Terms of Service

    1. This document, which is a Client Agreement (hereinafter referred to as the Agreement), uses the following definitions and terms:

      Client
      Means any natural person or any legal entity that has completed the Client Registration Form, except for those individuals who have not reached the age of eighteen and who do not have citizenship.
      The Company
      Exxma
      Services
      Means the Company's services that it provides to the Client and which are specified in Paragraph 4 of the Agreement.
      Website
      The Company's website, as well as any other website recognized by the Company as official and periodically maintained by it for the access of clients.
      Trading Platform
      All programs or technical means of the Company, consisting of a Server and a Client Terminal, which conduct Trading Operations, allow receiving Quotes in real-time, and allow placing/changing/deleting/executing Orders.
      Server
      A software product through which the Company processes client Requests and Orders, provides real-time trading information, and keeps records of mutual obligations in accordance with Regulatory Documents.
      Client Registration Form
      An application form that the Client must fill out to register as a Client in the "Personal Cabinet" service, available on the Company's Website.
      Access Data
      The Client's authorization and access codes, password, and Trading Account number, necessary for issuing Orders.
      Customer Data
      Any documents or information received by the Company from the Client in relation to the Client's Account or use of Services.
      Trading Account
      A unique personalized system where transactions, Open Positions, Orders, and funds operations are registered.
      Funds
      The current state of the Client's account, determined by the formula: Balance + Floating profit - Floating loss.
      Trading Account Currency
      The currency chosen by the Client when opening a Trading Account.
      Base Currency
      The first currency in the Currency Pair, at the exchange rate of which the Client buys or sells the quoted Currency.
      Quote Currency
      The second currency in the Currency Pair that the Client buys or sells in order to get the Base Currency.
      Currency pair
      An object of a Trading Operation based on a change in the value of one currency in relation to another.
      Balance
      The financial result of all Completed deals and money transfer operations that were carried out on the Trading Account.
      Long position
      The purchase of an Instrument with the expectation of a rate increase or in respect to currency pairs buying the Base Currency.
      Short position
      A profitable deal for the sale of a currency when market prices fall, or in relation to Currency pairs, the selling rate of the Base currency relative to the Quote Currency.
      Quote
      Information about the current price for a particular Instrument in the form of Ask or Bid Prices.
      Indicative Quote
      A Quote for which the Company has the right not to accept any instructions or not to execute any Orders.
      Quote Database
      Information about the Flow of quotes, which is stored on the Company's Server.
      Request or Request for quotation
      The Client's instruction to the Company to receive a quotation, which is not an obligation to make a deal.
      Erroneous quotes
      Quotes that were received in the Client Terminal due to a system technical error.
      Rate
      In the case of a Precious Metal, the price per troy ounce of the Precious Metal in the currency specified for the Instrument in the Contract Specification; for a Currency Pair, the unit value of the Base Currency in the Quote Currency.
      Instrument
      The Currency Pair, Contract for Difference, Spot Metals, and any other financial instruments the Company offers to the Client.
      Credit leverage
      The ratio between borrowed and own funds, like 1:25, 1:50, 1:100, etc.
      Margin
      The monetary security required by the Company to maintain Open Positions.
      Illegal income
      Income received as a result of a violation of Regulatory Documents or Erroneous Quotation.
      Required Margin
      The monetary security required by the Company to maintain open positions, specified for each Instrument.
      Order
      The Client's order to open or close a position when the price reaches the order level.
      Stop Loss
      A Trading order to close a previously opened position at a price less favorable to the Client than the current price.
      Take Profit
      A Trading order to close a previously opened position at a price more favorable to the Client.
      Margin level
      The percentage of Required margin and Funds, calculated by the formula: (Funds / Required margin) × 100%.
      Lot
      The standard Deal amount in the Trading Platform, expressed in the amount of Securities, Base Currency, or troy ounces of Precious Metal.
      Spread
      The difference between Ask and Bid prices.
      Price Gap
      A situation when the Current Ask Price is lower than the Bid Price at the previous Quote or when the Current Bid Price is higher than the Ask Price at the previous Quote.
      Floating profit
      current profits or losses on Open Positions, calculated at current Quotes
      Liquidity provider
      is a bank or ECN that provides streaming prices to a Company and can be used by it to hedge client deals
      Third-party service provider
      a legal entity agreed by the Parties, which will be obliged to perform operations on the corresponding position for both Parties
      Market conditions other than normal
      price gaps, low liquidity, rapid price changes in the market, and other conditions that differ from Normal market conditions
      Force majeure
      listed in Paragraph 16 of the Agreement
  1. General regulations

    1. The Agreement is concluded between the Client and the Company

    2. The Company should be understood Exxma

    3. The Terms and Definitions used in the Agreement are specified in Paragraph 1 (hereinafter referred to as "Terms and Definitions").

