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Terms of Use

Terms of Use and Client Agreement

Note:The English version of this agreement is the governing version and shall prevail whenever there is any discrepancy between the English version and the other versions.

  1. Introduction

    These Terms of Use are hereby made between any user of this web site (www.stockpair.net) ("the site") and NXB Financial Services Limited ("the Company" or "we"), the operator of the site ("the agreement"). You must read, agree with and accept all of the terms and conditions contained in this agreement without modifications, before you may become a customer of the Company. By accessing or using the site, you agree to be bound by and to comply with the following terms and conditions, whether or not you register on http://www.stockpair.net.
    If you do not agree to be bound by the terms and conditions of this agreement, do not use or access this site and notify us immediately in writing. This agreement applies to both this site, as well as to the electronic content and/or software currently contained on the site and any other features, content or services that the Company may add in the future.

  2. Eligibility

    Our services are available to and may only be used by individuals who are acting for their own interests and not as trustee or a broker of another person and can form legally binding contracts under the law applicable to their country of residence. If you do not qualify, please do not use our site. Without limiting the foregoing, our services are not available to (i) companies or other business entities; and to (ii) persons under the age of 21. For avoidance of doubt, we shall not be responsible for any unauthorised use, by minors or by other unauthorised individuals or business entities of our services in any way or manner.
    Furthermore, our services are available only to, and may only be used by individuals who have sufficient experience and knowledge of financial matters and the capability of evaluating the merits and risks of trading via this site without relying on any information contained in this site.
    Without derogating from the above provision, we shall not be responsible for verifying and/or checking whether you possess such sufficient knowledge and/or experience, nor shall we be responsible for any damage and/or loss incurred by you as a result of insufficient knowledge and/or experience. If you do not qualify, please do not use our site.
    Without limiting the foregoing, our services are not available where they are illegal to use, and the Company reserves the right to refuse and/or cancel services to anyone at its own discretion.

    Our services are not currently available to residents and/or citizens of the following countries: Afghanistan, Algeria, Australia, Iran, Israel Myanmar, North Korea, Sudan, Syria and USA and member states of the EU. Other countries may also be subject to restrictions which is at the sole discretion of the Company.
    By agreeing to these terms you declare, regarding to these list of countries, as follows:

    • I am not a citizen or a resident of one of these countries,
    • Non of these states is my place of residence or that of my immediate family (spouse and/or children who are minors),
    • I do NOT engage in an occupation in one of these states,
    • My ordinary or permanent place of activity is not in one of these states and I do not have a permanent business in one of these states,
    • I am NOT insured by National Insurance Institution of any of these states,
    • I was NOT present (nor am I planning to be present) in any of these states for 183 days or more during this tax year,
    • I was NOT present (nor am I planning to be present) in any of these states for 30 days or more during this tax year, and the total period of my presence in each one of these states during this tax year and the two previous tax years is less than 425 days in total;

  3. Legal Restrictions

    Without limiting the foregoing, you understand that laws regarding financial contracts vary throughout the world, and it is your obligation alone to ensure that you fully comply with any law, regulation or directive, relevant to your country of residence with regards to the use of the site. For avoidance of doubt, the ability to access our site does not necessarily mean that our services, and/or your activities through it, are legal under the laws, regulations or directives relevant to your country of residence.
    This site does not constitute, and may not be used for the purposes of, an offer and/or solicitation to anyone in any jurisdiction in which such an offer and/or solicitation is not authorised, and/or to any person to whom it is unlawful to make such an offer and/or solicitation. Access to this site, and the offering of financial contracts via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions.
    You hereby declare that all funds invested by you in your account with the Company have been legally obtained by you and do not originate from any kind of illegal activity.

  4. Registration Information and Requirements

    When you register for the service, the Company will ask you to provide certain identification information ("Registration"). You agree to provide true, accurate, current and complete information about yourself during the Registration process, and you also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from the Company for any purpose. You further agree to maintain and promptly update the Registration data to keep it true, accurate, current and complete. During the Registration process you will be asked to choose a username and password that will be used by you every time you access the site to use the service. For your protection and that of other site users, you should not share your Registration information (including your password and username) with another person or business entity for any purpose including, but not limited to, facilitating access and unauthorised use of the service. You alone are responsible for all acts or omissions that occur within the site through the use of your Registration information.
    As a precondition for performing Transactions at the Site, Client may be asked to provide certain identifying documents and any other documents required by the Company. If such documents are not provided, the Company can, on its sole discretion, freeze the Client's Account for any period of time as well as to permanently close the Account. Without prejudice to the above, the Company may, at its sole discretion, refuse to open an Account for any person or entity and for any reason, or no reason.

