These Terms and Conditions oversees the Client’s use of the Company’s Internet Website and all applications, software and other Services (known collectively as, “The Services”) that are available via this Website.
1. Use of the Website
1.2 The Trading Platform is only intended for distribution to, or use by, any persons: who are over the age of 18 years old and of legally competent or of sound mind and furthermore, who reside in any country where such distribution or use would be in accordance with local law or regulation.
1.3 The Trading Platform and any other services provided by us is not available to persons residing in any country where CFD trading activity or such services would be contrary to local law or regulation. It is your responsibility to establish the terms of legality and comply with any local law or regulation to which you are subject;
1.4 The client warrants and represents to the Company that he is legally entitled to visit the Website and make use of information made available via the Website.
1.6 Any changes to these Terms and Conditions will be in effect once posted. Continued use of this Website following any such changes shall constitute the client’s acceptance of such changes.
1.7 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 favorable 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;
1.8 The Company’s guaranteed service is acknowledged as an access to the online trading platform. Any and all additional services provided to the company are therefore an additional benefit to the guaranteed services.
2.1 This Website and the information, tools and material enclosed in it are not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation or which would subject the Company or its affiliates to any registration or licensing requirement within such jurisdiction. By accessing any part of the Website, the Client agrees not to use this Website in such a way that may disrupt, damage, destroy or limit the functionality of any computer software, hardware, systems or networks, including corrupted files or files that contain viruses, Trojan horses, worms, spyware or other malicious content which interferes with or restricts the use of this Website by other users; not to upload, display or transmit any materials through this Website which are false, offensive, defamatory, threatening, obscene, unlawful, harassing, abusive, hateful, racial, vulgar, seditious or otherwise objectionable or offensive material or nature which infringe the rights of any other person anywhere in the world.
You shall at all times, take all reasonable steps to:
A) Procure and maintain in proper working order, throughout the term of this Agreement and at your own expense, the hardware, operating environment (including operating system software), backup means and infrastructure necessary for the installation, operation and maintenance of the Trading Platform (including without limitation uninterruptible power systems and electrical back-up devices);
B) Prevent any virus infections, security breaches, and other disabling events from damaging the Trading Platform due to your actions or omissions;
C) Implement and plan to operate and maintain appropriate protection in relation to the security and control of access to your computer, computer viruses or other similar harmful or inappropriate materials, devices, information or data.
D) Please inform us in writing if you encounter any problems with the Trading Platform, or have any suggestions for modifications, design changes and improvements. We shall have the right, but not the obligation, to make modifications to the Trading Platform based upon your suggestions. Any modifications, design changes and improvements made to the Trading Platform based on your feedback shall be the undisputed sole property of the Company. We will deliver the Trading Platform with reasonable skill and care.
E) From time to time and at our sole discretion, we shall have the right to add to, modify, or remove any of the Trading Platform without liability under this Agreement and if we do so we shall use reasonable endeavors to replace any part of the Trading Platform with an equivalent where practicable.
We will as far as is practical, ensure The Trading Platform will be available for access at all times, or at any time on a continuous uninterrupted basis (access to the Trading Platform may be affected, for example, by routine maintenance, repairs, reconfigurations or upgrades);
We have the right to shut down the Trading Platform at any time, for maintenance purposes without prior notice to the Client, but this will be done only at the weekends, unless exceptional circumstances prevail.
In these cases, the Trading Platform will be inaccessible. We are obliged to ensure;
(i) That the Trading Platform will be free of errors or defects;
(ii) That the Trading Platform is free from viruses or anything else that has contaminating or destructive properties including where such results in loss of or corruption to your data or other property.
We will not be liable for any data lost or any equipment or software replaced by you as a result of use of the Trading Platform.
3. Disclaimer of Warranties
3.1 The Company makes no representations about the results to be obtained from using this Website, the Services, the information or the content.
3.2 The use of same is at the Client’s own risk. The information on this Website is provided on an “as is” and an “as available” basis.
3.3 The company does not certify the accuracy, completeness, security or timeliness of the content, information or Services provided on or through the use of the Website, either expressly or by implying, for any particular purpose.
