Aсcording to the public offer terms, the Binaric service, for one part, and a person, who filled the registration form to open a personal account in the Company (further referred to as “Client”) , of the second part, collectively referred to as the “Parties” agree as follows:
1. General Provisions
1.1. The present Agreement, as well as the information contained in the Service, sets the terms, on which the Service is rendered by the Company to the Client in respect of non-commercial operations and trades with binary options, including related activities, as well as rights and liabilities of the Parties arising in relation to provision and performance of the Service.
1.2. The Company Services under this Agreement are:
1.2.1. Arrangement and provision of access to the Service (in particular, software that allows to conduct electronic transmission of data of the Client to the Company through a personal desktop and portable computer or another device connected to the authorized data network assigned by the Company via a modem or another device) for the purpose of conducting trades;
1.2.2. Providing access to any interactive programs or services offered by the Company aiming to: communicate with the Company or an authorized third-party supplier of the services as well as to obtain data and quotations from the Company or an authorized third-party service provider.
1.3. The Client’s acceptance of this Agreement implies its careful reading, understanding and acceptance of all the terms of the present Agreement.
1.4. The Client agrees that the Company may unilaterally amend, add, rename or leave unchanged the services rendered under the present Agreement providing that the Client is notified in the manner and within the time limits specified by the present Agreement. Amendments, additions, renaming of the service will take effect immediately from the date of notification of the Client in the manner provided by the article 4 of the present Agreement.
1.5. The Client acknowledges that the present Agreement applies to the services that can be amended, supplemented either renamed in the future, in addition to the services that are provided to the Client at the time of registration and opening of an account.
1.6. All financial instruments and operations that are performed by the Client based on the terms of this Agreement are non-deliverable and do not imply a physical delivery of currency or the underlying asset (the asset underlying the contract) to execute the contract.
1.7. By opening an account, the Client unconditionally accepts terms and conditions of the present Agreement. Beginning with the date on which conditions of the Client Agreement are accepted, each operation made by the Client through the Service becomes subject to this Agreement.
1.8. Notice to the Clients of the Russian Federation:
1.8.1. To avoid doubts, the present Agreement was not concluded in the Russian Federation. This Agreement is entered into effect in the State of Saint Vincent and the Grenadines;
1.8.2. Despite the fact that provisions of the present Agreement shall be governed by the laws of Saint Vincent and the Grenadines and to avoid doubts, the services provided to the Client by the Company are not gambling and betting in the form they are specified by the Article. 4.1. of the Federal Law of the Russian Federation from April 22, 1996 No 39-FZ “On the Securities Market”. Under the terms of this Agreement, in execution of this Agreement by the Client, under no circumstances can make the Client enter into commitments exceeding the amount of collateral provided to the Client (funds on the Client’s account). The parties acknowledge that this Agreement is not provided by legislation of the Russian Federation, which does not deprive the parties the right to conclude it under the clause 2 of the Article 421 of the Civic Code of the Russian Federation.
1.8.3. Despite the fact that provisions of the present Agreement shall be governed by laws of Saint Vincent and the Grenadines, to avoid doubts, the services provided to the Client by the Company are not gambling and betting in the form they are specified by the Federal Law dated as of December 29. Of 2006 No 244- FZ “On state regulation of gambling activities and amending some legislative acts of the Russian Federation.”
2. Notice of Risk
2.1. Governing Rules
2.1.1. This article is purposed to warn the Clients against the risks that may arise out of use of the Service.
2.1.2. Under no circumstances, the Company is liable for any loss or damage, resulting from use of the Service or data provided through the Service, either by misconduct of any users of the Service.
2.1.3. The Client represents and warrants that he/she (Client) has very carefully considered portion of his/her assets (owner’s equity) in the form of risk capital. The Client acknowledges that Risk capital is the amount of money that he/she (Client) wants to put at risk and loss of this amount does not significantly affect his/her (Client’s) welfare.
2.1.4. The Client should not carry out trades through the Service if he/she does not know or does not understand all the risks associated with this activity, or not willing to take the risk of losing his own money.
2.1.5. This article is informative and should not be considered by the Client as the list of all existing risks.
2.2. Market Risks
2.2.1 Quotations of most of the assets used to trade in the financial markets may fluctuate significantly during the day, which can lead to profit as well as to the Client’s loss.
2.2.2. Binary option trading is a speculative risky investment and suits only those investors who:
• understand and are willing to assume the economic, legal and other risks, taking into account their personal financial resources and life liabilities, and are able to afford risk of losing the invested amounts;
• have sufficient knowledge to understand what trading with binary options mean.