  5. Risk Disclosure

    You agree to use the site at your own risk. Without limiting the foregoing, the services contained within this site are suitable only for individuals who are able to bear the loss of all the money they invest, and who understand the risks and have experience in taking risks involved in trading financial instruments and in general in the financial markets.
    The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with trading in options in general and in Binary and Pair Options in particular, and it is recommended you seek advice from an independent financial advisor.
    The Company does not provide a market amongst or between customers for investments or speculations. Each financial contract purchased by a customer via this site is an individual Agreement made between that customer and the Company, and is not transferable, negotiable or assignable to or with any third party. For more information please read our Risk Disclosure Notice

  6. IP Rights

    You acknowledge that all text, graphics, user interfaces, visual interfaces, trademarks, logos, and computer code (collectively "Content"), including but not limited to the design, structure selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the site are owned by us or by any applicable third party service providers selected by us providing us with all or part of the services, or providing you with access to the services, or their respective licensors, and are protected under copyright, trademark and other intellectual property laws and all other applicable laws, treaties and provisions. You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the site. You receive no copyright, intellectual property rights or other rights in or to the services, except those specifically set forth in this agreement.

  7. Disclaimer of Warranties

    WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE SELECTION, DESIGN, FUNCTIONALITY, OPERATION, TITLE OR NON-INFRINGEMENT OF THE SERVICES OR THE THIRD PARTIES' SERVICES, AND MAKE NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NON-INFRINGEMENT, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY WITH RESPECT THERETO. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE OR OTHER INJURY, WHETHER IN CONTRACT OR TORT, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY YOUR USE OF OR RELIANCE ON THE SERVICE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY REPRESENTATION THAT THE SERVICES WILL OPERATE UNINTERRUPTED, TIMELY, SECURE OR BE ERROR-FREE.

  8. Abuse of Our Site and Services

    You agree to be fully and personally liable for the due settlement of every transaction entered into under your account with the Company. You are responsible for ensuring that you alone control access to your account, and that no other person is granted access to trading on the site using your account. In any case, you alone remain fully liable for any and all positions traded on your account, and for any credit card or wire transfer transactions entered into the site for your account. You agree to indemnify the Company fully in respect to all costs and losses whatsoever as may be incurred by the Company as a result, directly or indirectly, of your failure to perform or settle such a transaction.
    You agree that in the case that any financial contract is acquired or sold at prices that do not reflect its market prices, or that is acquired or sold at an abnormally low level of risk (the "mispricing") due to an undetected programming error, bug, defect, or error in our site software or any other reason resulting in mispricing (for the purpose of this section the "error"), the Company reserves the right to cancel such transactions upon notifying you of the nature of the computer error that led to the mispricing. You have a duty to report to the Company any problem, error or suspected system or other inadequacies that you may experience.

    Any usage of third party trading software other than software that was authorized by the company or enabled through the company API is strictly forbidden and the Company reserves the right to cancel transactions that were executed through such unauthorized software.

  9. Compliance with Laws

    Your information and your activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe or misappropriate any third party’s intellectual property rights (including copyrights, patents, trademarks, and trade secrets) or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography (g) contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) create liability for the Company or cause the Company to lose (in whole or in part) the services provided herein.
    It is your sole responsibility to undertake any legal duty emanating from the use of the site.

  10. Amendments

    The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this site following the posting of changes will mean that you accept and agree to the changes.

  11. Trading Rescission

    Trading on the site or on part of it may be rescinded with no advanced notice. You will have no claim or right of indemnification for damages allegedly caused by trading rescission, whether for carried out transactions or for transactions allegedly intended to be carried out.

  12. Trading Cancellation

    The Company reserves the right in its sole discretion to refuse, cancel the services, and/or refuse to distribute profits to anyone for any legitimate reason including, but not limited to:

    • any instance when the Company has cause to believe that a person's activities on the site may be illegal;
    • any instance where the Company may suffer any fiscal, regulatory, or pecuniary disadvantage by virtue of anyone's activities;
    • any instance where one or more transactions on the site are judged by the Company to have been performed in violation of this agreement.

  13. Information and Data

    With respect to any Market Data (including but not limited to stock and index prices, financial market data, quotes, news, analyst opinions and research reports, graphs or data) or other information that we or any third party service provider provide to you in connection with your use of the site, (i) such data or information is not intended as investment advice and the Company does not endorse or approve the Market Data, and we make it available to you only as a service for your own convenience, (ii) we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect; (iii) we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information; (iv) such data or information is proprietary to us and/or any such provider and you will not retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as required by applicable regulations; and (v) you will use such data or information solely in compliance with the applicable regulations. Market Data may quickly become unreliable for various reasons including, for example, changes in market conditions or economic circumstances. We are not obliged to continuously update the Market Data on the site and may remove the data from the site from time to time with no time limit and without advanced notice. It is your duty to verify the reliability of the information on the site and its appropriateness to your needs in comparison with other reliable sources of information.
    You approve and agree that any oral or written information given to you by us, if given, in respect of your account might be incomplete and unconfirmed and any reliance on the information aforesaid is at your sole risk and responsibility. We do not give any warranty, neither explicit nor general, that pricing or other information supplied through our site or through phone or through any other form is correct or that it reflects current market conditions.