    4. The Agreement, together with the Regulatory Documents, represents the full volume of the agreements between the Client and the Company. The Regulatory documents include: Regulations for maintaining the Operations, the Regulations of Trading Operations, the Regulations for the provision of the PAMM Account Service, the Risk Disclosure Statement, as well as any other documents from the section "Treaties and Regulations" on the Company's Website, which may be amended or changed from time to time (hereinafter collectively referred to as "Regulatory Documents").

    5. Regulatory documents are intended to regulate the procedure for performing all the Client's operations in the Company, both trading and non-trading, and should be carefully studied by the Client, since they contain important information that the Company is obliged to provide to the Client in accordance with the applicable provisions of the law.

    6. The Regulatory Documents, taking into account periodically made changes and additions, set out the conditions under which the Company is entitled to carry out deals with the Client regarding the Instruments.

    7. In relation to each Trading Operation of the Client, the Company acts not as its agent, but as a direct participant in the contract. Therefore, unless otherwise agreed, the Company will consider the Client as a Client in all respects, and the Client will be fully responsible for the fulfillment of obligations for any Trading Operation carried out by him.

    8. If the Client acts on behalf of or in relation to another person, regardless of whether the Client discloses his identity to the Company or not, the Company will not consider the above person an indirect client and will not bear any obligations to him (unless otherwise agreed).

  2. Entry into force

    1. This Agreement relates to individual Trading Operations or a series of consecutive Trading Operations, including operations with the Instruments, and is considered to be the original service agreement.

    2. The terms of the Agreement and Regulatory Documents are recognized as unconditionally accepted by the Client on the calendar day when the Client receives notification in accordance with Paragraph 4.1 and are valid until they are terminated at the initiative of either party.

    3. The Agreement enters into force remotely, being concluded in electronic form. The Client confirms that he does not have the right to cancel the Agreement only by reason that it is concluded remotely in electronic form

  3. Services

    1. On condition of the fulfillment by the Client of all obligations arising in accordance with the Regulatory Documents and taking into account any other rights of the Company provided for in the provisions of the Regulatory Documents, the Company provides the Client with the following Services.

      1. Investment services, including receipt and transfer of applications, execution of Client's Orders for financial instruments at Client's own expense

      2. Services with foreign currency that are related to the provision of Investment Services in accordance with Paragraph 4.1.1 of the Agreement.

      3. Responsible storage and control of financial instruments at the Client's expense (if applicable), including related services, for example cash management services described in Paragraph 8 of the Agreement

      4. Providing the Client with access to any information about the analysis of its investments

      5. Deposit insurance services. The Client's account can be insured against full or partial loss of funds at his request.

      6. Services for converting funds when they are withdrawn (provided at the Client's expense).

      7. Services for the legalization of profit received by the Client in the form of assistance in opening an account with a foreign bank and registering an offshore company for the legalization of income.

    2. If the Client fulfills all the obligations listed in the Agreement and Regulatory Documents, the Company will provide the Client with the opportunity to perform the operations provided for in these documents using the Tools of the Website and the capabilities of the Personal cabinet

    3. The Company carries out all Trading Operations with the Client on the principle of "execution only". The Company has the right to perform the above-mentioned Trading Operations, despite the fact that any Trading Operation may be unprofitable for the Client.

    4. The Company has the right to provide the Client, and the Client has the right to ask the Company for personal recommendations and investment advice in relation to any Trading Operations or opinions that could motivate the Client to carry out any Trading Operation.

    5. The Company may periodically, at its sole discretion, provide recommendations and other information in the news that it may publish on its Website, as well as in the form of newsletters to subscribers through its Website or otherwise. Any recommendations, analytical reports and other information can be published by the Company on one or more interfaces of information services. In this case, the following rules apply.

