBP), Euro (EUR), Canadian Dollars (CAD), Japanese Yen (JPY), New Zealand Dollars (NZD), Singapore Dollars (SGD) or Hong Kong Dollars (HKD).
(b) Realized profits and losses will be converted into the currency specified for the trade and will be converted into the Base Currency of the Account at the current sport rate immediately on closing-Out a Position.
(c) If the Client makes a payment to Company in a different currency than the Base Currency of the Account, the payment will be converted into the Base Currency of the Account at the spot rate given by Company’s financial institutions.
(d) All payments made by the Client to Company and by Company to the Client will be converted into the Base Currency of your Account unless otherwise agreed.
(e) Company does not charge fees on currency conversions.
3.4 TRADING CONFIRMATIONS AND STATEMENTS
(a) Each time the Client places an Order with Company, a confirmation of the executed trade will appear in the Company Trading Platform.
(b) The Client consents to receive Trade Confirmations by electronic means including, for example, through any Online Service.
(c) Company will make available Daily and Monthly Statements via Company Trading Platform or any Online Service. Following the end of day settlement time, provided the Client has transacted or has an open Position,
Company Trading Platform will produce a Daily Statement which will be emailed to the Client at their registered email address and then made available on the Company Trading Platform.
(d) Following month-end, Company will produce an electronic version of the Client’s trading statement which will be emailed to the Client and be available on the Company Trading Platform. This will provide the same details as the daily statements but cover all account movements and transactions opened for the month.
(e) The Client is responsible for promptly checking all contents of Confirmations and the Daily and Monthly Statements. The client must immediately notify Company if they become are that there is an error in the Confirmation or the Statements. Company is entitled to assume that the Confirmations and Statements are correct unless the Client notifies Company of any error within 48 hours following us giving the Confirmation or the Statements becoming available to the Client.
3.5 TELEPHONE AND EMAIL TRANSACTIONS
(a) An Authorized User may request Company to accept Instructions and enter into Orders by telephone. Company has sole discretion to accept Instructions and enter into Orders by telephone.
(b) Company may check the authority of the caller by requesting the caller give his or her name and confirming that such name has been notified to Company by the Client as an Authorised User. Upon such check confirming the identity of the caller, Company may assume that the caller has the full authority as previously notified by the Client.
(c) The Client acknowledges and agrees, and will ensure that each Authorised User acknowledges and agrees, that Company may make a recording of each telephone Instruction and any other conversation (including Internet conversations e.g. chats) received from a Client or an Authorised User or between a Client or an Authorised User and Company. The recording remains the property of Company. The telephone recording can be used by Company to confirm the terms and conditions of any transaction where there is a dispute with a Client as to the Trade Contract Terms of the transaction, and for training and monitoring purposes.
(d) An Authorized User may request Company to accept Instructions and enter into Orders by email. Company may accept Instructions sent by email. The Client acknowledges and agrees that upon the acceptance by Company of the Client’s Instructions, the Client shall be bound by those Instructions.
3.6 ONLINE SERVICES
(a) If the Client or the Client’s Authorized User uses any of the Online Services, the Client or Authorized User will be able to:
(c) An Online Service may be a proprietary service provided by Company or a service provided to you by a third party pursuant to an arrangement with Company (for example, by an Exchange or by a software provider).
(d) The Client is responsible for complying with the operations aspects of Online Services provided by Company or the provider of the Online Services.
(e) Company may at any time without notice suspend, withdraw or deny access to the Online Services to a Client or one or more of the Client’s Authorized Users for any reason including but not limited to security, quality of service, failure by the Client to pay any amount when due or breach by the Client of any provision of this Agreement.
(f) Clients can contact Company in writing to terminate their access to an Online Services Company can delay, decline or reverse any Order if Company reasonably:
Under such circumstances, Company will not be liable for delaying or refusing to carry out an Instruction.
Company will not be responsible for confirming the receipt of instructions or verifying the authenticity of the Client’s or the Client’s Authorized User’s instructions.
The Client must take all reasonable precautions to ensure that:
The Client must inform Company immediately should they suspect or discover that:
The Client acknowledges and agrees that:
Clients are responsible for obtaining, maintaining and ensuring compatibility of their electronic software, devices and equipment. Company will not be responsible for any loss of or damage to a Client’s data, software, computer, electronic devices, telecommunications or other equipment caused by use of any of the Online Services unless such loss or damage is directly and solely caused by our negligence or deliberate default.