3.4 The company, its licensor and its suppliers, to the fullest extent permitted by law, disclaim all warranties express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.
5. Limitation of Liability
5.1 The Company shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by the Client or any third party, as a result of or which may be attributable, directly or indirectly, to the access and use of the Website, any information contained on the Website, the Client’s personal information or material and information transmitted over the Company’s system. In particular, neither the Company nor any third party or data or content provider shall be liable in any way to the Client or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
6. Intellectual Property
6.2 The Client may download content only for his personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Website, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of the Company. The Client may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Website for public or commercial purposes, including the text, images, audio, and video without a prior written consent from the Company. Anything that the Client transmit to this Website becomes the property of the Company, may be used by the Company for any lawful purpose, and is further subject to disclosure as deemed appropriate by the Company, including to any legal or regulatory authority to which the Company is subject. The Company reserves all rights with respect to copyright and trademark ownership of all material at this Website, and will enforce such rights to the full extent of the law.
7. Links and Advertisements
7.1 The Website may include links to other Internet websites or resources as well as for third party advertiser’s websites. You acknowledge and agree that the Company shall not be responsible any such external website, resource or advertisement, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites, resources or advertisements.
This Client agreement is entered by and between the operator of the Finbitex™ site (the “Company”) and the person or legal entity that has applied to open a trading account on the Company’s trading platform (the “Client”), according to the terms and conditions detailed herein.
1.1 This agreement, as well as any legally binding document entered into between the Company and the Client, all are amended from time to time (together: the “Agreement”), sets out the terms upon which the Company will deal with the Client in respect to placing orders and trading over financial instruments, on the Company’s CFD trading platform.
1.2 Trading in CFD (“Trading”), means that a contract is being created which gives the Client the right to estimate the direction of change in price of an underlying asset, within a specified time frame determined by the Company. This trading instrument is different from trading in traditional options, since there is a fixed return that is determined at the outset of the trade, there is usually no Stop-Loss order and other features.
1.3 Opening an account and usage of the Trading Platform provided by the Company is by limited license given by the Company to the Client. The license is personal, non-transferable and is for persons who are older than 18 years old (or older legal age, if the law applicable to the Client’s jurisdiction requires a greater legal age) and subject to this Agreement. The Client may not transfer, assign, or enable another person or legal entity to make any use of the license, and/or give the Client’s Trading Account access codes to anyone. Any damage caused to the Client, the Company and any third party due to breach of this Agreement by Client, shall be under the Client’s sole responsibility.
2. Opening of the Trading Account
2.1 The Company will open an account for the Client (the “Trading Account”) as soon as reasonably feasible after:
(i) A financial Deposit is made into your account,
(ii) The Company has received confirmation that the Client has agreed to enter into this Agreement (such confirmation can be made by checking the “I AGREE” button or link on the Company’s Internet website (the “Website”), followed by a completed application form (if applicable) and all other Client’s information required by the Company to be provided (for full verification). The Client confirms that Client’s information is full, accurate and complete. If there is a change in the information provided by the Client (at any time), the Client must agree and undertake to: notify us of any changes to your personal and financial information and/or in your financial condition by emailing [email protected]. Provide true, accurate, current and complete Registration Data as prompted by the registration process; maintain and promptly update the Registration Data to keep it accurate, current and complete by emailing any changes to [email protected] and furthermore;
Ensure that you log out from your Trading Account at the end of each session on the Website;
We may carry out credit and other checks from time to time as we deem appropriate. Your Registration Data or other information may be used in the prevention of money laundering as well as for the management of your account. You authorize us to use your Registration Data and other information to perform the above checks in relation to your application process; In the event we become aware of any illegal activity, impropriety in the Registration Data or failure of any due diligence requirement, we may freeze your account. Should such an event occur we may not be in a position to release funds and may not be able to carry out subsequent instructions from you.
Once logged onto the Trading Platform using your Account Credentials, you authorize us to rely upon any information or instructions set forth in any data transmission using your Registration Data, without making further investigation or inquiry, and regardless of the actual identity of the individual transmitting the same. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us.