      1. The above information does not an investment recommendation or promotion of a financial product not requested by the Client and is provided solely to enable the Client to make its own investment decisions.

      2. The Company does not provide the Client with any assurances or guarantees regarding the tax consequences of any Trading Operation, as well as the completeness and accuracy of the above information

      3. The Company does not make any statements regarding the period of receipt of information by the Client. In this regard, the Company does not guarantee that the Client will receive the above information at the same time as its other clients

      4. Any information provided by the Company on the website may be changed or deleted at any time without notice, including market comments, news

      5. If any document of the Company contains any restriction regarding the person or category of persons for whom this document is not intended, the Client is obliged not to transfer this document to any of the above-mentioned person or category of persons

      6. The information does not necessarily take into account the relevant legal or regulatory provisions of the country of residence of the Client. It follows that the Client is obliged to comply with the above provisions independently

    6. The Company is not obliged (unless otherwise specified in the Regulatory Documents) to monitor or notify the Client about the status of any Trading Operation of the Client, about the closing of any Open Positions, about the presentation of margin requirements

    7. The Company is not obliged to provide physical delivery of the Underlying Asset of any Instrument in relation to any Trading Operation. Profits or losses from foreign exchange differences will be reflected immediately after the closing of the Trading Operation on the Trading Account

    8. The Client agrees that the Company has the right to request, and the Client is obliged to provide information about the knowledge and experience in the field of investment. The Client also confirms that this information will be provided in such a way that the Company can evaluate whether the service or product in question is suitable for the Client. If the Client does not provide the Company with the above information in sufficient volume, the Company will not be able to determine whether the service or product in question is suitable for the Client. The Company will consider that the above information provided by the Client is accurate and will not be responsible to the Client in case of incompleteness, unreliability, changes in the information (except in cases when the Client notifies the Company of these changes) or if it is misleading

    9. The Company has the right, at its sole discretion, to refuse to provide Services to the Client at any time and without informing about the reasons. In case of occurrence of Market conditions other than normal, the Company has the right to suspend, delay, change the terms of providing of its services

    10. The Company has the right to close, suspend or cancel any Trading Operation that has arisen as a result of any incorrect configuration or technical error of the Server, as well as if it suspects any fraudulent activity on the Client's account (s). Such activities may include (but are not limited to): arbitrage deals of purchase and sale, manipulative actions or other forms of misleading activity, fraudulent activity, otherwise associated to or related to any or all of the Client's Trading Operations. In this case, the Company will have the right to deduct any income that it considers to be improperly received and charge related costs. Also in this case, the Company will not be responsible for the cancellation of any Trading Operation or the Client's income, will not be responsible in the event of any damage or loss that may arise as a result of the closure, suspension or cancellation of the Trading Operation

    11. All Requests from the Client are considered in terms of their size. The Order may be executed partially or may be rejected entirely at the sole discretion of the Company, if the size of the Request from the Client is greater than the Company can execute at a certain time in accordance with current market conditions

    12. The Client is obliged to provide at the request of the Company personal data and documents about himself as a Client: full name, date and place of birth, address, jurisdiction of residence / registration, bank account number. The Client agrees to transfer the above information to the Company registered as a data controller in accordance with the Law, necessary for identification, administrative and business purposes in order to fulfill its legal and contractual obligations in accordance with this and other agreements of the parties. The above information is provided to the Company with the right to transfer it to lawyers, auditors, financial consultants and other service providers and contractors with whom the Company enters into contracts

    13. The Client confirms that the trading and non-trading history stored in his Personal Cabinet will be available for viewing and downloading at any time

  4. Activation of Personal Cabinet and Trading Account

    1. The Company will activate the Client's Personal Cabinet and notify the Client about it after receiving the completed Client Registration Form from the Client, conducting appropriate checks of identification documents in accordance with the Company's requirements, approving the methods of depositing and withdrawing funds by the Client, as well as after the Client accepts the terms of Regulatory Documents

    2. The Company has the right, at its sole discretion, to refuse to register the Client's Personal Account on the basis of the documentation received from the Client, even if the Client has completed it properly and in full

    3. The Company has the right to demand the Client to make a minimum down payment to their Trading Account in order for the Client to start using it

