1.1 This Agreement sets out the terms and conditions governing the operation of the Client's Trading Account with the ExoTrade (hereinafter referred to as the investment company).
1.2 This Agreement shall enter into force on the date of registration of the Client’s Trading Account.
1.3 Other materials that explain the basics of the Investment ExoTrade `s work with the Client, but are not part of the Agreement, include the ExoTrade Website, the Trading Platform and additional agreements.
1.4 The Investment ExoTrade recommends that the Client familiarize himself with the documents governing the Client’s work with the Investment ExoTrade , and if any items require further clarification, contact the Investment ExoTrade `s Client Support Service. This Agreement establishes the rules regarding the provision of trade services, unless otherwise agreed in writing by the parties. The contracts that the ExoTrade concludes with the Client under this Agreement are binding and enforceable. By submitting an electronic application on the ExoTrade website, the Client confirms that he accepts the terms of this Agreement.
1.5. The official language of the Investment ExoTrade is English. In case of doubt regarding the content of the document, the English text will prevail. The Investment ExoTrade can provide customer support in local languages.
2.1 In the event that several individuals act as a client, such individuals agree to be jointly and severally liable for obligations under this agreement and hold the Investment ExoTrade harmless against any claims, expenses and obligations that may arise between such individuals in the process or as a result of working on their trading account in the Investment ExoTrade .
2.2 Each co-owner of the joint account agrees that the orders and instructions of any co-owner are lawful and do not require confirmation by other co-owners of the trading account.
2.3 A notification sent to any of the co-owners shall be considered as the notification sent to all the co-owners of the trading account.
2.4 In the event of the death of any of the co-owners, the Investment ExoTrade presumes that the account holders are co-owners with inheritance rights arising from the death of the testator.
3.1. Activity provided on the Client’s Trading Account is governed by the terms of this Client Agreement and its annexes.
3.2 The Investment ExoTrade executes orders of the Client as an agent, unless otherwise provided. To execute orders, the Investment ExoTrade may use the services of another broker or affiliate. All transactions are governed by the rules and policies of the respective markets and clearing and settlement chambers, as well as applicable law.
3.3 The Client does not acquire ownership of any Underlying Instrument in the process or as a result of working with a ExoTrade . The Investment ExoTrade does not transfer to the Client any Underlying Instruments or other rights.
3.4 Messages sent via the website or e-mail are legally binding as written communication.
3.5 The Investment ExoTrade may request the provision of information on the relevant knowledge and experience of the Client in order to assess the acceptability of the service or product for the Client; and if this service or product is unacceptable to the Client, the Investment ExoTrade has the right to send the Client a corresponding notice. If the Client does not provide the requested information or if the Client provides inaccurate or incomplete information, the Investment ExoTrade will not be able to assess the acceptability of the product or service for the Client. In this case, the Investment ExoTrade has the right to refuse to open an Account for the Client. Nevertheless, the Investment ExoTrade is not bound by any obligation to evaluate or guarantee the acceptability of any service or product for the Client.
4.1 The Client acknowledges, understands and agrees that:
4.1.1. Any comments on the market and information provided to the client by the Investment ExoTrade or the Investment ExoTrade `s IB do not constitute an offer to open / close any transaction and are not a trading recommendation or advice;
4.1.2 Such comments and information are based on data obtained from reliable sources, according to the Investment ExoTrade , but nevertheless may be incomplete, inaccurate and irrelevant and the Investment ExoTrade is not responsible for the completeness, accuracy and relevance of such information and comments;
5.1 By entering into this Client Agreement with a Investment ExoTrade , the Client declares and guarantees the following:
5.1.1 The Сlient is in his right mind, is of the legal age and has full legal capacity.
5.1.2 In the event that the Client is a legal entity, it is duly incorporated in accordance with the laws of its jurisdiction.
5.1.3 The Client undertakes to duly fulfill all the obligations stipulated by this Client Agreement.
5.1.4. By entering in and fulfilling this Agreement, the Client does not violate any charter, rules, regulations, statutes, decrees, etc., applicable to the Client.
5.1.5. The Client undertakes to provide all documents and information requested by the Investment ExoTrade .
5.1.6 The Client hereby warrants that trading in the OTC markets is an acceptable activity for him.
5.1.7 The Client has read and understands the Risk Disclosure Statement provided by the Investment ExoTrade .
5.1.8 The Client agrees to regularly review possible changes and amendments made by the Investment ExoTrade to the Client Agreement, its annexes and additions, as well as the policies and notifications of the Investment ExoTrade .