Clients are responsible for ensuring that their electronic devices and equipment are free from viruses and other malware and Company will not be responsible for any losses incurred by failure to do this. Company shall use reasonable endeavors to keep the Online Services free from viruses and corrupt files but cannot guarantee that the Online Services will be free from infection by viruses or anything else with contaminating or destructive properties. Company is not able to guarantee that access to any of the Online Services will be uninterrupted, continuous or error-free.
By breaching this provision, a Client may also commit a criminal offence. Company may report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing a Client’s identity to them. In the event of such a breach, the Client’s right to use the Online Services will cease immediately and without Notice. Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect a Client’s electronic devices and equipment.
3.7 HEDGED POSITIONS
Company may allow you to execute Hedged Positions on some Financial Products from time to time. A Hedged Position is an Open Position that is opposite of another Open Position. In other words, it is the same Financial Product, but the opposite direction (i.e. you are the Long Party and the Short Party). A Hedged Position may be a Fully Hedged Position or a Partially Hedged Position.
Company reserves the right to reduce the Deposit to zero for Fully Hedged Positions. We also reserve the right to reduce the Deposit for Partially Hedged Positions. If we choose to reduce the Deposit, we do not waive the right to require a deposit at any given time.
You acknowledge and agree that if the Deposit for a Hedged Position has been reduced and you close anyone Open Position that forms part of the Hedged Position, it will immediately trigger the full Deposit for the Open Position. If you do not have sufficient Deposit such Open Position will be closed in accordance with clause 3.2 (c).
Company may close all or part of any Hedged Position at any time without notice at the Close-Out Value where we reasonably believe that the Hedged Position is being abused by a Client including where we reasonably believe that such Hedged Positions are not in the ordinary course of trading.
3.8 DELAYS AND QUOTING ERRORS
Although Company will use all reasonable efforts to process the Client’s Order on a timely basis. However, Company shall not, in the absence of gross negligence or willful misconduct, be liable for delays, damages, failures or errors in the completion of the Order.
Should a quoting error occur due to a typographical error or obvious mistake in a quote or indication, Company:
Any dispute arising from a quoting error will be resolved on the basis of the fair market value, as determined by Company acting reasonably, of the relevant currency at the time such quoting error occurred.
If Company is unable to perform its obligations under this Agreement or an Order because of factors beyond its control or because of a Force Majeure Event, Company will notify the Client as soon as is reasonably practicable and will use reasonable endeavors to secure the return of any money paid by the Client in respect of which Company has been unable to discharge its obligations under this Agreement.
Company may give a Notice to the Client at any time if it forms the view that market conditions in the relevant financial market for the currency concerned are seriously disturbed. This includes circumstances where, in Company’s opinion, deposits in the currency concerned are not available in the ordinary course of business to Company in the relevant financial market or because of national or international financial, political or economic circumstances or exchange controls, it is impractical.
When a Notice under clause 15 is given, Company’s obligations will be suspended while it and the Client negotiate alternative arrangements. If the parties reach an agreement before the Value Date, those alternative arrangements will apply. If they do not reach agreement within that period, each will be released from its obligations under the relevant transaction.
3.9 TRADING HOURS
Trading hours for Margin FX Contracts and CFDs vary and will depend on the relevant Underlying Instrument’s hours of operation. The trading hours are published on our website.
We are under no obligation to quote prices or accept Orders on a public holiday in any jurisdiction which, in our reasonable opinion, affects the relevant value of the underlying asset or assets to the OTC derivative contract Company offers. We give notice of such public holidays and the underlying asset or assets affected on the Online Service.
4.1 INITIAL MARGIN
(a) Before placing a trade that creates an open Position the Client is required to pay into the Account the Initial Margin for that Position as calculated by Company.
4.2 MARGIN OBLIGATIONS
The Client must pay to Company such amounts of Margin as it may require under this Agreement.
A Margin Deposit is credited by Company at the time cleared funds have been received into the Client Account or such earlier time as allowed by Company, so a Margin requirement for any anticipated or Open Positions by Company is not satisfied unless and until the Client’s payment is received in cleared funds into the Client Account.
Company will not be liable for any losses including losses arising from real or Open Positions if a Margin Deposit or payment is not received in cleared funds into the Client Account.