    4. After activation of the Personal Cabinet and Trading Account, the Client will be able to see the amount due to him in the form of the account balance in the Personal Cabinet at any time and will be entitled to withdraw it upon request

  5. Exchange of information

    1. The rules for the exchange of information between the Company and the Client are set out in the Regulations of Trading Operations, which are posted on the Company's Website in the section “Treaties and Regulations”

    2. The Client is obliged to provide Orders and Requests exclusively through the Client Terminal in accordance with the above-mentioned Regulations of Trading Operations

  6. Limitation of Responsibility and compensation of losses

    1. The Company is not responsible to the Client for the use of any information, advice or recommendations provided. The Client acknowledges that the Company will not be responsible for any losses, expenses, charges or damages suffered by the Client as a result of any inaccuracy or mistake in any information provided to the Client, that related to any Trading Operations, except in the case of malicious acts, fraud or gross negligence on the part of the Company. Subject to the Company's right to close or cancel any Trading Operation in certain circumstances specified in the Regulatory Documents, after the above mistake or inaccuracy, this Trading Operation, however, remains valid and imposes obligations in all respects on both the Client and the Company

    2. The Company will not be responsible for any losses or expenses suffered by the Client and directly or indirectly arising in connection with: actions, omissions or carelessness of any third party; any violation of the Company's obligations specified in the Regulatory Documents that occurred for reasons beyond the Company's control; trading Operations conducted through the Client Terminal; any failure in the Trading Platform, or any error in the Trading Platform, or any delay caused by the Client Terminal

    3. At the request of the Company, the Client is obliged to compensate the Company's expenses of any kind (including costs, obligations, claim requirements) that the Company assumes or bears as a direct or indirect result of any failure by the Client to fulfill any obligations assumed by him in accordance with Regulatory Documents

    4. Unless otherwise specified in Regulations of Trading Operations, the Company will not under any circumstances be responsible to the Client for any direct or indirect losses, lost profits or benefits (including in relation to consecutive market movements), for costs, expenses or damages that the Client may incur in accordance with Regulatory Documents

  7. Commissions and other costs

    1. The Client is obliged to pay the Company commissions and bear other costs, which are specified in the Contract Specification, located on the Company's Website in the “Trading Conditions” section

    2. The Company is obliged to publish all applicable commissions and other costs on its Website and has the right to make changes to this information without providing the Client with prior Written Notice. The fact that the above-mentioned changes in commissions and other costs are published on the Company's Website will be considered a proper notification of these changes

    3. The Company has the right to notify the Client, and the Client agrees to receive the above notifications when paying any commissions / fees to any third party who has represented the Client to the Company or who acts on his behalf

    4. The Client is obliged to pay all stamp duties necessary for the implementation of Trading Operations related to the Agreement and Regulatory Documents

    5. The Client is personally responsible for all submitted reports and tax declarations on any Trading Operations that must be submitted to any relevant state or other authority and for the payment of all taxes that are imposed on any Trading Operation, including, without limitation, the transfer of securities or property tax or value added tax

    6. All Client's funds are stored in the Company's accounts, including segregated accounts opened in the Company's name for storing Client funds separately from Company's funds

    7. The Company does not charge a commission for opening an account and maintaining the account when opening it. In this regard, the Client has the right to withdraw the deposited funds only after 20 (twenty) banking days

  8. Use of the Trading Platform and security

    1. The Client may not commit any actions or omissions during the use of the Trading Platform, which may result in a violation of the security of the Platform or its improper work. The Client does not have the right to allow any actions or omissions that could potentially lead to inappropriate use of the Trading Platform or unauthorized access to it. The Client acknowledges that the Company has the right, at its sole discretion, to terminate or restrict the right of access to the Trading Platform if suspects the Client in inappropriate use of it or has begun to carry out the above actions

    2. The Client has the right to store, analyze, modify, display, format and print information provided on the Company's Trading Platform. However, the Client may not publish, reproduce or otherwise transfer in whole or in part the information provided on the Company's Trading Platform to any third party in any format without the consent of the Company. The Client does not have the right to change, delete or hide any references to trademarks, as well as copyright or any other rights presented on the Company's Trading Platform

