Sporazum o OTC finansijskim transakcijama

//Sporazum o OTC finansijskim transakcijama
Sporazum o OTC finansijskim transakcijama 2018-07-26T15:26:58+00:00

Please see below for Fort Securities’s Agreement for OTC financial transactions. You can review these directly here

AGREEMENT FOR TRANSACTIONS WITH NON-DELIVERABLE OVER-THE-COUNTER FINANCIAL INSTRUMENTS

This agreement for performing transactions with non-deliverable OTC financial instruments (hereinafter — the Agreement) posted on the website of Fort Securities BLR LLC, (hereinafter — the Forex Company), at www.fortrade.by, is a public offer, i.e. the offer from the Forex Company to any person that refers to it (hereinafter — the Client) to enter into the Agreement.

The Forex Company shall deem to have entered into the Agreement with the Client on the terms established by this public offer, when the Client responds to this offer, that is, accepts it under the conditions and in the order specified below.

The Agreement between the Forex Company and the Client is deemed concluded at the moment of acceptance of this public offer by the Client. The acceptance includes two consecutive actions:
– reading and agreeing to the terms of this Agreement by ticking “I have read the Agreement and accept its terms and conditions” during the registration procedure on the official website of the Forex Company;
– depositing the margin funds into personal trading account via funds transfer to the Forex Company account and/or placing an Order with Forex Company or otherwise using Forex Company’s Services following receipt of this Agreement.

The terms and definitions used in the Agreement are used in the meanings defined in the Terms and conditions for transactions with non-deliverable OTC financial instruments (hereinafter — the Terms and Conditions).

The Client hereby acknowledges it has read and accepts Terms and Conditions as published on the Forex Company’s official website.

1. The Forex Company undertakes to perform, on its own behalf and at its own expense, by means of communicating with the Client via the Internet and (or) by using other technical means, the transactions with non-deliverable over-the-counter financial instruments initiated by the Client (hereinafter — Transactions), observing the terms of this Agreement, internal regulations of the Forex Company and the legislation of the Republic of Belarus regulating the activities of the Forex Company.
2. The Client undertakes to transfer to the personal trading account and maintain the required level of margin funds, the amount of which will enable the initiation of operations, maintenance of open positions, repayment of a possible negative price difference for the underlying asset on performed transactions, payment of Forex Company’s fees and fulfillment of other obligations under this Agreement.
3. Client agrees to pay the Forex Company fees for the provision of services under this Agreement in the amount stipulated by chapter VII of this Agreement.
4. Information on quotes for the underlying assets is provided by the Forex Company to the Client automatically by displaying them in the trading platform on the basis of data received from the liquidity provider.
5. No interest shall accrue on margin funds (balance in the trading account). However, The Client is obliged to pay interest on any outstanding amounts on the Client Account at such rate as may be notified via the Online Platform, from the date payment was due until the payment is received by the Forex Company.
6. Transactions, performance of which is provided for by this Agreement, can be performed with the use of leverage.
7. The payment of natural person’s income tax, VAT and all other applicable taxes and duties shall be done in accordance with the legislation of the Republic of Belarus, and is the sole responsibility of the Client.
8. The Client shall perform transactions exclusively at their discretion, based on personal experience and investment strategy, understand the risk-bearing nature of the transactions, where profit-making is inseparably linked to loss-making, and shall bear full responsibility for the result of these transactions in case of proper execution by the Forex Company.

1. The Client’s trading account is opened with a zero balance and the Client must deposit margin funds to be able to start trading. When opening the first account, the Client will receive an email with their personal login details.
10. In order to deposit funds into the trading account, the Client must go to Personal Account, select “Funds” and go to subsection “Deposit funds and select the preferred deposit method prompted by the Personal Account (account replenishment methods and conditions are described in detail on the official website under “Accounts”, subsection “Deposit/Withdrawal”). After choosing the top-up method, the Client needs to use the Personal Account dashboard to select the trading account to be replenished, the payment instrument (a specific credit card or bank account saved in the Personal Account), and click “Continue”. Next, one needs to enter the deposited amount and currency, and click “Continue”. A message will appear on the screen confirming successful processing of the payment.