5.1.9 When placing an order, the Client fully understands the conditions of this order, as well as the possible risks, and has decided to open / close this order at his own discretion and based on his own judgment.
5.1.10 The Client declares that all information provided by the Client, including information regarding the Client’s trading experience and knowledge of investments, is true and complete, and undertakes to notify the Investment ExoTrade in time of any changes in the information provided.
6.1 Before starting to work on the Trading Account, the Client, as well as, the co-owner/s, if applicable, must provide information and documents requested by the Investment ExoTrade under the KYC procedure and in accordance with the AML policy.
6.2 The Client’s refusal, as well as the refusal of the co-owner/s, if applicable, to provide the requested documents and/or information may be the reason for suspension of the Client’s activity on the Trading Account.
6.3 The Investment ExoTrade reserves the right to liquidate open positions at the request of any regulatory, legislative or similar body of applicable jurisdiction, as well as perform other actions in accordance with the instructions of the above bodies.
7.1 ONLINE ACCESS
7.1.1 To start working with the platform, the Client needs to obtain secret access data from the Investment ExoTrade : username and password. The Client hereby declares that:
7.1.1.1 The Client is responsible for the security of secret access data and its use;
7.1.1.2 The Client is responsible for non-disclosure of secret access data to third parties;
7.1.1.3 The Investment ExoTrade accepts for execution instructions and orders sent using the Client’s secret access code, and the Client is solely responsible for the results of the execution of such instructions and/or orders;
7.1.1.4 The Client is obliged to notify the Investment ExoTrade of the unauthorized use of the Client`s secret access data.
7.1.1.5 The Client hereby confirms the right of the Investment ExoTrade to suspend its access to the trading account without prior notice to the Client if the Investment ExoTrade has reason to suspect that the Client’s secret access data is used by unauthorized third parties.
7.1.1.6 The Investment ExoTrade , its partners or service providers, do not make direct or indirect representations or warranties regarding the continuous and uninterrupted operation of the ExoTrade platform and / or website.
7.1.2 The Client agrees to use the platform, website and other software for the intended purpose, not to violate the intellectual property rights of the Investment ExoTrade or confidentiality obligations, not to use malicious codes/viruses, as well as to perform any actions that may lead to malfunctions of the platform, website and/or other Investment ExoTrade software.
7.2.2 The Client is aware that he is solely responsible for transactions conducted on his trading account.
7.2.3 If the Client’s account is a joint account, the Investment ExoTrade is authorized to act on the instructions of any of the account holders without further approval by the other co-owners of this Trading Account.
7.2.4 A Investment ExoTrade provides prices by placing them on the trading platform, website, online platform or using any other means of communication; The Client hereby acknowledges the prices provided by the Investment ExoTrade as reliable and waives any claims regarding the prices of the ExoTrade .
7.2.5 The Investment ExoTrade does not guarantee uninterrupted provision of prices in connection with possible technological failures, failures in communication systems, high market volatility, etc.
7.3 EXECUTION OF ORDERS
7.3.1 The Client can place orders on the Platform or by phone call, using his access data provided to him by the Investment ExoTrade for this purpose and provided that the Client has provided all relevant information in both cases. Orders placed by phone using a voice order will be placed on the Platform by the Investment ExoTrade .
7.3.2 All types of Orders are described in detail in the platform user guide. The Client is responsible for understanding the design and operational features of the Order.
7.3.3 The Investment ExoTrade shall make all necessary efforts to execute the Orders at the first Investment ExoTrade Price, available after the price specified in the Order has been reached or in the event that an event or condition specified in the Order has taken place. However, the Investment ExoTrade may not be able to execute the Order or execute the Order at the indicated price or at the occurrence of the specified event, if there is an event that is not controlled by the Investment ExoTrade in relation to the Underlying Instrument or foreign currency. Under such conditions, the Investment ExoTrade seeks to execute the Client’s Order at the Price of the Investment ExoTrade closest to the price specified by the Client.
7.3.4 The Investment ExoTrade has the right, including, but not limited, to establish a minimum price limit between the current Price of the Investment ExoTrade and the price or level of Stop Orders and Limit Orders, and also reserves the right not to accept Orders at a price below the minimum limit.
7.3.5 The Client hereby acknowledges that the Investment ExoTrade may, at its discretion, add, remove or suspend any financial instrument from the Platform on any type of underlying asset or market, as necessary, in the event of a stock transformation (for example, as a result of a merger, consolidation/split of shares, separation, redemption of a controlling stake in the Investment ExoTrade , nationalization, delisting, etc.) or if no positions of the Client are held in a specific financial instrument at a specific point in time.
