3. ACKNOWLEDGMENTS:
In connection with your acceptance of the Services offered by Investors Europe you acknowledge and agree that:
a) All dealings will be subject to the terms set out in this Agreement. Headings used in the body of the Agreement shall not affect its interpretation
b) The Client hereby appoints the Company to provide the following services to the Client in accordance with this Agreement and to deal as agent and to arrange deals in Spot Forex
c) These services may be provided to you in respect of both cash and contingent liability transactions. A contingent liability transaction is one where you will, or may, be liable to make further payments (in addition to charges and whether or not secured by margin) when the transaction fails to be completed or upon the earlier closing out of the position.
d) In all transactions between the Company and you it is understood the Company is acting as agent. Where you act in the capacity of an agent on behalf of other clients you agree:
(i) The Company will be acting solely for you in any and all transactions.
(ii) The Company will act solely for you whether or not the Company becomes aware, directly or indirectly, of the identity of any of your customers and any principal of yours so identified will not be treated as an indirect customer by the Company. In relation to any transaction entered into by you as agent in such circumstances, you warrant that: you have due authority to enter the transaction on your principal's behalf on the terms of this Agreement and that the transaction and such terms thereof will bind your principal accordingly.
(iii) Such principal has, at the time the transaction is entered, sufficient resources to meet its obligations thereunder, and that you will notify the Company if this eases to be the case
e) You are entirely responsible for the confidentiality of any Client Account Identification references given to you. You will notify Investors Europe immediately of any unauthorized use of your account or any other breach of security.
f) Investors Europe and its agents may, at their discretion, act in all matters on instructions given or purporting to be given by or on behalf of you verbally, by fax, by e-mail , by Skype or by other electronic or digital transmission, and Investors Europe and its agents shall not incur any liability by reason of acting or not acting on any such instructions.
g) You will be financially responsible for any and all brokerage, administrative charges, margins or commissions that arise from the use of your account by you or third parties you have introduced and you agree to pay all fees, charges, margins or commissions for services you receive from Investors Europe, or its agents.
h) Investors Europe reserves the right to change the brokerage and fees it charges you from time to time and to introduce new brokerage, commission and fee levels. Where permitted by the applicable regulations, we may receive or provide remuneration, fees and/or commission and non-monetary benefits from or to, or share harges with an associate or other third party in connection with transactions carried out on your behalf.
In particular, we pay and receive retrocessions from many introducing brokers and stock brokers for transacting forex for you. These arrangements are designed with your best interests in mind. The percentage we receive may vary depending on the total clients’ investments executed. These payments are normally in the range of 0.01%-2.0% of value of the investments executed. Further details are available on request.
i) You accept unreservedly that whilst Investors Europe will in good faith attempt to help you to make informed investment decisions, the ultimate decision (and the consequences thereof) will always be yours and yours alone and that Investors Europe can give no guarantees of performance on any products that you have executed through Investors Europe where Investors Europe may have helped you to reach an investment
decision.
j) While Investors Europe may, on a daily basis, advise on and deal and arrange deals in readily realizable securities, spot forex, options or other derivatives, Investors Europe, and its agents, will provide no legal, tax or investment advice in connection with your account. You agree to obtain your own investment, legal and tax advice from a qualified professional (or to assume the risk of not so doing) with respect to your use of the Services.
k) All transactions you make pursuant to this agreement will be subject to the constitution, by-laws, rulings, regulations and customs of the exchange or market (and its clearing house, if any) where the orders for such transactions are executed.
l) All trades conducted by you will be on a cash basis; if upon the purchase or sale of any position or trade, Investors Europe is unable to settle the transaction by reason of your failure to make payment or deliver the instrument, you will reimburse Investors Europe for all related costs, losses or liabilities.
m) Should you become indebted to Investors Europe for any reason, you will repay such debts forthwith. You agree that failure to promptly pay such debts will give Investors Europe the right to close all your trading accounts and to settle any such debts and margins through your settlement bank, clearing facility or any accounts held with or introduced to Investors Europe. Should you only pay part of such debts you shall be liable to Investors Europe for any difference still owed.
n) Any expenses on Investors Europe’s part in connection with replies to inquiries by public authorities, pursuant to national or international legislation, will be recharged to the Client. Any expenses incurred by Investors Europe in connection with auditors’ comments/ reports requested by the Client will also be recharged.
