Client Agreement

CLIENT AGREEMENT

 

  1. Payment Procedures

1.1. Client shall fund his trading account within 2-3 working days from the date of its opening of an amount not less definite terms for the type of account (minimum initial deposit).

1.2. The Company has the right to archive the Client’s trading account with a balance less than 1 (one) USD $10,000 (ten thousand dollars) if the Client did not have activity on this account for the past three months. The Client has the right to recover the trading account by contacting customer support.

1.3. Client may withdraw funds from his trading account the amount not used to cover the margin, but not more than current balance.

1.4. Client places a cash withdrawal order using the Company website’s interface. All the orders have to be confirmed by a unique confirmation code sent to the Client’s registered email address. Company is not responsible for any third party access to the Client personal information and withdrawal orders. Once an order has been received, the withdrawal amount is deducted from the Client’s trading account or safe box. All payments are final and are not to be returned.

1.5. The money will be transferred within five banking days after receiving a Client’s order. The security service of the company has the right to hold the order up to 10 business days, previously having notified the client.

1.6. The Client will be given the Company’s banking details to transfer funds to replenish his trading account via the Company’s website, or may place an account replenishment order in electronic (placed using the Company website’s interface) or written form.

1.7. When replenishing his account, the Client shall use the Company’s current banking details received at the Company’s website only and effective on the payment date. Current banking details mean details received within 24 (twenty four) hours prior to payment. The Company cannot be held responsible for the funds which the Client transferred to accounts and using banking details different from current, and does not offer search and refund of Client’s payment and cannot credit these funds to Client’s trading balance. Trading deposit replenishment orders may be issued, and current banking details may be received in the appropriate section of trader’s office on the payment day.

1.8. Deposit/withdrawal fees are payable by the Client.

1.9. The company has the right to reject an application for withdrawal of funds in case of discrepancy between the payment systems of depositing and withdrawing, and process only the request to withdraw funds to that payment system, from which deposit was done. Herewith profit from the trading operations can be withdrawn to the payment systems (on client’s request) that were not initially used to top up the account, but only after the total amount of funds will be withdrawn from the account. The payment system may be changed by prior agreement between the Company and the Client.

1.10. When the trading account balance is replenished using direct bank transfer, credit of funds will be made upon their arrival in the Company’s account. The Client who replenishes the account using direct bank transfer has the right to order the funds withdrawal only to the account from which the payment was made. When transferring funds, commission is charged (for international bank transfer).

1.11. If the withdrawal of funds from the trading account deposited before using payment card, is made earlier than 30 days after the account was funded, the company’s security department is entitled to request a color scan of both sides of the payment card with the owner signature (only the first 6 and the last 4 digits of its number must be visible, client’s passport for verification. The withdrawal of funds to the same payment card or payment system is possible by prior agreement between the Company and the Client.

1.12. Company reserves the right to reject a request for withdrawal in case of an explicit intention to exchange customer funds from one payment system to another.

1.13. Replenishing account balance using credit cards of third parties is prohibited.

1.14. The company has the right to accept for processing withdrawal order only by international bank wire transfer to the personal bank account of the Client if total summary profit equivalent more than 10000 USD in all trading accounts.

1.15. The client confirms that he has read the terms and conditions of the Yandex.Money Fast Payment service.

 

  1. Customer and Company Responsibilities

2.1. Client is notified and agrees that the company cannot be held liable for client’s actions or inactions during conversion operations. Responsibility for trade account standing is borne by the client.

2.2. Company reserves the right to amend this Agreement by notifying the client about it at least 2 business days prior to the effective date of these amendments. Posting the relevant information on the main page of the www.fort-trades.com website for the period of at least 3 days is also considered a notification.

2.3. All powers and obligations of the company and the client represent a long-term commitment, which remains in force up until the company receives a client’s notice of termination of this agreement or closing his trading account.

2.4. Company cannot be held responsible for non-fulfillment of any obligations involving quality of online communication of information to the client terminal or use of information, software, and interfaces of websites which do not belong to the company.

2.5. Client realizes that any market recommendations and information communicated to the client by the company, its representatives, or third parties do not constitute an offer to make operation/transaction.

2.6. Client realizes that any payments which client makes using the banking details received earlier than 24 hours prior to the payment time or not at the appropriate sections of the company website, which differ from the company’s current banking details do not entail the company’s liability or obligations concerning the search, refund or credit of this payment to the client’s trading balance.