  14. Records

    Our records, unless shown to be wrong, will be evidence of your dealings with us in connection with our services. 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. You will not rely on us to comply with your record keeping obligations, although records may be made available to you on request at our absolute discretion.

  15. Limited Licence

    The Company grants you a non-exclusive, non-transferable and limited personal licence to access and use its site (the "licence"). This licence is conditioned on your continued compliance with the terms and conditions of this agreement.
    We may provide certain portions of the services under licence from third parties, and you will comply with any additional restrictions on your usage that we may communicate to you from time to time, or that are otherwise the subject of an agreement between you and such licensors.
    We are providing the services to you only for your personal use. You agree not to "deep-link" to the site, resell or permit access of the site to others, and not to copy any materials appearing on the site for resale or for any other purpose to others without the prior written consent of the Company.
    You agree to use the information received from the information systems of the Company for the sole purpose of executing transactions inside and within the Company's site.
    You further agree not to use any electronic communication feature of a service on the site for any purpose that is unlawful, tortuous, abusive and intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.
    The licence granted under this agreement will terminate if the Company believes that any information provided by you, including your email address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of these terms of use and all rules and guidelines for each service or the Company establishes that you have abused in any way (including but not limited to engaging in a transaction out of market rates) the Company's trading services.
    Upon such violation, you agree to cease accessing the site and our services. You agree that the Company, at its sole discretion and with or without notice, may terminate your access to any or all of our services, close your open transaction and remove and discard any information or content within our services.

  16. Limitation of Liability

    YOU UNDERSTAND AND AGREE THAT THE COMPANY AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES (COLLECTIVELY "AFFILIATES") WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR: (A) ANY LOSSES ARISING OUT OF OR RELATING TO A CAUSE OVER WHICH THE COMPANY OR ITS AFFILIATES DO NOT HAVE DIRECT CONTROL, INCLUDING BUT NOT LIMITED TO THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECTED PROBLEMS, UNAUTHORISED ACCESS, THEFT, OPERATOR ERRORS, GOVERNMENT RESTRICTIONS, FORCE MAJEURE (E.G., EARTHQUAKE, FLOOD, SEVERE OR EXTRAORDINARY WEATHER CONDITIONS, NATURAL DISASTERS OR OTHER ACTS OF GOD, FIRE, ACTS OF WAR, TERRORIST ATTACKS, INSURRECTION, RIOTS, STRIKES, LABOUR DISPUTES OR SIMILAR PROBLEMS, ACCIDENTS, ACTIONS OF GOVERNMENT, COMMUNICATIONS, SYSTEM OR POWER FAILURES AND EQUIPMENT OR SOFTWARE MALFUNCTIONS), EXCHANGE OR MARKET RULINGS OR SUSPENSION OF TRADING; OR (B) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR TRADING LOSSES) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE), EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

    THE LIABILITY OF THE COMPANY AND ITS AFFILIATES TO YOU OR ANY THIRD PARTIES IN ANY PROVEN CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT AT THE COMPANY IN RELATION TO THE TRANSACTION GIVING RISE TO SUCH LIABILITY.

    By accessing and using the site, you expressly agree that the limitations on the Company's liability contained in these Terms of Use are reasonable and constitute a material inducement to the Company providing the Software, the use of the site and the services provided thereunder, without which the Company would not provide the Software, the use of the site and the services provided thereunder.

  17. Indemnity and Rights of Set-off

    You hereby agree to indemnify and hold the Company and its Affiliates harmless from and in respect of any loss, damage, liability, cost or expense (including reasonable attorney's fees) that it may suffer or incur by reason of you failing to discharge your obligations under or acting in breach of any of the terms and conditions herein contained, as a result of any breach of any applicable laws or regulations and/or as a result of the Company's need to enforce such liabilities. In the event that there is any such liability to the Company or any of its Affiliates under the indemnity provisions of the clause hereinabove, the Company shall have the right to set-off that amount against any balance held to the credit of the account opened by you with the Company.