You have the right to be informed of the personal data we hold about you. An administrative fee may apply.
2.2 The Trading Account will be activated by the Company as soon as the Company has identified the funds credited by the Client to the Trading Account. The Company may activate the Trading Account and permit trading in the Trading Account subject to such limitations,(and before full verification has been determined) and to the satisfaction of such further requirements as the Company may impose. In the event that the Trading Account is activated but any such requirements are not complied with, the Company may freeze activity in the Trading Account. Where a Trading Account is not activated or is frozen, no funds held by the Company in respect of that Trading Account may be transferred back or to any other person until the Company is satisfied that all Applicable Regulations have been complied with.
2.3 In relation to any Transaction entered into pursuant to the Agreement the Company may act, according to the Company’s sole discretion, as principal or as agent on the Client’s behalf. Therefore the Company may act as the counter party to the Clients Trading activity. The Client confirms that it acts as principal and not as agent or trustee on behalf of someone else.
2.4 The Client hereby represents and warrants that his engagement with the Company in this Agreement and his use of the Company’s services are in full compliance with the law applicable to the Client. Telephone conversations between the Client and the Company may be recorded and kept by the Company. Recordings will remain the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations having taken place. Our records will be evidence of your dealings with us in connection with the Trading Platform. Records may be made available to you on request at our absolute discretion, and an administrative fee will apply. You will not object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals, are not in writing or are documents produced by a computer. Under all applicable Regulations, the Company will keep Clients personal data records, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement or a Transaction.
3. CFD Trading Platform
3.1 The Trading Platform supplied by the Company enables CFD trading in foreign exchange rates of different currencies, commodities, and any other financial instruments made available by the Company (all hereof: “Financial Instruments”). The Trading Platform displays indicative quotes of exchange rates of different financial instruments pairs, based on different financial information systems, as the most updated exchange rates in the international capital markets. For determining the quotes for different time periods, the platform is making mathematical calculations according to known and accepted capital markets formulas. It is acknowledged by both Parties that due to different calculation methods and other circumstances, different trading platforms and/or markets may display different price quotes.
3.2 The Client will receive a predetermined pay-out if his CFD transaction expires in-the-money, and he will lose a predetermined amount of his investment in the Transaction if the option expires out-of-the-money. The predetermined amounts are a derivative of the collateral invested in the transaction by the Client, and will be published in the Trading Platform. The degree to which the option is in-the-money or out-of-the-money does not matter as it does with a traditional options.
3.3 The Company does warrant that trading in the Trading Account will be available at all times.
3.4 The Client authorizes the Company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Client or any person authorized on the Client’s behalf, without further enquiry on the part of the Company as to the authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication. The Client will be responsible for and will be bound by all obligations entered into or assumed by the Company on behalf of the Client in consequence of or in connection with such orders, requests, instructions or other communication.
3.5 The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed or added to by the Company and may include (without limitation): (i) controls over maximum order amounts and maximum order sizes; (ii) controls over total exposure of the Company to the Client; (iii) controls over prices at which orders may be submitted (including, without limitation, controls over orders which are at a price which differs greatly from the market price at the time the order is submitted to the Company’s order book); (iv) controls over any electronic services provided by the Company to the Client (including, without limitation, any verification procedures to ensure that any particular order or orders has come from the Client); or (v) any other limits, parameters or controls which the Company may be required to. The Company may, in addition, require the Client to limit the number of open Transactions which the Client may have with the Company at any time.
3.6 The Company does not allow actions or non-actions based on arbitrage calculations or other methods that are based on exploitation of different systems or platforms malfunction, delay, error etc.
3.7 The Company is entitled, by its own discretion, to cancel any trade that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Client etc. The Company’s records will serve as decisive evidence to the correct quotes in the world capital markets and the wrong quotes given to the Client; The Company is entitled to correct or cancel any trade based according to the correct quotes.
3.8 Reporting – Client can see his open trades (“Positions”) and guarantee funds situation at any time by accessing his Trading Account in the Company’s platform and viewing past trade’s reports generated by the Company. No hard-copy reports are sent.