7.3.6 In case of non-execution of orders due to weekends or holidays, their execution is postponed to the next business day.
7.3.7 The Investment ExoTrade , its partners and service providers are not liable for delays in the transfer of orders due to market conditions, failures, malfunctions or improper functioning of communications, nor are they liable for any claims, losses, damages and expenses.
7.4 MARGIN REQUIREMENTS
7.4.1 The Client is responsible for fulfilling margin requirements. If the Margin on the Client Trading Account is less than necessary for the transaction that the Client intends to open, the Investment ExoTrade has the right to reject such a Transaction. Margin requirements must be fulfilled before placing the Transaction and must be maintained as long as the position remains open.
7.4.2 Margin is calculated using the leverage set for the Client Account. Leverage can be expressed as a ratio, percentage, number or in any other form applicable to the Instrument or foreign currency.
7.4.3 Leverage settings will be set by default for Transactions placed on the Client's Account.
7.4.4 The Investment ExoTrade reserves the right to change the method of calculating margins.
7.4.5 The case when the Equity of the Client Trading Account falls below the Used Margin is classified as default by the Client. In this case, the Investment ExoTrade has the right to close all Open Positions of the Client immediately and without prior notice, as well as refuse to execute new transactions until the Equity of the Client Account is restored to the amount of Margin Used. The Client is solely responsible for monitoring his Account (s) in order to maintain Equity above the level of Used Margin.
7.4.6 The actions set forth in this clause 7.4 are intended to limit the Client’s trading losses. Nevertheless, the Client is liable for possible losses.
7.5 Leverage
7.5.1 The Investment ExoTrade has the right to change the amount of leverage on the Client Trading Account without prior notice, including if the Client’s trading style is considered to be highly risky for the Investment ExoTrade .
8.1. The Investment ExoTrade has the right to transfer all or any position on the Client’s Trading Account overnight at the rates determined by the Investment ExoTrade .
9.1 The following events are considered as default of obligations:
9.1.1 Refusal of the Client to fulfill any obligations to the Investment ExoTrade for any reason, including inability or unwillingness to pay the amounts due by the Client to the Investment ExoTrade .
9.1.2 Bankruptcy proceedings initiated against the Client.
9.1.3 Violations by the Client of the terms and conditions of this Agreement or the event when the information provided by the Client is or becomes untruthful, inaccurate, incomplete or incorrect;
9.1.4. Repeated non-fulfillment by the Client of obligations on timely payment to the Investment ExoTrade of the due amounts, including non-fulfillment of margin requirements;
9.1.5. The Investment ExoTrade cannot contact the Client within a reasonable period of time;
9.1.6. The Investment ExoTrade reasonably believes that the measures set forth in clause 9.2 are appropriate for the purposes of the relevant regulatory requirement applicable to the Investment ExoTrade or the Client.
9.1.6 The requirement of any regulatory body to perform one or more of the actions described in the following clause 9.2 of this Agreement.
9.2. In the event of the events described in the previous paragraph 9.1, the Investment ExoTrade has the right to take the following actions at its discretion to:
9.2.1 Terminate this Client Agreement without prior notice to the Client.
9.2.2 Close open positions (open position) on the Client’s Trading Account.
9.2.3 Deny or suspend Client`s access to the platform.
9.2.4 Reject the execution of any Client`s order.
9.2.5 Restrict Client`s trading.
9.2.6 Fulfill the requirements of law enforcement agencies.
9.2.7 In case of fraud, return the funds to the owner or to sources indicated by law enforcement agencies.
9.2.8. Cancel profits made using artificial intelligence or using prohibited trading methods or any other activity described in clause 9.1 of this agreement or contrary to the principles of cooperation between the Client and the Investment ExoTrade .
9.2.9 File a claim for damages and losses, including reputational loss that the Investment ExoTrade incurred, as well as assign the debt to the third parties.
9.3. Without prejudice to the right of the Investment ExoTrade to take the actions set forth in this clause 9, the Investment ExoTrade has the right to suspend any activity on the Client's Trading Account if:
9.3.1. The Investment ExoTrade has good reason to believe that a case of default has occurred or may arise, but there is a reasonable need to investigate the relevant circumstances in order to confirm such a fact;
9.3.2. The Investment ExoTrade has good reason to believe that the Client does not fully understand the essence of the Transactions that he places or the corresponding possible risks;
9.3.3 The CoInvestment ExoTrade mpany has not received within a reasonable time the information that, in the opinion of the Investment ExoTrade , is necessary for the implementation of this Agreement; and/or
9.3.4 The Investment ExoTrade has reason to believe that there was an attempt of an unauthorized access to the Client Trading Account and/or a violation of the security system of the Client Trading Account or that there is a threat to the security system of the Client trading Account.