  18. Tax

    You know, understand and agree that, the Company does not collect tax on behalf of any authority in any form or manner. Without limiting the foregoing, it is your obligation alone to calculate and pay all taxes applicable to you in your country of residence, or otherwise arising as a result of your trading activity from the use of the site.
    Without derogating from your sole and entire responsibility to perform tax payments, you agree that the Company may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with the Company. You are aware that amounts that may be withdrawn by you from your account are "gross amounts", from which the Company may deduct such taxes, and that you shall have no claim towards the Company with regard to such deductions.

  19. Software

    You acknowledge and agree that the Company makes no warranty whatsoever that any software (the "Software") downloaded onto your computer equipment from or through the website or elsewhere will be compatible with, or operate without interruption on, your computer equipment, nor does the Company warrant that the Software is or will be uninterrupted, error free or available at all times. You further understand and agree that your download and/or use of the Software may expose you to risks associated with the download and/or use of software that may not be compatible with your computer equipment. You hereby agree to accept such risks, including, but not limited to, failure of or damage to, hardware, software, communication lines or systems, and/or other computer equipment. The Company expressly disclaims any liability with respect to the foregoing, and you hereby agree to fully indemnify, defend and hold the Company harmless from any and all damages, liabilities, losses, costs and expenses that may arise therefrom.

  20. Technical Issues

    The Company shall not be liable, and you agree not to hold or seek to hold the Company or any of its agents or service providers liable, for any technical problems, system failures and malfunctions, communication line failures, equipment or software failures or malfunctions, system access issues, system capacity issues, high Internet traffic demand, security breaches and unauthorized access, and other similar computer problems and defects. The Company does not represent, warrant or guarantee that you will be able to access or use the site at times or locations of your choosing, or that the Company will have adequate capacity for the site as a whole or in any geographic location. The Company does not represent, warrant or guarantee that the website will provide uninterrupted and error-free service. The Company does not make any warranties or guarantees with respect to the site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.

  21. Refunds and Withdrawals

    Given the nature of the service given in provision of a trading platform, once you affect a purchase using the platform, the service has been provided and cannot be reversed.
    Without derogating from the above and subject to the foregoing limitations, where a withdrawal is affected, the Company will refund the deposit made by credit card or wire to the same credit card or the same bank account where the wire has been originated from. To affect the refund you should notify us in writing that you wish to do so and affecting a withdrawal of the deposit amount. The execution is subject to sufficient funds as a free balance in your account and the provision of documentation or any other type of client authentication as may be required from time to time by Anti Money Laundering (AML) regulations, Credit Card companies and the Company. The Company reserves the right to refund your deposit by different means in accordance with your type of card and/or Company's internal regulations Exchange rate and other fees charged by Credit card companies/Banks may be deducted from the original amount by the Credit card companies/banks and will not be assumed by the Company.

  22. Special Offers, Bonus and Cashback

    Benefits and Bonuses may be offered by the Company from time to time, and shall be credited to the client's account subject to the terms of the offer made to the client, e.g. making minimum deposits and/or executing certain trade volume within a specified time period. Unless mentioned otherwise, all special offers will be valid for a maximum period of 4 months and are subject to the Company’s Bonus & Promotion Terms and the client is encouraged to read the terms of the offer before accepting it.

    The Company reserves the right to revoke the bonus/benefit should the special offer be abused and/or should the offer terms fail to be met. The Company's decision - should this be the case - shall be final. The Company reserves the right to revoke or change the offers at any time without prior notice.

  23. Modifications to Service

    The Company reserves the right to suspend the operation of this site or any part or sections of it, with or without notice. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the service. In such an event, the Company may, at its sole discretion (with or without notice), close out the customers' open financial contracts at prices it considers fair and reasonable at such a time and no claims may be entertained against the Company in connection thereto.

  24. Termination and General Information

    The Company may exercise full discretion in modifying or discontinuing any part or whole of this agreement, including without limitation, the terms and conditions contained in the links provided under this agreement, at any time without cause or prior notice.
    You agree that the Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, for any reason, including, without limitation, for lack of use or if the Company believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. You agree that any termination of your access to the service under any provision of this agreement may be effected without prior notice, and acknowledge and agree that thereof, with or without notice may immediately deactivate or close your account and all related information and files in your account and/or bar any further access to such files or the Service. Furthermore, you agree that the Company will not be liable to you or any third-party for any termination of your access to the Service.
    The Company is entitled to freely assign its rights and/or liabilities according to the Terms of Use. You may not assign your rights and/or liabilities unless a prior written consent to that effect was given by the Company, and whether or not such consent shall be given is at the Company's sole discretion.
    The failure of the Company to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision.
    If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
    You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

  25. Anti Money Laundering Regulations

    You declare strict abidance to AML (Anti Money Laundering) regulations. You agree that the Company may implement regulations and procedures to adhere to AML regulations at its sole discretion. Credit card deposits should be made only from personal (non corporate) credit cards registered under your name. Refunds and withdrawals will be executed only to the credit card from which the funds were originally deposited from. The Company at its sole discretion shall have the right to pay amounts above the original deposit to a bank account in your name and held in your country of domicile.
    Corporate credit cards will not be accepted.
    Depositing by wire shall be made only from a bank account in your country of domicile and from an account in your name. Refunds and withdrawals in case of a deposit by wire shall be executed to the same account where the deposit has originally been wired from.