    3. The Client is obliged to keep in secret and not disclose any Data of access to the Company's Trading Platform to any person. If the Client suspects or becomes aware that his Access Data has been or may have been disclosed to any unauthorized person, the Client is obliged to immediately notify the Company

    4. The Client acknowledges that the Company will not be responsible if any unauthorized persons gain access to information (including personal data, email addresses, electronic correspondence) when this information is transferred via the Internet or other network communication means, as well as by mail, telephone or other electronic means

    5. The Client is responsible for all orders or instructions transferred and provided on the basis of his Access Data. Any of the above orders or instructions received by the Company will be deemed to have been received by it from the Client

    6. The Client is obliged to assist the Company in any investigative activities that the Company may carry out in connection with an attempt to unauthorized access and improper use of its Access Data

    7. If the Company suspects the commission of fraud, manipulation, swap arbitration or other form of misleading activity on the Client's account (s) with the Company or unauthorized activities otherwise related to any Trading Operations, it has the right to:

      1. close all opened positions on the Client's Trading Account;

      2. add or subtract a penalty fee in the amount equivalent to the proceeds from the exchange and (or) income for all Trading Operations currently carried out and (or) previously carried out on the account;

      3. cancel all income received as a result of the above actions;

      4. refuse to accept future requests from the Client for exemption from any swaps;

      5. terminate all existing Agreements with the Client.

  9. Modification and termination of the Agreement

    1. The Company has the right, at its sole discretion, unilaterally and at any time to make changes to Regulatory Documents. In this case, the Company is obliged to notify the Client of the above changes by publishing information about them on its Website or by providing the Client with a notification by e-mail.

    2. Both parties have the right to terminate the Agreement by providing each other with Written Notices to this effect.

    3. Upon termination of the Agreement, the Company has the right to stop providing the Client with access to the Trading Platform without prior notice.

    4. Upon termination of the Agreement, all amounts that the Client is obliged to pay to the Company will be subject to immediate payment, including (but not limited to):

      1. all commission fees and charges payable;

      2. any operating expenses incurred by the Company in connection with the termination of the Agreement, as well as expenses incurred by it when transferring the Client's investment to another investment company;

      3. any losses and expenses incurred by the Company in closing any Trading Operations of the Client and in settling or fulfilling any overdue obligations assumed by the Company on behalf of the Client.

    5. The Company may, at its sole discretion, deactivate the Client's account without prior notice if the Client places such a number of erroneous requests that deviate from the standard and which create an excessive load on the Company's Servers, as a result of which they may lead to a negative trading experience of other clients using these Servers.

      Erroneous requests may include, but are not limited to, a large number of requests or orders with insufficient funds in the Client's account, incorrect processing of Trading Operations or the system log, as well as any not valid steps or changes.

  10. Conflict of interests and material interest

    1. In cases where the Company carries out deals with or on behalf of the Client, the Company, a related person or any other person affiliated with the Company may have an interest or arrangements that may be material in relation to the Trading Operation in question or that may be contrary to the interests of the Client. Below are examples of the Company's actions in cases where it carries out any deals with or on behalf of the Client.

      1. The Company may carry out deals with the relevant Instrument as a principal at its own expense by purchasing the Instrument from the Client or selling the Instrument to the Client.

      2. The Company may carry out deals with the Instrument that it offers to the Client, including holding a Short or Long Position.

      3. The Company may coordinate Trading Operations with the Client or with another client, acting on behalf of the Client or on behalf of the above-mentioned other client.

      4. The Company may provide advice and other services to any related parties or other clients of the Company who may have an interest in the Underlying Assets or Investments, provided that this interest may conflict with the interests of the Client.

    2. The Client authorizes the Company to carry out deals with the Client or on its own behalf in any manner that the Company will consider appropriate, despite any conflict of interests or the existence of any material interest of the parties in the Trading Operation. The Client agrees that the Company is not obliged to notify him in advance of the above deals.

    3. The Company's employees are obliged to comply with the independence policy and not to take into account any conflict of interests or material interest of the parties when providing advice to the Client.

  11. Personal data and phone call recording

    1. The Company has the right to use, store and process the Client's personal data that he provided to the Company in connection with the providing of Services.

    2. If the Client is a physical entity, the Company is obliged to provide a copy of the document with the Client's personal data at the request of the Client, provided that the Client has made a payment for this service and provided the availability of a copy at the Company's disposal.