11. Client agrees that all fees and other costs of third parties (such as banks, payment processors, etc.), connected with the chosen method of account deposits, shall be at the expense of the Client. The Forex Company does not charge fees for crediting funds to the Client’s trading account.
12. The Forex Company shall credit all funds received to the Client’s trading account as soon as practicable. The Client agrees that Forex Company bears no responsibility for the timing of payments, which are serviced by third parties, and the circumstances that led to a technical failure when making a transfer if they occurred through no fault of the Forex Company.
13. The Client’s trading account is kept in US dollars, Euros and UK GBP, and in the case of the account deposits in a different currency, the amount is converted into the currency of the trading account at a rate determined by the Forex Company.
14. The Forex Company shall not accept payments from third parties. The funds can be transferred only from accounts registered in the same name as the trading account. In case of funds sent to the Client’s trading account by a third party, the Forex Company will reject the payment, refund it, and shall not be liable for fees of third parties.
15. The trading platform keeps real-time record of the Client’s margin funds (balance), which was formed as a result of all of completed transactions, and displays the amount (funds), which reflects the current status of the trading account with the regard to all open positions. These parameters are shown in the Client’s personal account. History of transactions and information about their result can be obtained in the trading Platform.
16. The positive price difference, which was formed as a result of the transitions performed by the Client, is automatically credited to the Client’s trading account balance and can be withdrawn by the Client upon receipt of the corresponding order by the Forex Company.
17. The margin funds are refunded on the basis of an order formed by the Client in the personal account or according to a withdrawal request sent by the Client in an email to support@fortrade.by as follows:

17.1. in personal account select “Funds”, subsection “Withdrawal” and select the preferred method of withdrawal. The credit card or the bank account must be registered with the Client;
17.2. choose the trading account, enter the amount to be withdrawn from the account and submit the request. The Client can only withdraw the amount that is available in their trading account at the time of the request and is not used for maintaining open positions. The size of margin funds will be reduced by the withdrawn amount;
17.3. The Forex Company will receive the request and process it within one business day. All requests for withdrawals are processed on the same day or the next business day if received after close of business or on the weekend. After the request is processed, the timing of receiving funds depends on the chosen withdrawal method.
18. Forex Company makes payments only to the accounts and credit cards owned by the Client.
19. The pay-out us done in the trading account currency. If the account currency is different from the currency of payment, the refunded amount will be converted at the exchange rate determined by the Forex Company.
20. Client understands and agrees that all fees and other costs of third parties, associated with the withdrawal from the trading account, shall be at the expense of the Client. The Forex Company does not charge any fees for refunds and withdrawals.

21. The leverage for transactions, established for Clients, can range from 1:1 to 1:500, depending on the Client category and the selected financial instrument.
22. At the time of entering into the Agreement, all Clients are automatically classified under the “Client” category, for which the maximum leverage is set at 1:100. While being serviced, the Client can themselves adjust the leverage range from 1:1 to 1:100, as is most preferable for performing transactions.
23. The Client can also be classified as “Professional Client” or “Qualified Client” in case of meeting one of the criteria specified in Terms and Conditions for transaction by submitting to the Forex Company a corresponding free-form signed request. For the “Professional Clients” the maximum leverage is set at 1:500. For the “Qualified Clients” the maximum leverage is set at 1:200.
24. Information about the leverage size established for each instrument is posted on the official Forex Company website and in Client’s personal account.
25. The Forex Company has the right to unilaterally change the leverage size for financial instruments with prior notification to Clients by posting information on the official website and/or sending messages. Changes of the leverage apply to open positions and newly opened positions.

26. Information on prices for underlying assets (quotations) is obtained by the Forex Company from the liquidity provider specified in paragraph 9 of the Terms and Conditions for transactions.
27. Quotes are broadcast in the trading platform and are displayed in real-time, are the same for all Clients and are the best Ask and Bid price offer quoted by the liquidity provider.
28. The Forex Company executes Clients’ orders to fix the price of the underlying asset at best terms available at the given time.

29. Initiating operations (issuing orders fix the price of the underlying asset), receipt and processing of Client orders is performed automatically once the Client performs the necessary actions in the trading platform. The Client logs into the trading platform using their personal login and password details.
30. In case of technical issues or other circumstances rendering issuing orders through the trading platform impossible, the Client may issue orders by phone to Forex Company staff in accordance with the Terms and Conditions. Fixing the price of the underlying asset at the Client’s order can be done only at the current price, broadcast in the trading platform at the time of the Forex Company staff performing the necessary actions for the execution of the order.
31. Information on the Client’s orders is retained on the Forex Company server and is available to the Client around the clock in personal under “Funds”, subsection “Transaction History”, which also shows the result of the operations.