The Trading Account shall be activated upon the Client depositing the Initial Deposit as determined by the Company at its discretion.
The Company will not accept third party or anonymous payments in the Client Account. In the case of identified third party payment, this must be proven with Identification as per the verification procedure. The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into the Client Account. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds.
4.1 The Client may transfer funds to the Company with different methods of payment as permitted by the Company from time to time and in any currency (acceptable by the Company), and such funds will be converted and managed in the Trading Platform in US Dollars and/or Euro and/or GBP, as determined by the Company, according to an exchange rate determined by the Company’s according to the available market rates.
4.2 When making a bank transfer, the Client must send the Company an authentic SWIFT confirmation, stating full bank account details and proof that the bank account is registered under its name. Non-delivery of the SWIFT confirmation or in case that the details do not conform to the Client’s details registered at the Company may result in the funds not being credited to the Client’s Trading Account.
4.3 The Funds deposited with the Company by the Client, together with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security to any Transaction, including Trading Losses, Commission and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Trading Account. The Client’s Funds shall not accumulate any interest or any other benefits. Trading in CFD that relate to a reference security shall not grant the Client any right to dividends, voting, allocations or any other Benefits, but may be subject to adjustments according to financial or corporate events which may have an effect the reference security, such as distribution of dividends, splits etc.
4.4 Repayment of any funds via wire transfer by the Company to the Client will be in the same currency and to the same account/credit card from which the funds were originally transferred, unless the Company has decided, by its own discretion, to return the funds to a different account of the Client.
4.5 The Client declares that all funds that it transfers to the Company do not derive from any criminal or other illegal activity and without any violation of any applicable anti – money laundering laws and regulations.
4.6 The Client will have no claim against the Company and will not hold the Company responsible for any delay and/or differences originating from a credit company’s, banks or other financial institutions rates calculation and/or commission and/or any other debit.
4.7 a) In the case the Client gives an instruction to withdraw funds from the Trading Account, Finbitex™ finance department supervises every withdrawal request submitted. Identification documents must be submitted to process any withdrawal. The Company shall pay the specified amount (less any transfer charges, if applicable, see point (5) below) within seven to ten (7-10) Business Days once instructions has been accepted and at the moment of payment, the Client’s margin requirements, proof of identity (to ensure safety of client’s funds) and due diligence criteria have been met. The Company may cancel the Client’s withdrawal order, if, according to the Company’s discretion, the remaining funds (after the withdrawal) shall not be sufficient to secure open Position(s) in the Trading Account.
b) The company does not take any responsibility for any delays of withdrawals, due to third party (banks, credit card companies or other service providers) policies, nor any “Force Majeure” events that are not under the company’s control.
c) Minimum withdrawal amount is 0.01 BTC.
d) Withdrawal can be cancelled if there is a hold on the account.
4.8 The Company shall debit the Client’s Trading Account for all payment charges. If the Client has the obligation to pay any amount to the Company which exceeds the amount held in the Client’s Trading Account, the Client shall immediately pay such amount upon Company’s request.
Your credit card statement will read Bit Sell 442034554866.
4.9 The Company shall not provide physical delivery in relation to any Transaction. As mentioned above, Profit or loss is credited to or debited to or from the Trading Account (as applicable) once the Transaction is closed.
If we receive a charge-back from any credit card issuer, for any reason, we will reserve the right to seek reimbursement from you. We may seek to obtain any reimbursement by charging your credit card, deducting amounts from any future payments owed to you, directly charging your Trading Account, or obtaining reimbursement from you via other lawful means. All bank charges, however they may arise, will be deducted directly from your Trading Account.
5. Fees & Charges
5.1 The Company charges a clearance fee of 1% for all executed trades.
5.2 The company charges a maintenance fee 50 USD/EUR/GBP per month.
5.3 The company charges an incomplete verification fee of 100 USD/EUR/GBP if the Client has not verified their account after sixty (60) days.
5.4 All deposits to the company either by Credit Card or Wire Transfer are not subject to fees from the company. Clients may see fee’s charged to them and these charges will be from the clients’ bank.