  26. Privacy Policy

    Certain information about you is subject to our Privacy Policy. For more information please see our Privacy Policy

  27. Trading Rules

    Trading rules and the manner of calculating the Transactions' start, expiration and performance rates of indexes, stocks, commodities which are offered on the site may change from time to time at the Company's sole discretion. Client undertakes to continuously be updated on the manner of aforesaid calculation as appear in the Trading Rules.

    Subject to market conditions, orders given by the Trade Control system shall be executed at the first tradable rate that provides a payout equals to or above the payout that was indicated by the client as upper limit, or at the first tradable rate that provides a payout equals to or below the payout as was indicated by the client as lower limit. Trade Control orders will be executed on during Stockpair trading hours and according to Stockpair trading rules, specifically, Trade Control orders will not be executed after one hour and ten minutes before expiry of the option. Due to the nature of the financial markets, the movements of assets are not always continuous and might move considerably during a trading session or after the trading hours of the exchanges.

    For more information regarding our trading rules please see our Trading Rules page.

  28. Dormant Account Procedure

    You acknowledge and confirm that any trading account held with the Company in which you have not placed a trade within the last 3 months, shall be classified by the Company as an Inactive Account. You further acknowledge and confirm that the Company reserves the right to charge such Inactive Accounts with a maintenance fees as follows: 50 USD/GBP/EUR per month (according to the account currency) and where no trade has been placed in the last 12 months 150 USD/EUR/GBP per month (according to the account currency). You further agree that any Inactive Accounts, having zero balance/equity, shall be considered as Dormant Accounts and may also be closed as well as subject to cancellation of existing and/or unused Bonuses. For the reactivation of an Inactive and/or Dormant Account you must contact the Company. The Inactive and/or Dormant Account will then be reactivated subject to, if required, up-to-date client identification documentation to be provided to the Company.

  29. In addition to the above the following shall also be applicable when engaging into trading over-the –counter contracts for differences (“CFDs”) and foreign exchange contracts (‘FX Contracts”);

    1. DEFINITIONS – INTERPRETATION

      Contract for Differences or CFDs shall mean the Financial Instrument which is a contract between the parties (typically described as “buyer” and “seller”), stipulating that the seller will pay to the buyer the difference between the current value of an Underlying Asset and its value at a future time; if the difference is negative, then the buyer pays instead to the seller.

      “Difference” shall mean in an FX and CFD the difference in price upon the opening of a Transaction and the closing of such Transaction.

      “Forex Contract” or “FX” shall mean the type of CFD where the Underlying Asset is a Currency Pair. Hence, any mention to CFDs in this Agreement also covers FX Contracts. So, although, FX Contracts are included in the definition of CFDs, they may be mentioned separately in this Agreement and/or on the Company Website and various Company policies.

      “Leverage” shall mean the percentage required to open a transaction. For example 1:200 Leverage means that in order to open a position the required margin is 0.5% of the transaction size.

      “Long Position” for FX and CFD trading shall mean a buy position that appreciates in value if underlying market prices increase. For example, in respect of Currency Pairs: buying the Base Currency against the Quote Currency.

      “Margin Call” shall mean a demand by us to increase the amount of funds in your trading account to satisfy the required margin requirements, from time to time at our sole and absolute discretion to include any requirement to cover any overnight fees in order to avoid any open position being closed. “Market Order” shall mean Orders which are executed at the best available market price.

      “Quote Currency”shall mean in an FX Contract the second currency in the Currency Pair which can be bought or sold by the Client for the Base Currency.

      “Required Margin” shall mean the minimum amount of money required in your Trading Account in order to open a Transaction, as specified on the Trading Platform for each specific Underlying Asset.

      “Slippage” shall mean the difference between the expected price of a Transaction in a CFD or Binary Option, and the price the Transaction is actually executed at. At the time that an Order is presented for execution, the specific price requested by the Client may not be available; therefore, if the execution price is better than the price requested by the Client, this is referred to as positive slippage. If the executed price is worse than the price requested by the Client, this is referred to as negative slippage. Slippage often occurs during periods of higher volatility (for example due to due to news events) making an Order at a specific price impossible to execute, when market orders are used, and also when large Orders are executed when there may not be enough interest at the desired price level to maintain the expected price of trade.

