Client Agreement
This Client agreement is entered by and between the operator of the InvestixTrade site (the “Company”) and the person or legal entity that has applied to open a trading account on the Company’s trading platform (the “Client”), according to the terms and conditions detailed herein.
- Introduction
1.1 This agreement, as well as any legally binding document entered into between the Company (InvestixTrade) and the Client, all are amended from time to time (together: the “Agreement”), sets out the terms upon which the Company will deal with the Client in respect to placing orders and trading over financial instruments, on the Company’s CFD trading platform.
1.2 Trading in CFD (“Trading”), means that a contract is being created which gives the Client the right to estimate the direction of change in price of an underlying asset, within a specified time frame determined by the Company. This trading instrument is different from trading in traditional options, since there is a fixed return that is determined at the outset of the trade, there is usually no Stop-Loss order and other features.
1.3 Opening an account and usage of the Trading Platform provided by the Company is by limited license given by the Company to the Client.
The license is personal, non-transferable and is for persons who are older than 18 years old (or older legal age, if the law applicable to the Client’s jurisdiction requires a greater legal age) and subject to this Agreement. The Client may not transfer, assign, or enable another person or legal entity to make any use of the license, and/or give the Client’s Trading Account access codes to anyone. Any damage caused to the Client, the Company and any third party due to breach of this Agreement by Client, shall be under the Client’s sole responsibility.
- Opening of the Trading Account
2.1 The Company will open an account for the Client (the “Trading Account”) as soon as reasonably feasible after:
(i) A financial Deposit is made into your account,
(ii) The Company has received confirmation that the Client has agreed to enter into this Agreement (such confirmation can be made by checking the “I AGREE” button or link on the Company’s Internet website (the “Website”), followed by a completed application form (if applicable) and all other Client’s information required by the Company to be provided (for full verification). The Client confirms that Client’s information is full, accurate and complete. If there is a change in the information provided by the Client (at any time), the Client must agree and undertake to:
notify us of any changes to your personal and financial information and/or in your financial condition by emailing support @InvestixTrade.com
Provide true, accurate, current and complete Registration Data as prompted by the registration process; maintain and promptly update the
Registration Data to keep it accurate, current and complete by emailing any changes to [email protected] and furthermore; Ensure that you log out from your Trading Account at the end of each session on the Website;
We may carry out credit and other checks from time to time as we deem appropriate. Your Registration Data or other information may be used in the prevention of money laundering as well as for the management of your account. You authorize us to use your Registration Data and other information to perform the above checks in relation to your application process; In the event we become aware of any illegal activity, impropriety in the Registration Data or failure of any due diligence requirement, we may freeze your account. Should such an event occur we may not be in a position to release funds and may not be able to carry out subsequent instructions from you.
Once logged onto the Trading Platform using your Account Credentials, you authorize us to rely upon any information or instructions set forth in any data transmission using your Registration Data, without making further investigation or inquiry, and regardless of the actual identity of the individual transmitting the same. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.
You consent to us processing all such information for the purposes of performing under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy.
You have the right to be informed of the personal data we hold about you. An administrative fee may apply.
2.2 The Trading Account will be activated by the Company as soon as the Company has identified the funds credited by the Client to the Trading Account. The Company may activate the Trading Account and permit trading in the Trading Account subject to such limitations,(and before full verification has been determined) and to the satisfaction of such further requirements as the Company may impose. In the event that the Trading Account is activated but any such requirements are not complied with, the Company may freeze activity in the Trading Account. Where a Trading Account is not activated or is frozen, no funds held by the Company in respect of that Trading Account may be transferred back or to any other person until the Company is satisfied that all Applicable Regulations have been complied with.
2.3 In relation to any Transaction entered into pursuant to the Agreement the Company may act, according to the Company’s sole discretion, as principal or as agent on the Client’s behalf. Therefore the Company may act as the counter party to the Clients Trading activity. The Client confirms that it acts as principal and not as agent or trustee on behalf of someone else.
2.4 The Client hereby represents and warrants that his engagement with the Company in this Agreement and his use of the Company’s services are in full compliance with the law applicable to the Client. Telephone conversations between the Client and the Company may be recorded and kept by the Company. Recordings will remain the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations having taken place. Our records will be evidence of your dealings with us in connection with the Trading Platform. Records may be made available to you on request at our absolute discretion, and an administrative fee will apply. You will not object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals, are not in writing or are documents produced by a computer. Under all applicable Regulations, the Company will keep Clients personal data records, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement or a Transaction.
2.5. You hereby confirm and consent to receive certain automatic e-mails notifications generated by InvestixTrade system, which will be sent to the email address provided by you, which may include the following action generated Email notifications:
- Deposit Confirmation
- Welcome to InvestixTrade
- Withdrawal Request
- Transaction Confirmation
- Password Reset
- Password Changed
- Live Account Password Changed
You acknowledge and understand that the automatic emails sent to you are required for security measures to ensure that all actions made on your account are executed by you and for the purpose of securing your account from unauthorized use by third parties.