5.5 All withdrawals either by Credit Card or Wire are not subject to fees. The company pays all fees for wire withdrawals.
5.6 The company charges 10% fee for any withdrawal made on the account.
5.7 The Company may introduce additional fees and charges, and may change any existing fees and charges, at any time, by giving the Client not less than 10 Business Days’ notice of such changes.
6. Bonus Policy
6.1 The Company may offer a number of attractive reward features, including welcome bonuses, contests and awards to new or existing customers. Bonuses and trading credits rewarded to clients are part of the Company’s promotions programs. These bonuses are limited time offers and the terms and conditions associated with any bonus rewards are subject to change from time to time.
6.2 Bonuses and profits that are based, even partially, on use of bonus credit, shall be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms and Conditions by Client.
6.3 In order to withdraw any funds from an account that has been credited with a trading bonus, the trader will be required to execute a minimum trading volume of (bonus amount + Deposit) x25.
6.4 Funds can only be withdrawn when the preceding stipulation has been fully met and fulfilled. All trading bonuses are final, and a trading bonus cannot be removed once it has been credited to an account.
6.5 In regards to Insured trades program. Insured money is replaced with bonus money. The bonus money needs to meet the following trading requirements in order to be withdrawn. The insured trade amount x15.
6.6 Bonuses come with terms and conditions which require a client to fulfill a trading volume before their trading account is eligible for withdrawals. For a position to count towards the needed turnover, the trade must be open for 24 hours.
6.7 In regards to no deposit bonuses and giveaways, the turnover of bonus amount x40 has to be achieved to allow the funds to be withdrawn.
6.8 Turnover will be calculated according to the following formula. (position size open for 24 hrs) x 0.001 = Turnover. For more information regarding bonuses please contact [email protected]
7. Privacy and Data Protection
7.1 Due to the nature of the Company’s business and relations with the Client, The Company shall hold some personal client information. All data collected, whether it is on paper or on a computer is safeguarded in order to maintain the Client privacy (under Data protection laws).
7.2 The Company shall be permitted to use and/or disclose the Client Information (a) For internal use, including with affiliated entities; (b) As permitted or required by law; (c) For protection against or prevent actual or potential fraud or unauthorized transactions or behavior. For computerized supervision of Client’s use of the services, review and/or supervision and/or development and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligation to observe any applicable law.
7.3 The Client hereby grants the Company his/her permission to make use of his/her details in order to provide updates and/or information and/or promotion or marketing purposes through the Clients E-mail address or other contact information. Cancellation of this consent shall be performed by providing written notice to the Company, and shall apply to new publications that have not been sent.
7.4 The Client agrees that the Company may record all conversations with the Client and monitor (and maintain a record of) all emails sent by or to the Company. All such records are the Company’s property and can be used by the Company, amongst other things, in the case of a dispute between the Company and the Client.
7.5 Affiliation. The Company may share commissions and charges with its associates, introducing brokers or other third parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with Client’s information.
7.6 The Company’s Trading Platform, Website or other services may require the use of ‘Cookies’.
8. Advice, Information and Tax
8.1 The Company does not advise its Clients in regard to the expected profitability of any Transaction, and any tax or other consequences. The Client represents that it has been solely responsible for making its own independent appraisal and investigations into the risks of any Transaction. The Client represents that it has sufficient knowledge, market sophistication and experience to make its own evaluation of the merits and risks of any Transaction. The Client acknowledges that he has read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.
8.2 Where the Company does provide market commentary or other information: (a) this is incidental to the Client’s relationship with the Company. (b) It is provided solely to enable the Client to make its own investment decisions.
8.3 The Company shall not be responsible for the consequences of the Client acting upon such trading recommendations, market commentary or other information.
8.4 The Client acknowledges that the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.
8.5 The Company is under no obligation to assess the appropriateness of any Transaction for a Client, to assess whether or not the Client has the necessary knowledge and experience to understand the nature of risks associated with the Transactions. All risks related to the above are under the sole responsibility of the Client.