9.3.5 The Client agrees not to use non-normative trading methods such as, but not limited to:
9.3.5.1 Scalping - A transaction closed within a time less than or equal to 120 seconds from the moment of opening.
9.3.5.2 Pip-hunting - A transaction closed in such a way with an intention to make a profit of one pip.
9.3.6. The Investment ExoTrade has the right to cancel profits made as a result of using non-normative trading methods.
10.1 Confirmation of transactions is carried out online as transactions are completed and immediately reflected in the “Open Positions” window, in the Account Report and in the Trading History, which are correct and final.
10.2 Written objections by the Client should be sent to the Investment ExoTrade at the official email address of the Investment ExoTrade and will be deemed received only if they are actually delivered or sent from the Client’s email registered in the Investment ExoTrade as the Client’s email.
10.3 Nothing in this agreement excludes the right of the Investment ExoTrade to correct any errors when discovered, and the Client hereby agrees that such errors, which could lead to both profit and loss, must be corrected.
11.1 The Investment ExoTrade and its partners and service providers are not liable to the Client for any loss, expense, damage or expense incurred by the Client, directly or indirectly, for any reason beyond the control of the Investment ExoTrade , including but not limited to, natural disasters, force majeure, civil unrest, wars, riots, international interventions, government actions (including, but not limited to, currency restrictions, confiscation, nationalization, depreciation), market conditions, failure of any transmission system and or communication.
12.1. The dormant account is the Client Trading Account, on which no operations were performed during one calendar month.
12.2 In the event that there is a positive balance on a dormant Trading Account, the Investment ExoTrade has the right to charge a commission of up to 25 EUR for each month of the period when the Trading Account is inactive.
13.1. The Website, the Trading Platform, software, documentation and other information, data and materials that the Investment ExoTrade can provide to the Client directly or with the help of third-party service providers and/or licenses are the property of the Investment ExoTrade or third-party providers services and/or licenses.
13.2. All copyrights, trademarks, industrial property rights and other intellectual property rights for the Investment ExoTrade Materials, including, but not limited to, all updates, modifications, compilations and optimizations, as well as all derivative works based on the Investment ExoTrade Materials are the property of the Investment ExoTrade (or the third parties that provide services or licenses, as appropriate).
13.3. The Client has the right to access and use the Investment ExoTrade Materials only in the manner established for work on the Client Trading Account under this Agreement.
13.4. The Client agrees not to transfer the Investment ExoTrade Materials in full or in part to anyone, not to copy or reproduce these materials in full or in part without the prior written permission of the Investment ExoTrade .
13.5. The Client agrees not to delete, hide or distort copyright marks or other indications of proprietary notice of the Investment ExoTrade Materials.
13.6. Except as expressly permitted by this Agreement or any other written agreements between the Client and the Investment ExoTrade , the Client is not entitled to:
13.6.1. Change, translate or create derivative products based on any products and materials of the Investment ExoTrade ;
13.6.2. Take any actions that compromise or question, may compromise or question the use by another Client of any Investment ExoTrade Materials or the rights of the Investment ExoTrade or third parties that provide services or licenses to the Investment ExoTrade Materials; or
13.6.3. Perform engineering analysis, decompilation or analysis of any Investment ExoTrade Materials, including software, or otherwise attempt to disclose the program code of the above.
13.7. The Client undertakes to immediately inform the Investment ExoTrade of any unauthorized use or violation of the rules for the use of any Investment ExoTrade Materials, which the Client has become aware of and in the amount justified by the Investment ExoTrade , to assist the Investment ExoTrade in eliminating such a violation and/or taking the necessary measures to prevent similar situations in the future.
14.1. The Investment ExoTrade is not responsible for:
14.1.1. Events not controlled by the Investment ExoTrade ;
14.1.2. Default by a third party;
14.1.3. Actions taken by the Investment ExoTrade in the context of force majeure, correcting an obvious error, as well as in case of default by the Client.
14.1.4. Communication interruption (for any reason), including, but not limited to, the inability to use the website (including the Trading Platform) or the Investment ExoTrade telephone system.