      “Spread” for FX and CFD trading shall mean the difference between Ask and Bid of an Underlying Asset in a FX and CFD at that same moment.

      “Underlying Asset” shall mean the object or underlying asset in a CFD which may be Currency Pairs (for FX Contracts), Equity Indices, base or precious Metals, Forwards, Commodities, Stocks, Shares Indices and Futures. It is understood that the list is subject to change and Clients must refer each time on the Trading Platform.

      “Underlying Market” shall mean the relevant market where the Underlying Asset is traded such as securities or futures exchanges, clearing houses, self-regulatory organizations, multilateral trading facilities or alternative trading systems for Financial Instruments or Underlying Assets.

    2. ORDERS – INSTRUCTIONS AND BASIS OF DEALINGS

      You acknowledge that all of our prices and Quotes shown on the Trading Platform are the ones provided by the Company’s Execution Venue. The Execution Venue obtains prices (BID and ASK prices) of the Underlying Asset for a given CFD from third party reputable external reference sources (i.e. price feeders). The Execution Venue then uses these prices to calculate their own tradable prices for a given CFD and provide them to the Company.

      You acknowledge that the Trading Platform is independent of any Underlying Markets and we are under no obligation to quote a particular price or follow the trading rules consistent with such Underlying Markets. You further acknowledge that the triggering of your Order is linked to the prices quoted on the Trading Platform, not the prices quoted elsewhere on the relevant Underlying Markets and the Company does not guarantee that when executing an Order its price will be more favourable than one which might be available elsewhere. In determining whether the prices quoted on the Trading Platform reach or exceed the price accepted by us in a Transaction, we will be entitled (but not obliged), in our absolute discretion, to disregard any prices quoted on our Platform during any pre-market, post-market or intra-day auction periods in the relevant Underlying Markets, during any intra-day or other period of suspension in the relevant Underlying Markets, or during any other period that in our reasonable opinion may give rise to short-term price spikes or other distortions. Our prices may differ from the current prices on the relevant Underlying Markets and you acknowledge that a Transaction may be triggered even though:

      • an Underlying Market never traded at the level of your Transaction; or
      • the Underlying Market did trade at the level of your Transaction but for such a short period that it would have been impractical to execute an equivalent transaction on the Underlying Markets

      In order to open a Transaction in an FX and CFD on the Trading Platform, you must either open a Buy or a Sell, at the price quoted by the Trading Platform at the time of such Transaction. In order to close a Transaction, you must either offer to sell (in the case of a Buy), or purchase (in the case of a Sell), the Underlying Asset covered by such open Transaction, at the price quoted by the Trading Platform at the time of such closing offer. Transactions or open positions cannot be transferred to other FX and CFD providers or their platforms. Full details of our Best execution Execution Policy can be found on the Website.

      The Trading Platform will provide a Buy quote and a Sell quote for each Underlying Asset traded on the Trading Platform. You acknowledge that upon opening a Buy or closing a Sell, you may only do so at the price quoted by the Trading Platform to purchase such Underlying Asset. You further acknowledge that upon opening a Sell or closing a Buy, you may only do so at the price quoted by the Trading Platform for such Underlying Asset.

      Orders can be placed and (if allowed) changed within the Trading Hours for each type of FX and CFD appearing on the Company’s Website, as amended from the Company from time to time. The Client agrees that the Orders to open a position if accepted by the Company outside the Trading Hours may not be capable of execution should the market not trade at the price stipulated once Trading Hours commence. The client further agrees that Orders to open a position where the Company may not be capable of execution due to a technical error the Client shall be informed of a technical error and the trade will be cancelled.

      Market Orders not executed because there is not enough volume to fill them, will not remain effective and will be cancelled.

      Orders shall be valid in accordance with the type and time of the given Order, as specified by the Client. If the time of validity of the Order is not specified, it shall be valid for an indefinite period. However, the Company may delete one or all Orders if the Trading Account Equity reaches zero.

      Stop loss and Take Profit orders may be changed as long as they are higher in distance than a specific level (depending on the trading symbol).The Client acknowledges and agrees that due to market volatility and factors beyond its control, the Company cannot guarantee that an Order will be executed at the level specified in the Client Order, for example, an Order may be closed at a worse price than as originally specified by the Client in such an Order. In such an event, the Company will close the Transaction at the next best price. For example, with respect to a Stop Loss, in the case of a Buy to close, the price of an Underlying Asset of such Order may suddenly increase above the Stop Loss price, without ever reaching such price. In the case of a Sell Stop Loss, the price of an Underlying Asset of such Order may suddenly decrease below the Stop Loss price, without ever reaching such price.