The Client must maintain at least the amount of Margin required by Company whether or not Company gives any notice to the Client to make those payments of the Client has actual notice of the required amount. The required amount of Margin can change continuously, including over the weekend or other non-trading days
It is the Client’s sole responsibility to monitor at all times through the Company Trading Platform any notifications that Company may, but is not obliged to, provide, the Margin deposited or any Minimum Margin requirement under this Agreement having regard to such matters as:
The Client must ensure that for as long as they have an Open Position, their account is sufficiently funded to cover the required Margin. If not, the Client’s Open Position may be Closed Out by Company without prior notice to the Client.
Company may, in its absolute discretion, provide the Client with further time to meet their Margin Requirements. Such permission will only be effective once confirmed in writing by Company and only to the extent provided in the notice.
If Company asks the Client to transfer money to it to meet its Margin requirement, the client must take this action immediately. If they don’t, Company will consider it a Default Event under these terms. Company may also cancel any Orders or Close-Out one or more of the Client’s positions or part of their positions at its sole discretion without being liable to the Client, regardless of whether the Client transfers additional money to it.
4.3 MARGIN CLOSE-OUT
Company’s Margin practice is an automated process where the Company Electronic Trading Platform displays a visual warning on your Account online at different Margin levels. If the funds in your Account only cover 80% of the margin requirements, a Margin Call alert will be triggered, and you will receive a visual warning automatically on the Company Trading Platform. If the funds available in your account only covers 50% of the margin requirements for your open Margin FX or CFD positions, your worst-performing Margin FX or CFD positions (i.e. the CFD with the largest margin requirement) will be automatically closed out.
4.4 CHANGING MARGIN PERCENTAGE
Company may vary the Margin Percentage in respect of any Position at any time by giving notice in accordance with clause 16.
Any variation of the Margin Percentage and/or increase in Margin or Minimum Margin requirement will be due and payable immediately on Company demand.
4.5 MARK TO MARKET PAYMENTS
Company calculates the Order Value as at each Valuation Time.
All Mark to Market Payments:
with immediate effect, nullifying all trades carried out on client’s trading accounts and cancelling any profits earned or losses incurred on such client’s trading accounts.you owe to us are debited from your account, on the Same Day as the relevant Valuation Time or Close-out Date.
4.6 FORCED LIQUIDATION
The Client is required to maintain a sufficient level of Margin. Company reserves its rights to close out all Open Positions:
Company shall have the right, at our sole discretion, to determine the Mark to Market value from time to time.
In addition to other remedies available to Company, if the Client fails to pay any amount when due under this Agreement, or if a Default Event occurs, Company has the right to terminate (by either buying or selling) any or all of the Client’s Open Positions.
5. CHARGES AND CREDITS TO THE ACCOUNT
5.1 INTEREST CHARGES ON OPEN MARGIN FX POSITIONS
Where an Order for a Margin FX contract is held overnight, the Order is subject to a Swap Charge or Swap Credit determined by Company in accordance with this clause:
Where an Order for a Margin FX contract is held at the Close of Trade on a Wednesday, the Swap Charge or Swap Credit is adjusted to reflect interest rate changes in the Currency Pair until the following Monday.
Where an Order for a Margin FX contract is held overnight, the Client agrees to pay Company a transaction fee of up to 10% of the value of the Swap Charge or Swap Credit.
Swap Charges or Swap Credits and Company’s transaction fee are calculated and applied to your account at the beginning of the next Trading Day.
No Swap Charge, Swap Credit or transaction fee is payable where an Order for a Margin FX contract is opened and closed on the same Trading Day.
5.2 INTEREST CHARGES ON OPEN SPOT CFD POSITIONS
Where an Order for a Spot CFD is held overnight, the Order is subject to a Swap Charge or Swap Credit determined by Company multiplying the value of the contract at the end of the Trading Day by the Reference Interest Rate and adjusted for any dividend in relation to the underlying asset or instrument.
Where an Order for a Spot CFD is held at the Close of Trade on a Friday, the Swap Charge or Swap Credit is adjusted to reflect the cost of holding the position until the following Monday.
Swap Charges or Swap Credits in relation to Spot CFDs are calculated and applied to your account at the beginning of the next Trading Day.
No Swap Charge or Swap Credit is payable where an Order for a Spot CFD is opened and closed on the same Trading Day.
