This Client Agreement (“Agreement”) is entered into by and between Eminet World Ltd. (hereinafter called “the Company”) and the Client who has completed the on-line registration form with the title “Complete your Profile”.
01 General and Registration Information
- 1.1. This Agreement is an initial service agreement which relates to a series of successive or separate operations including, without limitation, Transactions in Instruments.
- 1.2. The Company is not to be required to (and may be unable to under Applicable Regulations) accept the Client as a Client until all documentation it requires has been received by the Company, properly and fully completed by the Client.
- 1.3. The Client may cancel/terminate the Agreement on mutual basis.
- 1.4. The Client and the Company may terminate its relationship by the means of both party’s communication via email for any termination.
- 1.5. The Client’s Trading Account shall be activated by the Company giving notice to the Client as soon as: a) the Company has received a completed by the Client on-line registration form with the title “Complete your Profile”; and b) the Operative Agreements have been accepted by the Client and in regards to Stock Trading, any subsequent forms and/or agreements; and c) relevant identity checks have been completed to the Company satisfaction
- 1.6. The Company has the right to request minimum initial deposit to allow the Client to start using his Trading Account.
- 1.7. The Client will be penalized if he/she, knowingly or unknowingly, submits false documents, and may be liable for any loss incurred by the Company due to their act or omission, and would be liable for legal fees as well.
- 1.8. In relation to any Transaction the Client acts as Principal and not as Agent on behalf of any third party. This means that unless otherwise agreed, the Company will treat the Client as a Client for all purposes and the Client shall be directly and fully responsible for performing the obligations under each Transaction made by or on behalf of the Client.
02 Client Money
- 2.1. Relevant Amounts held on the Trading Account (“Segregated Funds”) will be segregated by the Company and held in accordance with Applicable Regulations.
- 2.2. The Company may deposit Client money in overnight deposits and will be allowed to keep any interest.
- 2.3. The Company shall not be obliged to pay interest to the Client on any funds which the Company holds or in respect of any stocks held by the Company as a custodian. The Client waives all rights to interest.
- 2.4. Profit or loss from Financial Instruments trading is deposited in/withdrawn from the Client Account once the Transaction is closed.
- 2.5. The Client agrees that, in the event that there has been no movement on the Client’s Trading Account Balance for a period of at least six years (notwithstanding any payments or receipts of charges, interest or similar items) and the Company is unable to trace the Client despite having taken reasonable steps to do so, the Company may release any Client’s money balances from the Segregated Account.
- 2.6. The Client agrees that in the event that his/her remaining Trading Account Balance is up to 1 USD/EUR/GBP and his/her Trading Account is closed or inactive for more than 90 calendar days, then the Company shall have the right to deduct this remaining Trading Account Balance and use it for charity purposes at its absolute discretion.
- 2.7. The Client agrees that the Company shall not be held liable or have any further obligation in the event that any credit or financial institution with which Segregated Funds are held defaults in its obligations with respect to the Segregated Funds.
- 2.8. The Client consents to and authorizes the Company to deal with or on behalf of the Client in any manner which the Company considers appropriate, notwithstanding any conflict of interest or the existence of any material interest in a transaction, without prior reference to the Client. The Company’s employees are required to comply with a policy of independence and to disregard any such material interest or conflict of interest when advising the Client.
- 2.9. Under the Law, the Company is required to take all reasonable steps to detect and avoid conflicts of interest. The Company is committed to act honestly, fairly and professionally and in the best interests of its Clients and to comply, in particular, with the principles set out in the Law when providing the Services.
- 3.1. Funds deposits and withdrawals to/from the Trading Account shall be governed by the Regulations for Non-Trading Operations.
- 3.2. The Client may withdraw funds from the Trading Account at any time in accordance with the clause 3.3
If the Client gives an instruction to withdraw funds from the Trading Account, The Company shall pay the specified amount on the same day that the request to withdraw funds was made, or the next working day if the Client’s request is received outside of normal trading hours. If the following requirements are met:
The withdrawal instruction includes all necessary information; 2. the instruction is to make a bank transfer to the account of the Client (under no circumstances will payments to third party or anonymous accounts be accepted); 3. at the moment of payment, the Client’s Free Margin exceeds the amount specified in the withdrawal instruction including all payment charges.
The Client acknowledges and accepts that the expected destination of outgoing transfers/payments will be the same as with the expected destination of incoming of funds. The Client will not be allowed to withdraw his funds by any other method, or to any other country, apart from his/her country of origin.
- 3.4. The Company reserves the right to decline a withdrawal request of the Client asking for a specific transfer method and the Company has the right to suggest an alternative.
- 3.5. The Company ensures that losses will not exceed the total available funds per Clients’ trading account(s) (negative balance protection).
- 3.6. The Company shall update on a regular basis the available payment system on the deposit & withdrawal section. The availability of each payment system may differ depending on country of residence therefore the payment systems available shall be located in the Client Portal.
- 3.7. In the event of a negative balance in a retail Client account, the Company will not file a claim against the Client for that amount, except in cases where the Client has used illicit methods to create it.
- 3.8. If any conflict situation arises when the Client reasonably believes that the Company as a result of any action or failure to act has breached one or more of the terms of the Operative Agreements, the Client has the right to lodge a complaint with the Company as soon as reasonably practicable after the occurrence of the event.
- 3.9. The Company has the right to choose the method of indemnification at its sole discretion.
- 3.10. Both parties to the Agreement can terminate by giving such notice in Writing to the other Party.
- 3.11. Upon termination of this Agreement, the Company shall be entitled without prior notice to the Client to cease to grant the Client access to the Trading Platform
- 3.12. Upon Termination the Company reserves the right to keep Client’s funds as necessary to close positions which have already been opened and/or pay any pending obligations of the Client under the Agreement.
- 3.13. The Company may use, store or otherwise process personal information provided by the Client in connection with the provision of the Services.
- 3.14. The Company discloses and the Client acknowledges that he/she runs a great risk of incurring losses and damages as a result of the purchase and/or sale of any financial instrument and accepts that he/she is willing to undertake this risk.