- CFD Trading Platform
3.1 The Trading Platform supplied by the Company enables CFD trading in foreign exchange rates of different currencies, commodities, and any other financial instruments made available by the Company (all hereof: “Financial Instruments”). The Trading Platform displays indicative quotes of exchange rates of different financial instruments pairs, based on different financial information systems, as the most updated exchange rates in the international capital markets. For determining the quotes for different time periods, the platform is making mathematical calculations according to known and accepted capital markets formulas. It is acknowledged by both Parties that due to different calculation methods and other circumstances, different trading platforms and/or markets may display different price quotes.
3.2 The Client will receive a predetermined pay-out if his CFD transaction expires in-the-money, and he will lose a predetermined amount of his investment in the Transaction if the option expires out-of-the-money. The predetermined amounts are a derivative of the collateral invested in the transaction by the Client, and will be published in the Trading Platform. The degree to which the option is in-the-money or out-of-the-money does not matter as it does with a traditional options.
3.3 The Company does warrant that trading in the Trading Account will be available at all times.
3.4 The Client authorizes the Company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Client or any person authorized on the Client’s behalf, without further enquiry on the part of the Company as to the
authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication.
The Client will be responsible for and will be bound by all obligations entered into or assumed by the Company on behalf of the Client in consequence of or in connection with such orders, requests, instructions or other communication.
3.5 The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed or added to by the Company and may include (without limitation):
(i) controls over maximum order amounts and maximum order sizes;
(ii) controls over total exposure of the Company to the Client;
(iii) controls over prices at which orders may be submitted (including, without limitation, controls over orders which are at a price which differs greatly from the market price at the time the order is submitted to the Company’s order book);
(iv) controls over any electronic services provided by the Company to the Client (including, without limitation, any verification procedures to ensure that any particular order or orders has come from the Client); or
(v) any other limits, parameters or controls which the Company may be required to. The Company may, in addition, require the Client to limit the number of open Transactions which the Client may have with the Company at any time.
3.6 The Company does not allow actions or non-actions based on arbitrage calculations or other methods that are based on exploitation of different systems or platforms malfunction, delay, error etc.
3.7 The Company is entitled, by its own discretion, to cancel any trade that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Client etc. The Company’s records will serve as decisive evidence to the correct quotes in the world capital markets and the wrong quotes given to the Client; The Company is entitled to correct or cancel any trade based according to the correct quotes.
3.8 Reporting — Client can see his open trades (“Positions”) and guarantee funds situation at any time by accessing his Trading Account in the Company’s platform and viewing past trade’s reports generated by the Company. No hard-copy reports are sent.
- Funds
The Trading Account shall be activated upon the Client depositing the Initial Deposit as determined by the Company at its discretion. The Company will not accept third party or anonymous payments in the Client Account. In the case of identified third party payment, this must be proven with Identification as per the verification procedure. The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into the Client Account. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds.
4.1 The Client may transfer funds to the Company with different methods of payment as permitted by the Company from time to time and in any currency (acceptable by the Company), and such funds will be converted and managed in the Trading Platform in US Dollars and/or Euro and/or GBP, as determined by the Company, according to an exchange rate determined by the Company’s according to the available market rates.
4.2 When making a bank transfer, the Client must send the Company an authentic SWIFT confirmation, stating full bank account details and proof that the bank account is registered under its name. Non-delivery of the SWIFT confirmation or in case that the details do not conform to the Client’s details registered at the Company may result in the funds not being credited to the Client’s Trading Account.
4.3 The Funds deposited with the Company by the Client, together with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security to any Transaction, including Trading Losses, Commission and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Trading Account. The Client’s Funds shall not accumulate any interest or any other benefits. Trading in CFD that relate to a reference security shall not grant the Client any right to dividends, voting, allocations or any other Benefits, but may be subject to adjustments according to financial or corporate events which may have an effect the reference security, such as distribution of dividends, splits etc.
4.4 Repayment of any funds via wire transfer by the Company to the Client will be in the same currency and to the same account/credit card from which the funds were originally transferred
4.5 The Client declares that all funds that it transfers to the Company do not derive from any criminal or other illegal activity and without any violation of any applicable anti — money laundering laws and regulations.
4.6 The Client will have no claim against the Company and will not hold the Company responsible for any delay and/or differences originating from a credit company’s, banks or other financial institutions rates calculation and/or commission and/or any other debit.