14.1.5. Use, operation, operational efficiency and/or failure and interruptions in the operation of third party trading systems, their software or services that are not provided by the Investment ExoTrade ;
14.1.6. Any claims for reimbursement of losses, expenses, costs or debt obligations that have borne by the Client (collectively the “Claims”), except when such expenses were incurred as a result of violation of this Agreement, negligence or intentional non-fulfillment of their obligations.
14.2. The Investment ExoTrade shall not be liable for indirect losses that are a side effect of the main loss or damage and which it is not possible to foresee for the Investment ExoTrade or the Client.
14.3. The Investment ExoTrade is not liable to the Client for lost profits and/or lost opportunities in the trading process.
14.4. The limitation of liability in article 14 applies regardless of whether the Investment ExoTrade was aware of the possibility of such a claim.
14.5. A Investment ExoTrade does not guarantee protection against any potential risks described in this article 14.
15.1. The Client’s Trading Account is activated after the Client deposits an amount equal to or higher than the minimum initial deposit, the amount of which is established by the Investment ExoTrade from time to time.
15.2. The Client may make deposits to his trading account at any time during the term of this Agreement. Replenishment methods are established by the Investment ExoTrade at the appropriate time. Detailed information on deposit methods is indicated on the Investment ExoTrade website.
15.3 The Investment ExoTrade has the right to request from the client any documents confirming the source of funds deposited to his account in the Investment ExoTrade , and also not to accept the Client’s deposit if there is any doubt about the legality of the funds. The Investment ExoTrade does not accept anonymous payments or payments made by third parties to the Client trading Account.
15.4 In the event that the funds deposited by the Client were not credited to his trading account within a reasonable time, the Client shall notify the Investment ExoTrade about this and provide all the necessary documents for searching and tracking the transaction.
15.5 After receiving a request from a client to withdraw funds from a trading account, the Investment ExoTrade transfers funds from the Client Trading Account to the same source from which the deposit was made.
15.6 The Investment ExoTrade reserves the right to refuse to execute a request for withdrawal, in whole or in part, if:
15.6.1 The information in the Client’s request for withdrawal is incomplete, untruthful or irrelevant;
15.6.2 The withdrawal of funds is requested to the account from which no deposit was previously made and/or to the account that does not belong to the Client;
15.6.3 At the time of the withdrawal, the balance on the Client Trading Account is less than the amount specified in the withdrawal request, including all commissions;
15.6.4 In case of force majeure;
15.6.5 The Investment ExoTrade reasonably believes that cash may be required to meet margin requirements;
15.6.6. The free margin on the client’s trading account is insufficient to fulfill the corresponding request for withdrawal of funds;
15.6.7. There is a certain amount payable, but not paid by the Client in favor of the Investment ExoTrade ;
15.6.8. There is a requirement of relevant legislation.
15.7 The Investment ExoTrade reserves the right to reject a request to withdraw a client’s funds from a trading account if he requests a specific method of transfer, and also has the right to offer an alternative method of transfer.
15.8. All fees for the transfer of funds shall be borne by the Client.
15.9. The Investment ExoTrade shall not be liable for errors made when executing the withdrawal of funds from the trading account if they were made through no fault of the Investment ExoTrade .
16.1 The Client understands, acknowledges and agrees that the ExoTrade may change or amend this agreement at any time, including the Annexes thereto, and the client hereby agrees to familiarize himself with such amendments and updates on the Investment ExoTrade website.
16.2 Changes and amendments take effect from the moment they are published on the Investment ExoTrade website.
17.1 This Agreement is valid until its termination and can be terminated by the Client within 10 working days, provided that the Client’s Trading Account does not have open positions and/or there are unfulfilled obligations to the Investment ExoTrade .
17.2 This Agreement may be terminated by the Investment ExoTrade at any time after a written notice is sent to the Client on termination of the Agreement, provided that the termination does not affect any transactions concluded earlier and does not exempt either party from any of the obligations set forth in this Agreement.
17.3 Notification of a party to terminate the Agreement does not discharge the Client of any obligations to the Investment ExoTrade .
18.1 The Client hereby agrees that conversations between the Client and the Investment ExoTrade , including, inter alia, its employees or partners, may be recorded.
18.2 The Client hereby acknowledges that such records are the property of the Investment ExoTrade and may be used as evidence in the event of any dispute or litigation between the Client and the Investment ExoTrade .
19.1 This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without the application of international conflict law.
19.2 Any disputes or proceedings between the client and the Investment ExoTrade shall be resolved in accordance with the rules of law of the United Kingdom.
19.3 This Client Agreement is a legally binding contract between the Client and the Investment ExoTrade .