32. If in the course of the transactions the margin funds in the Client’s trading account cease to meet the margin requirements (the “stop out” level is reached), stipulated in the Terms and Conditions, the Forex Company shall automatically forcibly close the open positions starting from the position with the largest negative difference at current quotes broadcast in the trading platform.
33. For avoidance of any doubt, the Client is required to maintain sufficient level of Margin Deposit (as determined by the Forex Company at its sole discretion) in its Client Account at all times. The Forex Company reserves its full rights to close out all or any Open Positions:
– if at any time the margin funds held by the Forex Company are approaching or are no longer sufficient to cover the negative mark to market value of any or all open positions that the Client has with the Forex Company; or
– if the Forex Company believes that the Client may not be able to pay to the Forex Company any amount when due or that the Client may be or become insolvent or bankrupt (as applicable).
34. The Forex Company shall have the right, at its sole discretion, to determine the mark to market value of any open position from time to time.
35. The Client shall monitor its balance in the Client account and on Online Platform and ensure that it maintains a sufficient margin funds.
36. In addition to other remedies available to the Forex Company, if the Client fails to pay an amount when due under this Agreement, the Forex Company has the right to close out or terminate (by either buying or selling) any or all of the Client’s open positions.

37. The Forex Company’s charges and rates (including interest rates) in relation to the matters set out in this Agreement are as provided via the Online Platform and/or the Investment Company’s official website. Such charges and rates may be subject to change without notice. In addition to such charges and rates, the Client shall be obliged to pay all applicable VAT and other taxes, storage and delivery charges, exchange and clearing house fees and all other fees incurred by the Forex Company in connection with any trade and/or in connection with maintaining its relationship with the Client.
38. Forex Company shall additionally be entitled to demand that other extraordinary disbursements and expenses caused by the Client’s non-performance are paid separately by the Client.
39. Forex Company remuneration may consist of one or more of the following items:
39.1. as the difference in opening and closing quotes (spread). The spread values are communicated in the trading platform and are measured in points;
39.2. The fee for transferring an open position into the next day (swap). This fee rate is specified for each financial instrument individually and posted on the Forex Company website as well as communicated in the trading platform. The process of transfer an open position is described on the Forex Company’s official website.
40. The Forex Company shall also charge a fee for managing inactive accounts with a positive balance. An account shall be deemed inactive in the case of absence of transactions for 180 days (no conducted transactions, movement in the trading account). The fee is charged off the trading account in the amount of 10 USD or trading account equivalent currency at the current rate posted in the trading platform, on a monthly basis until the trading account balance is zero or the commencement of active transactions. When the trading account balance reaches zero, the balance of this account is blocked indefinitely, but the account may be restored at the Client’s request.
41. Spread is accrued at the time of opening of position, added to the floating result of the current operation and debited from the Client’s trading account at the moment of closing the position.
42. Swap is accrued at the time of the transfer of the position into the next day, added to the floating result of the current operation and debited from the Client’s trading account at the moment of closing the position.
43. The Forex Company reserves the right to seek reimbursement from the Client if it receives a charge-back from any credit or charge card issuer or with respect to any other payment method, for any reason. The Forex Company may obtain such reimbursement by charging the Client’s account, deducting amounts from future payments owed to the Client, charging the Client’s credit or charge card or obtaining reimbursement from the Client by any other lawful means. Any reimbursement will include all costs and expenses incurred by the Forex Company related to the charge-back.
44. If the Forex Company receives a chargeback from the Client’s credit or charge card issuer or with respect to any other payment method for any reason, the Client acknowledges that the Forex Company has the right, to:
– immediately close any and all of the Client’s open positions whether at a loss or a profit and/or liquidate the Client’s account with or without any notice; and/or
– immediately place restrictions on the Client’s account with or without any notice, including: i) the restriction on making deposits using any payment method to the Client’s account, even in cases of margin funds alert(s), ii) the restriction on requesting withdrawals from the Client’s account, iii) the restriction on opening new positions on the Online Platform; iv) terminate the Agreement. The duration of the restrictions will be set at the Forex Company’s discretion.

45. Forex Company undertakes to:
45.1. execute the Client’s orders in the manner and on the terms and conditions set forth in this Agreement, the Terms and Conditions and the Regulation for the filing, processing and execution of orders of Clients to fix the price of the underlying asset;
45.2. receive the margin funds to its account and transfer the received amount of margin funds to the Client’s trading account in full under the terms of this Agreement and the Terms and Conditions;
45.3. refund the margin funds on the Client’s request in accordance with this Agreement and Terms and Conditions, provided there are no outstanding Client’s obligations to the Forex Company and if the funds are not required to maintain open Client positions;
45.4. provide Clients with complete and accurate information about the order and conditions of the transaction, the rights and obligations of the Client by posting information on the Forex Company official website or as otherwise provided by this Agreement and Terms and Conditions;
45.5. provide the Client with electronic reports about the history of performed transactions;
45.6. classify the Client in one of the client categories prescribed under the applicable laws of Republic of Belarus based on the criteria set under such laws as stipulated in part XII of Terms and Conditions.
45.7. respect the confidentiality of Client information.
46. The Client undertakes to:
46.1. read, accept and comply with the terms of