    3. The Client agrees that the Company has the right to transfer his data to any third parties for the effective provision of Services or for the effective execution of any operational function carried out in favor of the Client (for example, compensation of the Client's funds).

    4. The Client agrees that any Telephone conversations between him and the Company may be recorded and that these recordings will remain the exclusive property of the Company and will be accepted by the Client as final proof of Orders / Requests or telephone conversations. The Client agrees that the Company has the right to provide copies of the transcripts of the above records to any regulatory or state authority, any court.

  12. Consent to direct contact

    1. The Client agrees that the Company has the right to periodically contact the Client directly by phone or using other means of communication for the purpose of marketing its financial services and products.

  13. Confidentiality and Refusal

    1. Any information about the Client which the Company possesses is confidential and cannot be used for any purpose other than the provision of Services by the Company to the Client. Information of a confidential nature should be treated in accordance with the Law, provided that it is not owned by the Company and was not subject to a confidentiality or non-disclosure obligation at the time it was received by the Company, and also provided that it is not publicly available.

      Confidential Information may be disclosed by the Company to any person only in the following cases:

      1. In accordance with the requirements of the Law.

      2. In order to prevent or investigate any illegal activity, including fraud.

      3. When confidential information is required: for purposes related to the provision of Services, for the administration of the Client's Trading Account, for the purpose of requesting, for the purpose of evaluating the loan amount, for identification purposes.

      4. When necessary confidential information to any third party in connection with the providing Services to Client and (or) employees of the Company in order to perform their duties in accordance with Regulatory documents and (or) lawyers, consultants, auditors of the Company, provided that in each case the appropriate specialist will be notified of the confidential nature of the above information about the Client and took the above secrecy obligation transferred him confidential information about the Client.

      5. When confidential information is requested by the Client or other persons with the written consent of the Client.

      6. When confidential information is required in any court proceedings or in any public dispute between the Client and the Company.

      7. When confidential information is required at the request of the courts, law enforcements, regulatory and similar bodies in the jurisdiction of which the Company is located.

  14. Refusal to satisfy the claim

    1. The Company has the right to refuse to satisfy the Client's claim.

    2. Claims made by the Client in respect of any Orders not fulfilled by the Company, given during the scheduled maintenance work on the Server, will not be accepted if the Company has notified the Client in advance of the above work in any way. If the Client has not received the above notification, this fact does not serve as a basis for making a claim against the Company.

    3. Also, claims based on the difference between the price of the underlying asset of the Contract for Difference and the price of execution of the Order under the Contract for Difference will not be accepted for consideration.

    4. No claims are accepted for the time of Order execution, regardless of the time interval that the Company took to execute the Order, and regardless of the time when the Order execution record appeared in the Server Log File. Claims are accepted only in cases where the execution of the Order placed in the queue was not carried out in accordance with the Rules of Trading Operations.

    5. Claims for cancellation of financial results of Trading Operations performed by the Client for additional margin that was formed on the Trading Account as a result of a profitable deal at a non-market quote or at a quote received by the Client as a result of an obvious mistake of the Company and subsequently canceled are not accepted.

    6. The Client acknowledges that he will not be able to control all Open Positions or give Orders to open new positions during the period of time when the Disputed Situation in relation to the contested position is under consideration by the Company, and that no claims on this issue will be accepted.

    7. The Company has the right to cancel any Trading Operation if the relevant Hedging Trade has been canceled by the Liquidity Provider. The Company has the right not to accept any claims under this circumstance.

  15. Force majeure

    1. The Company has the right to determine, at its reasonable discretion, whether any Force Majeure Event has occurred and, if such a circumstance exists, is obliged to take reasonable measures to properly notify the Client of this. Force majeure circumstances include, but are not limited to, the following cases.

      1. Any actions and events that, at the Company's reasonable discretion, do not allow it to properly maintain market conditions for any Instruments, including (but not limited to): terrorist acts, wars, mass and civil unrest, strikes, refusal of the employer to provide work for its subordinates, actions of state bodies; force majeure, natural disasters, fires, floods, storms, accidents; supplier failures, power failures, electronic or communication equipment failures.

      2. Non-occurrence or cancellation of any event on which the Company's Quotes depend; closure, suspension or liquidation of any market; imposition of restrictions or establishment of special, non-standard trading conditions for any of the above events, in any of the above markets.