8.6 Any tax applying on the Client and/or results from the Client’s trading activity, including trading profits and/or trading losses and/or any charges and/or deductions, shall be under the Client’s full and sole responsibility. The Client shall personally report and pay any personal, federal, state and local tax liability he is obligated to, if applied. The Company serves as a mediator only and does not collect deduct, pay or withhold tax from the Client. The Company’s reserves the right, if ordered by an official entity, to deduct tax from the Client and deliver it to the proper tax authority as ordered by the official entity.
9. Account Balances
9.1 Trading Account balances and statements are displayed within the trading platform made available to the Client by the Company. Common terms definitions can be found on the Company’s Website.
10. Closing an account and cancellation of the agreement
10.1 Either party may terminate this Agreement by giving 10 (Ten) days written notice of termination to the other. Either party may terminate this Agreement immediately in any case of any breach of this Agreement or event of Default by the other Party. Upon terminating notice of this Agreement, Client shall be under the obligation to close all open positions, otherwise, the notice shall become void, or the Company shall have the right to close all open positions without assuming any responsibility. Such closure may result in an outcome that would be less favorable for the Client.
10.2 Upon termination, all amounts payable by Either Party to the other Party will become immediately due.
10.3 Termination shall not affect any outstanding rights and obligations according to the applicable law and the provisions of this this Agreement.
11. Limitations of Liability and Indemnities
11.1 THE SERVICES OF THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND COMPANY MAKES NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY AFFILIATED SOFTWARE, SERVICES OR COMMUNICATION THAT MAY BE OFFERED OR USED BY THE CLIENT SHALL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM TRADING OR THE USE OF THE COMPANY’S SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
11.2 Client acknowledges and agrees that the Trading Platform follows the relevant market, whether the Client is in front of his computer or not, and whether the Clients computer is switched on or not, and will exercises the order left by the Client if applicable.
11.3 The Client shall, upon first demand by the Company, compensate the Company from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company.
11.4 The Company shall have the right to set-off any amount owed by the Company to the Client, against any debt or other obligation of the Client towards the Company. In any event of Default of Client (voluntary or involuntary insolvency procedures against the Client) all debts, future debts and other obligations of the Client towards the Company shall become immediately due.
We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, but is not limited to, the following:
1. Any act, occurrence, event or (including without limitations, any riot, civil commotion or strike), act of terrorism, war, industrial action, acts and regulations of any governmental bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market on the Trading Platform;
2. The closure or suspension of any Underlying Market or the occurrence, abandonment or failure of any Underlying Asset on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event;
3. The occurrence of an excessive movement in the level of any Transaction and or Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement;
4. Any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or the failure of any relevant supplier, Financial Institution, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, Underlying Market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations.
5. If we determine that a Force Majeure Event exists, we may, in our absolute discretion, without notice and at any time, take one or more of the following steps:
6. Alter your Margin requirements; which may result in you requiring to provide additional Margin;
7. Close all or any of your open Transactions at such closing prices as we reasonably believe to be appropriate;
8. Suspend or modify the application of all or part of the Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; or alter the Trading Hours for a particular Transaction.
9. You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to paragraph if we decide to take such action. The Parties shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under this Agreement, if such nonfulfillment or improper fulfilment was a result of a Force Majeure Event, which occurred after the Client Agreements were concluded.
12. General Provisions
12.1 The Company has the right to amend the Agreement without obtaining any prior consent from the Client. If the Company makes any material change to the Agreement, it will give at least 10 (Ten) Business Days’ notice of such change to the Client. Such amendment will become effective on the date specified in the notice. Unless otherwise agreed, an amendment will not affect any outstanding order or Transaction or any legal rights or obligations which may already have arisen.
12.2 Partial invalidity: If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
12.3 Joint account – If the Trading Account is a joint account (on the name of more than one entity), then each of the entities in the Trading Account shall be authorized to represent the other entities towards the Company, with no requirement of any prior notice or approval from the other entities. Each of the entities in the Trading Account agrees that any notice or instruction given by the Company to any of the entities shall be considered as given to all the entities. In case of contradiction between instructions given to the Company by different entities, then the last instruction received by the Company will prevail.