5.3 ROLLOVER CHARGES & CREDITS FOR OPEN FUTURES CFDPOSITIONS
Where an Order for a Futures CFD is held overnight, the Order is not subject to a Swap Charge or Swap Credit.
Where an Order for a Futures CFD is held at the Close of Trade on the Close-Out Date, the Order is automatically rolled over meaning that the contract is closed, and a new Order is created for the Futures CFD on the next Trading Day at the new contract price. Company will not automatically roll over an Open Position for a Futures CFD held at the Close of Trade on the Close-Out Date unless Company has provided reasonable notice to the Client of the Close-Out Date and the position remains open after this date.
Where an Order for a Futures CFD is held at the Close of Trade on the Close-Out Date, an adjustment will be applied to the Client’s account to reflect the difference between the old contract price and the new contract price for the Futures CFD less an administration fee of 2.5 basis points payable to Company.
Cash adjustments will be applied to the Client’s account on the first Trading Day of the new contract.
5.4 COMMISSIONS FEES AND EXPENSES
In addition to any other fees or charges set out in these Terms, the Client agrees to pay:
The Client confirms and acknowledges that Company is, without limiting its powers to recover amounts owing by the Client to Company in any other way, permitted to deduct, without further reference to the Client, charges relating to any services provided by Company including administration charges (including but not limited to fees associated with returned cheques, payment processing, debt collection and telephone transcript copies), charges relating to the use of the Online Services and any transaction fees charged to Company by others with respect to the Client’s transactions including, but not limited to tracing fees.
Company may in its absolute discretion waive or reduce fees or transaction charges, for individual clients or for classes of clients, for any length of time, with or without conditions, without notice.
The Client acknowledges that should they affect an Order with Company, the Client must pay all transaction charges, fees, settlements, interest and any other amounts due under this Agreement on demand by Company in cleared funds or otherwise as required in accordance with the terms of this Agreement.
The Client agrees that Company may at any time share transaction fees and charges with any other persons without being required to disclose the sharing of such fees and charges to the Client unless such disclosure is required by Law.
5.5 SWAP FREE OR ISLAMIC ACCOUNT
Clients who hold a Swap Free Account will be charged an administrative fee instead of being credited or debited with a Swap Charge when holding a position overnight. Company reserve the right to change the administration charges from time to time. Apart from this difference, Swap-Free Accounts have exactly the same trading conditions and terms as Company’s regular Client accounts.
If a Client holds an existing regular account and wishes to convert that account to a Swap Free Account, the client must make a request in writing to our support team. The conversion from a regular account to a Swap Free Account can only take place if all positions on the regular accounts are closed and the account is reconciled.
Swap Free Accounts are to be used in good faith and, the Client may not use the Swap-Free Account to make profits from swaps or, not paying swaps. The Client may not request the payment of any Swap Credit amounts that have been lost as a result of converting Client account(s) into one or more Swap- Free Accounts for the period during which the Client’s account(s) have been converted into one or more Swap Free Accounts.
Company reserves the right to revoke or cancel a Swap Free Account without having to provide any reason. If Company detect that a Swap Free Account is being abused by taking advantage of not paying swaps, in the form of, but not limited to; fraud, manipulation, cash-back arbitrage, carry trades, or other forms of deceitful or fraudulent activity with the usage of a Swap Free Account, then Company reserves the right to take immediate action in the form of;
(a) A Client’s obligations under the Agreement must be guaranteed:
(b) The Guarantor acknowledges that Company is acting in reliance on the Guarantor incurring obligations and giving rights under this guarantee and indemnity.
(c) The Guarantor unconditionally and irrevocably guarantees to Company compliance with their obligations in connection with the Agreement, including each obligation to pay money.
(d) If the Client does not comply with those obligations on time and in accordance with the Agreement, then the Guarantor agrees to comply with those obligations on-demand from Company. A demand may be made whether or not Company has made demand on the Client.
(e) The Guarantor indemnifies Company against any liability or loss arising from, and any costs it incurs, if:
(f) The Guarantor agrees to pay amounts due under clause 6 on demand from Company.
(g) Company need not incur expense or make payment before enforcing this right of indemnity.
(h) The guarantee in clause 6 is a continuing obligation despite any intervening payment, settlement or other thing and extends to all of the Client’s obligations in connection with the Agreement. The Guarantor waives any right it has of first requiring Company to commence proceedings or enforce any other rights against the Client or any other person before claiming from the Guarantor under this guarantee and indemnity.