      With respect to a Take Profit where the price for an Underlying Asset moves to the Client’s advantage (for example, if the price goes down as the Client Buys or the price goes up as the Client Sells), the Client agrees that the Company can pass such price improvement on to the Client.

      In the event that the Company is unable to proceed with an Order, with regard to price or size or other reason, the Company not send a re-quote to the Client (with the price it is willing to deal until the price the Client asks is available). The Order will be rejected and the Client will need to place another Order.

      Stop and Limits

      The Client agrees that placing a Stop Loss Order will not necessarily limit losses to the intended amounts, because market conditions may make it impossible to execute such an Order at the stipulated price and the Company bears no responsibility whatsoever.

      Expiry Transactions

      We may, in our sole and absolute discretion, set an Expiry Date and time for a specific Instrument.

      In the event we set an Expiry Date for a specific Underlying Asset, it will be displayed on the Trading Platform in the details link for each Underlying Asset. It is your responsibility to make yourself aware of the Expiry Date and time.

      If you do not close an open Transaction with respect to an Underlying Asset which has an Expiry Date, prior to such Expiry Date, the Transaction shall automatically close upon the Expiry Date. The Transaction shall close at a price which will be the last price quoted on the Trading Platform immediately prior to the applicable Expiry Date and time.

      Spreads

      All FX and CFDs available with the Company have spreads which appear on the Trading Platform and/or the Website. The Company has the right to amend its spreads in its discretion from time to time. Such changes shall be effected on the Trading Platform and/or the Website and the Client is responsible to check for updates regularly.

    3. TRADING RULES AND PRICING

      Trading Hours

      Regular Trading Hours: Regular trading hours may change depending on a number of factors, such as acts of force majeure and extraordinary market conditions affecting the liquidity providers’ alignment with the market.

      Special / Public Holiday Trading Hours: Special trading hours set out the period where financial product trading may be affected in a specific market due to Public Holidays.

    4. SETTLEMENT OF TRANSACTIONS

      The Company shall proceed to a settlement of all transactions upon execution of such transactions. Acquisition of a financial contract is completed when the financial contract has been customized, the premium (or the margin/leverage/renewal fees, as the case may be) has been calculated and payment has been verified. You agree to be fully and personally liable for the due settlement of every transaction entered into under your account with the company.

    5. COMPANY LIABILITY AND INDEMNITY

      You further acknowledge that you are responsible for reviewing the expiration dates for all financial products offered which are located on the Company’s official website.

    6. ACKNOWLEDGEMENT OF RISKS

      You are aware and acknowledge that there is a great risk of incurring losses and damages as a result of the investment activity (purchase and/or sale of Financial Instruments) through the Company and the Company’s Trading Platform and accept that you are willing to undertake this risk upon entering into this business relationship.

      The maximum loss that may be incurred by any customer is the amount of money paid by them to the Company including any margin applied to a trade and any applicable fees.

    7. MARGIN REQUIREMENTS AND MARGIN CALL

      In order to open a Position for an Underlying Asset, you undertake to provide the Required Margin in your Trading Account. Margin Requirements are available at the Platform. You acknowledge that the Margin for each Underlying Asset differs. Deposits into your Trading Account can be made by wire transfer or another method of payment, to a bank account, or other location, as we may notify to you from time to time. Based on the amount of money you have in your Trading Account, we retain the right to limit the amount and total number of open Transactions that you may wish to open or currently maintain on the Trading Platform. It is understood that each different type of Trading Account offered by us from time to time may have different Margin Requirements.

      It is your responsibility to ensure that you understands how Margin Requirements are calculated.

      Unless a Force Majeure Event has occurred, the Company has the right to change the Margin requirements, giving to the Client five (5) Business Days Written Notice prior to these amendments. New Margin Requirements shall be applied for new positions. The Company has the right to change Margin requirements without prior notice to the Client in the case of Force Majeure Event. In this situation the Company has the right to apply new Margin requirements to the new positions and to the positions which are already open where this is deemed necessary. All changes shall be effected on the Platform and/or the Website and the Client is responsible to check for updates. It is the Client’s responsibility to monitor at all times the amount deposited in his Trading Account against the amount of any Margin required under this Agreement and any additional margin that may become necessary. The Client agrees that during an open trade, where the Company is not able to update any new margin requirement request from the client then any changes made to the margin by the client shall be reversed back to the original margin requirement set by the client.

      You are aware and acknowledge that we may, in our sole discretion, require you to take certain action in your Trading Account pursuant to a Margin Call. A Margin Call may be based upon a number of factors, including without limitation, your overall position with us, your account size, the number of open Transactions you have, volume traded, your trade history and market conditions.