12.4 Language, Notices and Complaints – All communications between the Company and the Client will be in English or in any Language, suitable both to the Client and the Company.
12.5 Unless otherwise agreed, all notices, instructions and other communications to be given by the Company shall be sent to the email address provided by the Client, details of which are provided by the Client to the Company. Any complaint shall be directed to the Company’s client services department, who will investigate the complaint and make every effort to resolve it. Such a complaint should be made to: [email protected]. All disputes will be handled within 48 working hours of notification.
12.6 The Company shall have the right, in order to collect funds owed to the Company by Client or to protect the Company’s rights such as good-name, intellectual property, privacy etc., to immediately bring legal proceedings against Client, in the Client’s residency and according to the Client’s residency applicable law.
12.7 No Right to Assign: No rights under this Agreement shall be assignable nor any duties assumed by another party except to/by an affiliate of The Company. Upon assignment to an Affiliate of the Company, the terms of this Agreement may be amended to fit any applicable regulation effective upon the assignee, and Client hereby consent in advance to such regulatory modifications to this Agreement. This Agreement shall be binding upon and inure to the benefit of the successors heirs of the Client.
12.8 Dormant Trading – If the Client will not perform any trading activity or his trading activity will be a very low volume, for the time period defined by the Company, or if the Client does not hold the minimum funds in his Trading Account, defined by the Company, the Company may, charge the Trading Account with Dormant Trading commission, at a rate to be determined by the Company from time to time, close any open trade and/or the Client access to the Trading Account and/or terminate this Agreement. If the Trading Account is inactive for sixty one (61) days or more, and after notifying the Client in there last known contact details, the Company reserves the right to close the Trading Account and charge the account with a dormant fee in the sum of 250 USD/EUR/GBP. Funds that have been left in the dormant account shall be owed to the Client and the Company shall make and retain records and return such funds upon request by the Client at any time thereafter.
13. Applicable law and jurisdiction
13.1 These Terms and Conditions and the website are governed by the laws of Bulgaria and will be interpreted in accordance with the English courts. The English courts shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions.
14. KYC (Know Your Customer) Policy
Know your customer policies have become increasingly important worldwide lately, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud and terrorist activity.
Finbitex™ holds a zero tolerance fraud policy, and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be forfeited.
Finbitex™ aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls. Securing your electronic transactions requires us to be provided with certain data from you, including your preferred deposit method. When requesting a withdrawal from your account, we may need you to provide us with appropriate proof of identity, which may include the following (and possibly other) documents:
• Color copy of your valid Government-Issued ID (e.g. passport, driver’s license, ID card).
• Color Copies of your credit/debit cards, both front and back sides, with first twelve numbers covered, clearly showing the name and expiry date on the front and the signature and covered CVV on the back, used to make the deposit.
• Copy of a recent utility bill or bank statement with your name and address (no more than 3 months old).
• A signed copy of the “Declaration of Deposit” form. You will receive this form after every deposit from [email protected]
All four corners of the documents must be clearly visible with no alterations to the documents.
If the name does not appear on the card, we do need to see official evidence that the card belongs to the client.
If the card belongs to another person, the Cardholder must provide their ID and a utility bill before verification can be completed, and the
Cardholder is responsible for signing the Declaration of Deposit Forms confirming a deposit has been made with the card used.
*** Please note that if one or all of your documents are rejected by Finbitex™ Compliance, we will then require you to submit the documents again.
If you have any questions please don’t hesitate to contact our customer support: [email protected]
What will happen if I do not provide any documentation?
If you decide that you do not wish to provide your documents in accordance with our Terms and Conditions and FCA guidance, we may not be able to provide you with the level of security your account deserves. It will also inevitably delay any withdrawal process you may wish to undergo, as we will be obliged to do a private background check at our cost, in order to determine who you are and to be satisfied that the funds will be credited correctly to your account. These checks are done in conjunction with AML rules under FATF The Financial Action Task Force (FATF) is an independent inter-governmental body that develops and promotes policies to protect the global financial system against money laundering, terrorist financing and the financing of proliferation of weapons of mass destruction. The FATF Recommendations are recognized as the global anti-money laundering (AML) and counter-terrorist financing (CFT) standard.