(i) The Guarantor acknowledges that, before entering into this guarantee and indemnity, it:
(j) The Guarantor agrees to make payments under this guarantee and indemnity:
(k) If the Guarantor makes a payment that is subject to any withholding or deduction, the Guarantor agrees to pay Company such additional amount to ensure that the amount actually received by Company equals the full amount Company would have received had no withholding or deduction been made.
(l) The rights are given to Company under this guarantee and indemnity, and the Guarantor’s liabilities under it, are not affected by any act or omission of us or any other person. For example, those rights and liabilities are not affected by any act or omission:
As long as any obligation is required, or maybe required, to be complied with in connection with this guarantee and indemnity, the Guarantor may not, without our consent:
7. CORPORATE ACTIONS
If a Corporate Action occurs, Company will reasonably determine what adjustment, if any, should be made to an Order to account for the dilutive or concentrative effect of any such event to preserve the economic equivalent of such Orders prior to the relevant event or to reflect the effect of such event on such Orders. Any such adjustments will be effective as of a date reasonably determined by us.
Company will not make dividend payments.
If a Client is the Long Party for a Share CFD which goes ex-dividend, Company will credit the Client’s account with a cash adjustment to reflect the impact of the dividend on the Orders. The amount of the adjustment will depend on the amount of the gross dividend on the relevant number of Share CFDs on the ex-dividend date.
If a Client is the Short Party for a Share CFD which goes ex-dividend, Company will debit the declared cash dividend from the Client’s account. The amount of the adjustment will depend on the amount equal to the gross dividend on the relevant number of Share CFDs on the ex-dividend date.
If an underlying asset to which an Open Position relates is subject to a Merger Event, Company reserves the right to close any or all affected Open Positions at anytime during the Merger Event. Company will not close any Open Position that is subject to a Merger Event unless it has provided reasonable notice to the Client of a deadline for the Client to close their Open Position and the position remains open after this deadline.
Company reserves the right to adjust the opening price of any Financial Product that is subject to a Merger Event to reflect any cash portion of the offer or to amend the size to reflect any corresponding adjustment to the underlying asset caused by the Merger Event and/or to close the affected Open Positions and reopen a new position reflecting the new underlying asset that has been created. Any such adjustments will be effective as of a date reasonably determined by us.
If Company determines that no adjustment can be made under this clause 7(g) which would produce a commercially reasonable result, Company may close your Open Position at the Close-Out Value on a date reasonably determined by us.
Where the Client is the Long Party for a Share CFD in relation to a US stock or security, and the Share CFD goes ex-dividend, Company is required by US tax legislation to withhold 30% of the cash adjustment to reflect the impact of the declared dividend. Company will remit the amount withheld to its liquidity provider who will account the withheld amounts to the proper US authorities. Clients can view amounts withheld for US tax legislation purposes from their account.
8. TRADING SUSPENSION AND DISRUPTION
If, at any time:
If the suspension or halt continue for 5 Business Days, Company at its discretion may Close-Out your part or all of your Positions. When this happens, Company will decide the Close-Out date and the Close-Out value of your Contract in good faith (the Close-Out value will be the Underlying Asset price x the number of Contracts).
Company reserves the right at all time during any marketing limitations, suspension or disruption to adjust the price of any affected Underlying Asset.
9. AMENDMENT, ASSIGNMENT AND TERMINATION
The terms of this Agreement and any transactions under it may be amended by Company at any time. Company will provide Notice to the Client of any such amendment. The Client agrees to be bound by the terms of such an amendment on the earlier of:
Any other amendments must be agreed to in writing between Company and the Client.
At no time shall either party enter into commitments for or in the name of the other party or use their intellectual property for any purpose whatsoever. Except as specifically provided for in this Agreement, neither party will:
(a)Any rights or obligations that the Client may have pursuant to this Agreement shall not be assigned, transferred, sold, or otherwise conveyed, except with the prior written consent of Company. Company may, however, transfer any rights or obligations it may have pursuant to this Agreement to another party without the consent of the Client including, without limitation, in connection with a sale or transfer of all or part of Company’s business to another person or entity.
This Agreement may be terminated immediately by the Client or Company by Notice to the other in writing. However, termination by either party shall not affect any Order or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this Agreement, nor shall it relieve the Client of any obligations arising out of any Order entered into prior to such termination.