      The Company shall not have an obligation to make any Margin Call to the Client but in the event that it does, or in the event that the Trading Platform warns the Client that it reached a certain percentage of the Margin in the Trading Account, the Client should take any or any of the following options, within a short period of time, to deal with the situation:

      • Limit his exposure (close trades); or
      • Deposit more money in his Trading Account.

      Failure to meet the Margin Requirements at any time or failure to take an action under the preceding paragraph of this Agreement, gives us the right in in our sole discretion, to close any and all of your Open Positions whether at a loss or a profit without further notice to you. It is your responsibility to monitor, at all times, the amount deposited in your Trading Account against the amount of Margin required as a result of your trading decisions and it is understood that the Company has the right to take the actions of this paragraph, even if a Margin Call is not made.

      Margin shall be paid in monetary funds in the Currency of the Client Account.

      The Client undertakes neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the Margin transferred to the Company.

    8. MISQUOTES / MISPRICING

      It is possible, but extremely rare, that a transaction may be performed on a wrong price due a miss-quote price feed from any of our third party liquidity providers or through an unexpected technical fault. Equally, there may be delays due to internet connection or occasions where a position is opened or closed based on latent prices that do not reflect the correct market prices at the time of transaction, resulting in an inaccurate profit or inaccurate loss.

      Such events may affect your transactions and our business. In this case, we will take all the necessary measures, immediately, to remedy and rectify the situation, as it is fair and suited to each case. Remedies include correcting deal entry prices or exit prices according to the correct market rates at the time of transaction. We may need to cancel any transaction(s) which are executed wrongly due to the ‘price misquote’, for example from pre-set limit/pending orders been triggered due to mispricing. We make our best efforts to contact and inform you for our actions, by telephone or by e-mail.

    9. UNAUTHORISED ACTIVITY

      It is not permitted to use the services of the Company for an activity that is not authorised. In using the services of the Company, you agree and acknowledge that you will not use our products and services for any Unauthorised Activity. Descriptions of unauthorised activities are listed below.

      ‘Unauthorised Activity’ means any act, including but not limited to:

      Arbitrage. Arbitrage describes any trading result that is the outcome of actions that either eliminate the risk totally or significantly, usually abusing features provided by the Company.

      Hedging in bad faith. Hedging is a strategy used in limiting or offsetting probability of loss from fluctuations in the prices of commodities, currencies, or securities. In effect, hedging in bad faith is the employment of various techniques but, basically taking equal and opposite positions in the same Financial Product or a Financial Product highly correlated at near the same time, indicating no interest in genuine trading. This can happen over a single account or over multiple accounts.

      Trading on off-market quotes. It is not permitted to conduct an activity involving the purchase of Financial Products of any price other than the market price at that instant.

      Churning. Churning means excessive trading aiming to generate commissions. While there is no quantitative measure for churning, frequent buying and selling of securities that does little to meet the client's investment objectives may be construed as evidence of churning.

      News Gap and Break Gap Trading Abuse. All products observe a break either intraday, daily or weekly. It is the norm that the last price before the break and the first price after the break to be significantly different. This difference, also known as a ‘gap’, means there is no market (no tradable prices) in that range. A gap can also be the outcome of news release. The Company is proud to offer a guaranteed stop loss, take profit, pending order execution and negative balance protection to protect and enhance the trading of its clients. Nonetheless, it is prohibited to use these features in bad faith. Examples where these features are used in bad faith are:

      (i) Positions opened minutes or even seconds before the break or news release, in an attempt to generate profits without the risk of market moves.

      (ii) Positions that are large enough compared to the balance of the account, in an attempt to either generate profits or end up in a negative balance, which the company pays on your behalf.

      (iii) Simultaneous positions in the opposite direction (pending or marker orders), indicating no interest in the market direction but interested in generating profits due to the guaranteed stop loss and/or negative balance.

      Multiple Account Operation. Clients may not trade using the accounts of others or allow others to trade using their account. Evidence of this activity includes:

      1. accounts operating from the same location,

      2. using/indicating the same IP address,

      3. multiple accounts displaying the same deposit and withdrawal patterns,

      4. accounts showing similar or identical trading patterns. Where this activity is discovered, the Company reserves the right to close the affected accounts and all related open trading positions.

      The Company reserves the right to take the appropriate action in circumstances where the terms and conditions of this agreement have been breached. The consequences of breaching one or more of the conditions, deemed as ‘unauthorized activities’, could mean the suspension or closure of trades, the return of funds, and/or the suspension or closure of your account

NXB Financial Services Limited
5 Cork St., Belize City,
Belize
Regulated by IFSC, License No. IFSC/60/346/TS/14



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