2.7. Client realizes that any actions committed by the client or third parties (through client’s fault or with client’s participation), which destabilize the company’s business or performance of the company’s services, equipment, or software may result in the company’s denial (on the basis of private law) of servicing the client’s current trading account and cancellation of all orders, with full refund of the current account equity. Company must notify the client about the reasons for the above decision. Company also may deny this client a registration and servicing of a new trading account in the future.

2.8. The Client declares and guarantees that:

– Client is of sound mind and memory, of full age, and financially solvent

– Client is able to trade on Forex and CFD markets

– information which client provided to the company is true and correct

– Client shall notify company about any and all changes in this information within one day after the change took place

– the e-mail address stated by the client is not an e-mail address of general, group, or common use with third parties. Any and all notices, requests, complaints, and information received from this address are considered coming from the client and to be accurate.

2.9. Company may request from client a confirmation of accuracy of the personal account data due diligence and in the event of cash withdrawals. Company may require a notarized copy of the client’s ID and the document proving his place of residence.

2.10. Client agrees to provide all documents and notices, procure registration of documents, and take all other actions which the company may deem necessary or desirable at own discretion in accordance with the Anti-Money Laundering Policy.

2.11. In case double registrations of the same client with different email addresses are revealed, the company has the right to cancel such additional registrations.

 

 

 

  1. Customer risk notice

3.1. Client understands that the risk of suffering trading losses may be quite significant. Client should analyze his financial capabilities before engaging in trading operations.

3.2. Client realizes that he may completely lose his all initial funds and any additional funds used when trading on the market.

3.3. Client agrees that the company cannot be held responsible for client’s losses caused, directly or indirectly, by the government restrictions, restrictions of foreign exchange or market rules, suspension of trading, military operations, or other conditions usually called the ‘force majeure circumstances’ which lie beyond the company’s control.

3.4. Client was informed about additional risks associated with the specifics of functioning of e-trade systems and the problems of Internet communication nodes.

3.5. Client bears full responsibility for the risks associated with the storage of trading account access data, and must ensure that third parties cannot access the trade terminals. Client’s losses and risks associated with the restoration of access to the trading account place no obligations on the company, other than to provide new access data to the client upon sufficient and unambiguous identification of the client as the holder of this account.

 

 

  1. Disputes, complaints and inquiries

4.1. The parties will try to settle all disputes by negotiation and correspondence. The company may accept client’s complaints for review, if these complaints were stated in writing and received within three calendar days after the dispute occurrence date.

4.2. Client’s all inquiries will be considered official and regarded as written inquiries, if these inquiries were placed via the Company’s website interface, by e-mail sent to the addresses of the company’s services concerned, or by regular mail. Inquiries placed using online communication programs, such as ICQ or similar, cannot be considered written inquiries.

4.3. The company will review client’s complaints within ten business days after receiving from the client all necessary and sufficient information which concerns this complaint and is indispensable to settle it.

4.4. In the event of disagreements concerning client’s operations or the state of his trading account, the parties will review the protocols of client’s operations using company’s data.

4.5. If the client will breach any of the above paragraphs, the company reserves the right to deny the client its services and make a refund of the client’s deposit. Termination of service and refund of the deposit will come into effect upon expiration of 5 banking days after the client was sent a notice via internal mail of the trade terminal or by e-mail provided at the time of registration of trading account.

4.6. In case of failure to reach an agreement through negotiations and correspondence within 3 (three) months from the date of the emergence of a dispute its further consideration will be directed towards the justiciability in accordance with the laws of the China.

 

  1. Know your customer

5.1. The company has the right to request the customer to confirm his identity and information provided upon registration. At any time client can be asked to provide an electronic copy, certified copy or notarized copy of a passport (at the discretion of the Company).

5.2. If the client has not received a request to provide the documents, the procedure of verification is not mandatory, but the client can voluntarily send a copy of the passport or other proof of identity.

5.3. In the case customer registration data (name, address or telephone number) have changed, the customer shall immediately notify the Company’s customer service asking to change the data.

5.4. Customer acknowledges that the registration data, referred to them for opening an account can be used by the company in the fight against money laundering.

5.5. Customer is responsible for the authenticity of submitted documents (copies) and recognizes the right of the company, in case of doubt about their authenticity, contact the law enforcement agencies of the issuer of the document to verify its authenticity and if it detects a falsification of the document, company has the right to place a hold on the account and conduct an investigation.