    2. If the Company reasonably believes that there is a Force Majeure event, it may at any time, without prior Written Notice to the Client, but also without prejudice to any other rights arising in accordance with the Regulatory Documents, take any or all of the following measures:

      1. increase margin requirements;

      2. close Open Positions at prices that the Company reasonably considers appropriate;

      3. change, suspend or freeze the application of any (or all) terms of Regulatory Documents to the extent that Force Majeure circumstances prevent their compliance, make it impossible or impractical for the Company to comply with them;

      4. take any other measures (refrain from taking measures) that the Company reasonably considers appropriate in force majeure circumstances in relation to the situation of the Company, the Client and other clients.

  16. Nonfulfillment of obligations

    1. “Cases of default” include the events listed below.

      1. Failure of the Client to fulfill any or more obligations to the Company specified in the Regulatory Documents.

      2. Failure of the Client to submit any amount payable in accordance with Regulatory Documents.

      3. If the Client is a physical entity, the initiation of court proceedings by any third party concerning its bankruptcy; if the Customer is a legal entity, the initiation of court proceedings by any third party concerning its liquidation or for the appointment of the administrator or the bankruptcy Trustee in relation to the Client and (or) any Client's assets; if the Client, being a physical or legal entity, agrees with its creditors or enters into a settlement agreement with them, as well as if any procedural actions are initiated against the Client that are similar to any of the above actions and processes.

      4. If, in accordance with Paragraph 15 of the Agreement, any statement made by the Client or any guarantee provided is or becomes false.

      5. If the Client is unable to repay his / her debts to the Company at the maturity date.

      6. If the Client, being a physical entity, becomes incapacitated due to a mental disorder or dies.

      7. In the event of any circumstances where the Company reasonably believes that the preferred solution will be to take any measures specified in Paragraph 18.5 of this Agreement.

      8. If the Client makes any attempts to engage in actions defined by the Company as manipulative, fraud, swap arbitration or other forms of activity that mislead the Client's account(s) opened with the Company.

      9. If the Client conducted a trade that can be described as excessive in order to benefit from price changes in the market without legitimate intentions and (or) which can be classified as market fraud and (or) which was conducted through arbitration and (or) based on price lag.

    2. The Company, in the event of any of the above-mentioned Cases of Nonfulfillment of Obligations, has the right to take one or more of the following measures at any time and without prior Written notice to the Client.

      1. Close any part (or all) Open positions of the Client at current Quotes and (or) Trading accounts of the Client in the Company.

      2. Take off from the Client's Trading Account the amounts due to the Company in accordance with the Agreement and Regulatory Documents.

      3. Refuse to open a new Trading Account for the Client.

      4. Reduce the Balance of the Client's Trading Account by the amount of illegally received income.

  17. Dispute settlement procedure

    1. In considering Disputed situations, any references of the Client to quotes of other companies or information systems will be considered wrongful and will not be taken into account.

    2. The Company has the right not to additionally notify the Client that the Dispute has been settled and the contested position has been restored. The Client acknowledges this and takes all risks associated with it.

    3. Following the settlement of the Dispute, the Company has the right to execute Take Profit or Stop Loss orders for the contested position, depending on which of these orders would have been chronologically crossed by the price of the other, if the position had not been closed as a result of the disputed situation.

    4. In the event of any conflict situation when the Client reasonably believes that the Company as a result of his actions (inaction) violated any of the provisions of Regulatory documents, the Client has the right to submit a claim to the Company within 5 (five) working days from the date of occurrence of such conflicted or a Disputed situation.

    5. If the parties fail to resolve Disputes through negotiations, the parties refer them for consideration to the Court of the Republic of Vanuatu. The transfer of Disputes to the court should only take place after the application of pre-trial proceedings to resolve Disputes in accordance with the legislation of the Republic of Vanuatu.

  18. Risk recognition and notification of risks

    1. The Company notifies the Client of the materiality of the risk of losses and damages resulting from the purchase or sale of any financial instrument, and the Client is aware of this and acknowledges that takes the above risk.

  19. Applicable law and jurisdiction

    1. The provisions of this Agreement are regulated and interpreted in accordance with the laws of the Republic of Vanuatu.