In the event that Company is made aware of or has reason to believe any of the following:
Within two (2) days of termination of this Agreement, the Client will return or destroy all materials received from Company as per Company’s written instructions. Each party’s duties of payment, delivery, and destruction of materials shall survive termination of this Agreement.
10. SET-OFF AGAINST MONIES OWED
(a) In addition to other rights available to Company, the Client authorizes Company to:
(b) Payments by the Client to Company in accordance with this Agreement must be made without any set-off, counterclaim or condition and without any deduction or withholding for any tax or any other reason unless the deduction or withholding is required by applicable law.
(c) Should the Client be required to make any form of deduction in respect of tax from any payment to be made or if Company is required to pay any tax in respect of any payment made in relation to this Agreement at the Client’s request the Client agrees to keep Company indemnified against that tax and agrees to pay to Company any additional amounts required to ensure Company receives the full net amount that is equal to the amount Company would have received had a deduction, withholding or payment of tax not been made.
(d) Deposits or Margin Calls deposited by the Client will not fall due for repayment until the Client’s obligations under this Agreement and under or in respect of any other account between Company and the Client are satisfied in full. Until this time, Deposits or Margin Calls will not constitute a debt due from Company to the Client nor will the Client have any right to receive payment of these funds.
(e) If the Agreement is terminated, the Client and Company agree that the claims against each other are finally discharged by means of close-out netting. Company will determine the Close-Out Values for each affected Order in its sole discretion. The final amount to be paid by one of the parties will be the difference between the payment obligations of the parties.
11. NEGATIVE BALANCE PROTECTION
The trading systems of Company, are designed with safeguards to protect clients from encountering negative balances when trading under normal market conditions.
All clients are provided with margin monitoring functionality. This functionality monitors the level of collateral should it drop below 100% of the required margin. In the event that it drops below 100%, the margin call mode will be triggered and maintained until the level of 50%. Should the margin level equal to, or drop below 50%, Company will initiate the closing of current open positions, starting from the most unprofitable taking into account trading hours of particular instruments traded by the client. Positions will be closed automatically at the current market price. The clients can set personal limits for risk management purposes.
Should a client incur a negative balance due to a “market gap”, the client should inform the Company support team. Company will evaluate the inquiry and at its discretion, may credit the client’s account with the amount of the negative balance where the debit was during the course of normal trading activity.
This policy is available to Private Clients* only. (*Private Client as per Section 12 of the Securities Investment Business (Conduct of Business) Regulations, 2003.
Clients are expected to maintain the appropriate levels of margin in the trading account at all times as the recommended method of risk management.
NOTE: The provisions of this policy shall not apply to:
Negative balance accounts – Company is entitled to combine the balances of any other accounts you hold with us, including any Joint Accounts to effect any set-off of amounts owing between you and Company, pursuant to our terms and conditions or otherwise, in each case in order to reduce or remove the relevant negative balance before effecting the negative balance protection provisions set out in this clause.
12. LIABILITY AND INDEMNITY
The Client shall indemnify and hold Company harmless from any and all liabilities, claims, costs, expenses and damages of any nature, including, but not limited to, reasonable legal fees and any fees and expenses incurred in connection with litigation, arising out of or relating to the Client’s negligence or willful misconduct, the violation of any Law by the Client, or the breach by the Client of any provision of this Agreement or if a Default Event occurs.
The Client also agrees to promptly pay Company for all damages, costs and expenses, including reasonable legal fees and expenses, incurred by Company in the enforcement of any of the provisions of this Agreement.
Company is not responsible for any delays, charges or loss incurred due to errors in the payment or as a result of a delay in funds reaching the Client’s nominated account. The Client agrees to indemnify Company and be liable for any losses or charges incurred by Company arising from such error on the Client’s behalf.
Company will not be liable under any circumstances for any direct, indirect or consequential loss (including any loss of profits) incurred by the Client as a result of any acts or omissions by a Third-Party.
Nothing in this Agreement is intended to limit or exclude any liability Company may owe the Client under any statutory rights the Client may have.
In calculating or mitigating its loss due to a Default Event, Company is entitled to:
The Client’s obligations under this clause 13 shall survive the termination of this Agreement.