o) If you receive execution reports and statements directly from your online trading platform, rather than from investorseurope's back office, you accept and acknowledge that investorseurope may be working with third party software technology and third party trading platforms and will not send any trade execution information statements as this will be provided to you by your own trading platform and it will be wholly incumbent on you to confirm the validity and correctness of the trading platform information provided to you and you agree to hold Investors Europe and its agents, affiliates, officers and employees harmless from any claim, demand or damage arising thereof. investorseurope will facilitate information, execution reports and statements for these platforms at your request by liaising with the platform and software supplier(s) and will actively support you and generally help in good faith to resolve any issues with executions & statements on your online trading platform.
p) Investors Europe has the right at its sole discretion to close positions or any part thereof at any time, with or without notice, if the Company deems it necessary for its own protection. A position may be closed in such a manner as the Company deems appropriate.
q) investorseurope will hold client money as trustee in a segregated non-interest earning account at an approved bank or banks or at approved clearing brokers or brokers chosen by the Company. When client money is held in Gibraltar it may be held in accordance with the relevant laws and regulations that may be in force in Gibraltar at the time. Client money may also be deposited in a client transaction account outside Gibraltar and you may notify investorseurope in writing that you do not wish your money to be held in a particular regulated jurisdiction. In such circumstances your money may be held in a client transaction account in a regulated jurisdiction to which you do not object. Where client money is held in a client transaction account outside Gibraltar it will be held subject to the regulatory requirements of the relevant jurisdiction, and it will not be held subject to Gibraltar’s Accounting & Financial Regulations. Where, for example, money is held in the UK, it will be held in accordance with the UK’s FSA Regulatory Framework. In such circumstances, the legal and regulatory regime applicable to the broker where the client money is held will be different from that of Gibraltar, and in the event of a failure by that broker, client money may be treated differently than would be the case if the client money were held by a broker, settlement agent or counterparty in Gibraltar and that broker may reserve the right of set-off or counterclaim against money held in a client transaction account, in respect of any sum owed on any other account.
r) The Company will be entitled, in the absence of specific instructions from the Client, to take such or no action as it thinks appropriate or necessary in relation to the rights, conversions, rolls overs or other privileges conferred by any investments you trade. Investors Europe shall have no responsibility or liability of any kind whether in negligence or otherwise by reason or in consequence of its acting or not acting.
s) If you do not notify Investors Europe in writing of any errors or objections to any trading information or statements within 7 days from the date of physical execution or of a statement’s surface mailing, Emailing, faxing or digitally being made available to you, you agree that the information shown shall be deemed to be accepted as correct by you, notwithstanding that specific acknowledgement or acceptance is requested by the Company from you but none is given, and Investors Europe shall be released from all claims in connection with this information or any action taken or not taken by Investors Europe regarding your trading account. Trading confirmations forwarded by Investors Europe or any other transcript from Investors Europe require no signature. Verbal trade confirmations are always subject to firm and final confirmation in writing.
t) Investors Europe shall not be liable for any loss however caused, whether directly or indirectly, by government restrictions, by exchange or market rulings, the suspension of trading, wars, strikes or by reason of any other fact that is beyond the control of Investors Europe or any agent or employee of Investors Europe.
u) You agree to bear any margin or foreign currency exchange risk arising from any transaction effected pursuant to this Agreement.
v) You agree to bear any administrative investorseurope costs and any costs related to transfers or any transfer costs or levies by banking and settlement institutions when transferring monies and/ or financial products to or from your account(s) at investorseurope. Investors Europe is not liable for any penalties, fines, brokerage or other administrative liabilities incurred by you in relation to the Services provided.
w) Investors Europe may modify or discontinue its services or any part of them at any time. These services may be periodically unavailable to allow for systems maintenance and updates. Investors Europe shall not be liable for delayed or discontinued services.
x) The Client is under obligation to notify Investors Europe of any important change in information relative to circumstances concerning the present agreement. You should be aware of the fact that until such time as we are advised of any change in respect of any of the above matters, we shall continue to assume that they are correct for the purposes of acting on your behalf and that they continue to govern the relationship between us.
y) The Client is under an obligation to notify Investors Europe, in writing, within two weeks, of any change of address or contact.
z) Any notice to the Client can, with binding effect, be forwarded to one of the addresses and Emails or other contacts stated in the agreement, subject to 'previous two clauses'.) above.
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