4.7 a) In the case the Client gives an instruction to withdraw funds from the Trading Account, InvestixTrade finance department supervises every withdrawal request submitted. Identification documents must be submitted to process any withdrawal. The Company shall pay the specified amount (less any transfer charges, if applicable, see point (5) below) within seven to ten (7-10) Business Days once instructions has been accepted and at the moment of payment, the Client’s margin requirements, proof of identity (to ensure safety of client’s funds) and due diligence criteria have been met. The Company may cancel the Client’s withdrawal order, if, according to the Company’s discretion, the remaining funds (after the withdrawal) shall not be sufficient to secure open Position(s) in the Trading Account.
- b) The company does not take any responsibility for any delays of withdrawals, due to third party (banks, credit card companies or other service providers) policies, nor any “Force Majeure” events that are not under the company’s control.
- c) Minimum withdrawal amount for wire transfers is 1,000.00 (USD, GBP or EUR).
- d) Minimum withdrawal amount for Credit card / Debit Card transfers is 100 (USD, GBP or EUR)
- e) Minimum Deposit amount is 250 USD, GBP or EUR) Max Deposit amount is unlimited.
4.8 The Company shall debit the Client’s Trading Account for all payment charges. If the Client has the obligation to pay any amount to the Company which exceeds the amount held in the Client’s Trading Account, the Client shall immediately pay such amount upon Company’s request.
4.9 The Company shall not provide physical delivery in relation to any Transaction. As mentioned above, Profit or loss is credited to or debited to or from the Trading Account (as applicable) once the Transaction is closed. If we receive a charge-back from any credit card issuer, for any reason, we will reserve the right to seek reimbursement from you. We may seek to obtain any reimbursement by charging your credit card, deducting amounts from any future payments owed to you, directly charging your Trading Account, or obtaining reimbursement from you via other lawful means. All bank charges, however they may arise, will be deducted directly from your Trading Account.
4.10 Due to AML policies, all account types must be verified up to 90 business days before the first withdrawal is processed.
- Fees & Charges
5.1 The Company charges a clearance fee of 1% for all executed trades.
5.2 All deposits to the company either by Credit Card or Wire Transfer are not subject to fees from the company. Clients may see fee’s charged to them and these charges will be from the clients’ bank.
5.3 All withdrawals either by Credit Card or Wire are not subject to fees. The company pays all fees for wire withdrawals.
5.4 The Company may introduce additional fees and charges, and may change any existing fees and charges, at any time.
5.5 The company charges a quarterly fee of $75 for all accounts.
- Bonus Policy
6.1 The Company may offer a number of attractive reward features, including welcome bonuses, contests and awards to new or existing customers.
Bonuses and trading credits rewarded to clients are part of the Company’s promotions programs. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change from time to time.
6.2 Bonuses and profits that are based, even partially, on use of bonus credit, shall be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms and Conditions by Client.
6.3 In order to withdraw funds from an account that has been credited with a trading bonus, the trader will be required to execute a minimum trading volume of (bonus amount + Deposit) x25.
6.4 Funds can only be withdrawn when the preceding stipulation has been fully met and fulfilled. All trading bonuses are final, and a trading bonus cannot be removed once it has been credited to an account.
6.5 In regards to all “7 days guarantee campaign” or all insured money campaign: Insured money is replaced with bonus money. The bonus money needs to meet the following trading requirements in order to be withdrawn. The 1st deposit amount needs to be traded 15 times in order to be eligible for withdraw.
6.6 Bonuses come with terms and conditions which require a client to fulfill a trading volume before their trading account is eligible for withdrawals.
For a position to count towards the needed turnover, the trade must be open for 24 hours.
- Privacy and Data Protection
7.1 Due to the nature of the Company’s business and relations with the Client, The Company shall hold some personal client information.
All data collected, whether it is on paper or on a computer is safeguarded in order to maintain the Client privacy (under Data protection laws).
7.2 The Company shall be permitted to use and/or disclose the Client Information (a) For internal use, including with affiliated entities;
(b) As permitted or required by law; (c) For protection against or prevent actual or potential fraud or unauthorized transactions or behavior.
For computerized supervision of Client’s use of the services, review and/or supervision and/or development and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligation to observe any applicable law.
7.3 The Client hereby grants the Company his/her permission to make use of his/her details in order to provide updates and/or information and/or promotion or marketing purposes through the Clients E-mail address or other contact information. Cancellation of this consent shall be performed by providing written notice to the Company, and shall apply to new publications that have not been sent.
7.4 The Client agrees that the Company may record all conversations with the Client and monitor (and maintain a record of) all emails sent by or to the Company. All such records are the Company’s property and can be used by the Company, amongst other things, in the case of a dispute between the Company and the Client.
7.5 Affiliation. The Company may share commissions and charges with its associates, introducing brokers or other third parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with Client’s information.
7.6 The Company’s Trading Platform, Website or other services may require the use of ‘Cookies’.