13. INFORMATION AND CONFIDENTIALITY
The Client acknowledges and agrees that Company is permitted to carry out an electronic database search and search credit reference agencies in order to verify the Client’s identity and credit standing. If such searches are carried out, Company may keep records of the contents and results of such searches in accordance with all applicable Laws.
Company reserves the right to collect such information as is necessary from the Client to meet its obligations under applicable Anti-Money Laundering and Counter-Terrorism Financing Laws. Company may pass on information collected from the Client and relating to transactions as required by applicable Anti-Money Laundering and Counter-Terrorism Financing Laws and is under no obligation to inform the Client it has done so. Company may undertake all such Anti-Money Laundering and Counter-Terrorism Financing checks in relation to the Client (including restricted lists, blocked persons and countries lists) as deemed necessary or appropriate by Company.
Personal information collected by Company is treated as confidential and is protected by the Data Protection Law. Company will only collect personal information which is necessary to perform the services contemplated by this Agreement.
Company will use reasonable precautions to maintain the confidentiality of information Company receives from the Client and material and/or data the Client provides, creates, inputs or develops in connection with the Client’s use of the Company services. Nonetheless, because such information, material and/or data may be provided through the internet, the Client hereby acknowledges and agrees that Company cannot assure that such information, material and/or data will continue to be confidential.
The Client accepts the risk of a Third-Party receiving confidential information concerning the Client and specifically releases and indemnifies Company from any claim arising out of a Third-Party intercepting, accessing, monitoring or receiving any communication from a Client intended to be provided to Company or from Company intended to be provided to the Client.
The Client acknowledges and agrees that Company may disclose the Client’s name and other personal and financial information about the Client, and any relevant details of an Authorised User, to its employees, representatives, officers, agents, introducing brokers and affiliates, as well as to a governmental entity or self-regulatory authority, an internet service provider or any other Third-Party agent or service provider for any purpose related to offering, providing, administering or maintaining the Company services, or to comply with applicable Laws.
Due to the inherent risks in transferring currency between parties located in different countries, Company takes measures to ensure that it is not participating or assisting in money laundering or terrorist financing. Law enforcement agencies and regulatory authorities may periodically inspect and require copies of Client information and business records held by Company, to ensure compliance with all applicable anti-money laundering and counter-terrorism financing laws.
The Client should be fully aware that in appropriate cases all communications and information concerning the Client held by Company, may be disclosed to and reviewed by law enforcement agencies and regulatory authorities. In addition, the Client agrees to comply with all applicable anti-money laundering and counter-terrorism financing laws, including, but not limited to, the requirement to obtain satisfactory evidence of the identity of any principal whom the Client may represent in any transaction entered into with Company.
14. ELECTRONIC VERIFICATION TERMS AND CONDITIONS
Company is required by the anti-money laundering and counter-terrorism financing laws to verify a Client’s identity before it can provide the Client with its services. Electronic verification allows Company to verify a Client’s identity by using electronic tools and external data sources.
In order to verify a Client’s identity electronically, Company will request a Client’s details (such as your name, address, date of birth) and details of their identification documents.
By agreeing to these terms and conditions a Client agrees that
15. DISPUTE RESOLUTION
Please refer to for further information on how we handle complaints under the Agreements. You acknowledge that our internal and external dispute resolution procedures don’t prevent us from commencing proceedings in any other relevant jurisdiction for the enforcement of any complaint determination.
16. NOTICES AND COMMUNICATIONS
Company may, to the extent of your authorization, send a communication under the Agreements to you or your Authorized Person.
Unless the Agreements expressly say otherwise, all notices, certificates, consents, approvals, waivers and other communications in connection with the Agreements:
Communications take effect from the time they’re received unless a later time is specified in them.
17. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the Law of Mauritius The parties agree to irrevocably submit to the non-exclusive jurisdiction of the Courts of Mauritius.
A provision of the Agreement that is void, illegal or unenforceable is ineffective only to the extent of the provision’s illegality or unenforceability, but the remaining provisions are not affected.
Any present or future legislation which operates to vary the Client’s obligations in connection with this Agreement with the result that Company’s rights, powers or remedies are adversely affected (including by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
19. FURTHER ACTS
This Agreement may consist of a number of copies each signed by one or more parties to this Agreement.
If so, the signed copies are treated as making up the one document.
The Client agrees to do anything Company reasonably requests (such as obtaining consents, signing and producing documents and arranging documents to be completed and signed):