 

  1. Communicating with clients

6.1. The company can use to communicate with the client:

– Internal mail of the MetaTrader trading platform;

– E-mail client provided upon registration;

– Phone number client provided upon registration;

– Postal address client provided upon registration;

– Viber;

– Through company News page at www.fort-trades.com/company/news

The company will use the details specified by the customer provided upon registration. Client must notify the company of any changes in contact information within 3 business days.

6.2. Any correspondence (documents, announcements, notifications, confirmations, reports, etc.) will be considered as received by the client:

– One hour after sending to client’s e-mail address;

– Immediately after sending the internal mail in the trading platform;

– Immediately after the telephone conversation with the client;

– 7 calendar days from the date of posting on the website;

– Immediately after placing ads in the Company News page on its Web site.

 

  1. Termination of the agreement

7.1. Following agreement becomes effective as of its acceptance by the client.

7.2. This agreement will be terminated if following occurs:

– In the case of expression of one of the parties wishes to terminate this Agreement;

– In the case of a complete withdrawal of funds from client’s trading account, which entails the termination of relations governed by the agreement;

– In case of breach by the client the terms specified in the agreement, the company may terminate this agreement unilaterally by notifying the customer of such termination and returning in full the Customer’s funds from his/her trading account at the time of termination.

7.3. If the Company terminates the activities regulated by the Agreement:

– Company warns the customer for the month prior to such closing;

– The Company shall pay the Customer the Customer’s funds, which are on the account at the time of closing account.

7.4. In case of death of the Client:

– The right to demand withdrawal of funds from the client’s trading account becomes appropriate queue or the heirs of the heirs under a will;

– The right to use trading account and the right to conduct operations in the financial markets by inheritance is not transmitted.

7.5. Customer agrees that the Company reserves the right at its sole discretion, suspend or discontinue all or part of the client’s access the services of a subsequent notice by means of communication. In this case, this Agreement shall be terminated and company released from providing services to the Client.

 

 

 

 

 

Terminology

Order – Client’s request to the Company to open or close a position when the price reached the desired level.

Currency contract – currency pairs available for trade.

CFD contract – stocks available for trade.

Currency pair – Forex instrument based on the exchange rate of one currency vs. another.

Financial instruments – currency pairs and CFD contracts available for trading.

Transaction – set of trading operations when funds are transferred from base currency into quote currency and back.

Hedged positions – equal long and short positions of the same instrument on the same trading account.

Open position – buy (sell) order not covered by the opposite sell (buy) order.

Marginal trade – arbitrage operations with currency and (or) CFD contracts that result in the volume of opened positions several times exceeding the amount of variable margin.

Lot – volume of an order.

Equity – current state of an account, calculated as balance + floating profit – floating loss.

Floating Profit/Loss – unfixed profit/loss on open positions with floating exchange rates.

Free Margin – funds in trading account used to open new positions, calculated as equity – margin.

Margin – necessary deposit amount to open orders, calculated as lot size * lot volume*current price/leverage and is equal to 0.5% (with 1:200 leverage) of the total amount of opened positions.

Margin Level – indicator of the state of an account, calculated as Equity / Margin*100%

Stop Out – automatic closing of open positions if your equity (balance + floating profit – floating loss) reaches 5% of your Margin. Stop Out is calculated according to the following formula: Equity/Margin*100%

Base currency – currency unit in which subaccount, all balances, fees, and payments are nominated and calculated.

Non-market quote – quotation (price level) inside a price gap, several price ticks close to each other in amount which form a price gap, appearance of quotation as a result of price noise, and a price level formed without any macroeconomic indicators which have substantial effect on the instrument’s exchange rate.

Balance – amount in Client’s or broker’s secure trading account after closing the last transaction during any period of time.

Fort Trades Station means licensed software used to make orders.

Spread – difference between buy and sell rate of a currency pair or CFD contract at a given moment.

Storage, Swap – cash held or added to Client’s or broker’s secure trading account for prolonging (carrying over) a position to the following day. From Wednesday to Thursday swaps are tripled.

Dealer – Company employee processing Client orders.

Company’s business hours – time during which the Company’s terminal processes orders with standard currency contracts and standard CFD contracts. This time represents a continuous period of time between 00:00 hours EET of Monday and 23:59 hours EET of Friday. Order processing can be limited or unavailable from 00:00 hours EET till 00:05 hours EET daily from Monday till Friday due to special technical pricing procedures at the start of the new business day. Price flow for specific trading instruments with limited trading hours can be limited at the beginning of trading session due to insufficient liquidity.

Buy rate (ASK) – rate at which the Client may buy a traded currency.

Sell rate (BID) – rate at which the Client may sell a traded currency.