You must be sure that you are able to confirm your identity by the provision of documents as required. If you are unable to do so, this may prevent the activation of an account with Finbitex™.
When do I need to provide these documents?
We follow the regulations as stated by the FCA and FSA with regards to documentary verification.
We highly appreciate you taking the time to provide us with all the necessary documents as soon as you can, in order to avoid any delays in processing your transactions. We require the receipt of all the necessary documents prior to making any cash transactions to your benefit. If you have not provided these documents before a deposit is made, they must be supplied as soon as practically possible after the deposit.
Not supplying documents does not detract from the fact that the account is opened as soon as funds have been deposited into your account with Finbitex™.
Some circumstances may require us to request these documents before allowing any other activities in your account, such as deposits or trades. Please note that if we do not receive the required documents on file, your pending withdrawals will be cancelled and credited back to your trading account. We will notify you on such event via our system.
How can I send you these documents?
Please scan your documents, or take a high quality digital camera picture, save the images as jpegs, then upload the files and send it to us via mail to [email protected]
How do I know my documents are safe with you?
Finbitex™ has in place a highly complex security infrastructure and treats security of documentation as our main priority. We handle all documents received with the utmost respect and confidentiality. All files we obtain are protected at the highest encryption level possible at every step of the review process.
We thank you for your cooperation in helping us make Finbitex™ a safer place to trade.
Finbitex™ a brand of Tempolex LTD. Finbitex™ is owned and operated by Tempolex LTD, Address Trust Company Complex Ajeltake Road Ajeltake Island, Majuro Marshall Islands MH 96960
Anti -Money Laundering (AML)
Finbitex™ does not tolerate money laundering and supports the fight against money launderers. Finbitex™ follows the guidelines set by the UK’s Joint Money Laundering Steering Group. The UK is a full member of the Financial Action Task Force (FATF), the intergovernmental body whose purpose is to combat money laundering and terrorist financing. Finbitex™ now has policies in place to deter people from laundering money.
These policies include:
• Ensuring clients have valid proof of identification
• Maintaining records of identification information
• Determining that clients are not known or suspected terrorists by checking their names against lists of known or suspected terrorists
• Informing clients that the information they provide may be used to verify their identity
• Closely following clients’ money transactions
• Not accepting cash, money orders, third party transactions, exchange houses transfers or Western Union transfers.
Money laundering occurs when funds from an illegal/criminal activity are moved through the financial system in such a way as to make it appear that the funds have come from legitimate sources.
Money Laundering usually follows three stages:
• Firstly, cash or cash equivalents are placed into the financial system
• Secondly, money is transferred or moved to other accounts (e.g. futures accounts) through a series of financial transactions designed to obscure the origin of the money (e.g. executing trades with little or no financial risk or transferring account balances to other accounts)
• And finally, the funds are re-introduced into the economy so that the funds appear to have come from legitimate sources (e.g. closing a futures account and transferring the funds to a bank account). Trading accounts are one vehicle that can be used to launder illicit funds or to hide the true owner of the funds. In particular, a trading account can be used to execute financial transactions that help obscure the origins of the funds.
Finbitex™ directs funds withdrawals back to the original source of remittance, as a preventative measure. International Anti-Money Laundering requires financial services institutions to be aware of potential money laundering abuses that could occur in a customer account and implement a compliance program to deter, detect and report potential suspicious activity.
These guidelines have been implemented to protect Finbitex™ and its clients.
For questions/comments regarding these guidelines, please contact us at [email protected]
Notice: It is against the law to solicit U.S. persons to buy and sell commodity options, even if they are called ‘prediction’ contracts, unless they are listed for trading and traded on a CFTC-registered exchange or unless legally exempt.
Copyright © 2018, Finbitex™ a brand of Tempolex LTD. The website is owned and operated by Tempolex LTD Registered and located address Trust Company Complex Ajeltake Road Ajeltake Island, Majuro Marshall Islands MH 96960.