2.2.3. Binary options are a derivative financial instrument, which price derives from the price of the underlying assets/markets they pertain to (for example, currency, indexes of shares, shares, metals, futures etc.). In this regard, it is important that the Client understands the risks related to trading with a certain underlying asset/market.
2.2.4. The Client agrees that under abnormal market conditions the time required to handle the Client’s queries and orders may increase.
2.3. Technical Risks
2.3.1. The Company is not liable for the Client’s financial losses caused by malfunction of electrical, communication or information systems on his part.
2.3.2. When working with the Service, the Client assumes risks arising due to the following reasons:
• malfunctions in hardware, software, communication on the part of the Client;
• errors in the Service settings;
• failure to comply with instructions on use of the Service or the Client Platform by the Client;
• Delayed upgrade of the Client Platform.
2.3.3. The Company does not indemnify losses caused by the errors in operation of the Client Platform.
2.4. Risks associated with the Service
2.4.1. The Client acknowledges that the queue of orders/requests on the server may have only one request or instruction in. An attempt to send any new instruction or order may be rejected.
2.4.2. The Client accepts the risk of unscheduled trades caused by re-sending of a trading instruction before getting the result from a previous order.
2.4.3. The Client acknowledges that by closing of the browser window he/she does not cancel an order or instruction, because it has already been received by the Company for handling.
2.4.4. The Client acknowledges that the only reliable source of quotations is the server of the Company working for the real Clients. If connection with the Service is not sustainable, part of quotations from the quote stream may not reach the Client.
2.5. Communication Risks
2.5.1. The Client must keep passwords safe and make sure that third parties will not gain access to the Service. The Client is responsible for trading executed under his/her password even if it is used by a third party.
2.5.2. The Client must be aware of risk of unauthorized access to the data sent to him/she if it is presented in an unencrypted form.
2.5.3. The Client is responsible for safety of confidential information related to access to his/her personal area and accounts, as well as the confidential information provided to him by the Company. The Company is not responsible for the financial loss caused by disclosure of this information to third parties by the Client.
2.5.4. The Client accepts the risk of any kind of financial losses caused by the fact that he/she has not received or any data from the Company either received it with delay.
2.6. Risks associated with the legal provisions of individual States
2.6.1. The Client also takes a responsibility for execution of non-commercial trades and trades in the territories, where it is restricted or prohibited by law.
2.6.2. The Company does not guarantee that the Client’s activity for buying and selling binary options is not subject to taxation or will not be subject in the future.
2.6.3. The Company is solely responsible for payment of any sort of taxes and/or any other fees that may be charged in respect of his/her trades.
2.7. Force majeure circumstance
2.7.1. The Client agrees that the Company may not be responsible for any loss caused directly or indirectly by the force majeure circumstances and the circumstances that are beyond the Company’s control.
3. Rights, liabilities and guarantees of the parties
3.1. The Client has the right to:
3.1.1. Send instructions to the Company to execute non-commercial operations and trades through the Service provided by the present Agreement;
3.1.2. Provided he/she has no liability owed to the Company, demand execution of financial liabilities by the Company within the limits of equity on his/her Account (with the deduction of credit), but not more than sum amount of balance;
3.1.3. Under a conflict situation, submit a claim in writing or in electronic form to the contact details specified by the Company.
3.1.4. Unilaterally terminate the Agreement provided he/she has no liability owed to the Company.
3.2. The Client must:
3.2.1. Familiarize himself/herself and comply with the provisions of this Agreement in execution of operations and trades through the Service.
3.2.2. Be solely responsible for all the actions that arise out of the use of his/her login and/or password.
3.2.3. Be solely responsible for all his/her actions including submission of instructions requiring to conduct non-trading operations and trades through the Service.
3.2.4. Provide the Company with the up-to-date identification information and details as well as to immediately report on any changes in these documents and details. The Client is liable for all the consequences caused by a failure to notify the Company of these changes in the identification information and details.
3.2.5. Notify the Company of any changes in his/her personal contact information as well as any changes to the personal data provided by him/her within seven (7) calendar days from the date when such changes enter into effect.
3.2.6. Ensure confidentiality of the information received from the Company and take risk of financial losses caused by unauthorized access of third parties to his/her own account.
3.2.7. Register only one (1) account with the Company. If multiple accounts belong to the same Client, trades and financial results of such trades on these accounts can be canceled. All such accounts can be blocked and the funds held there in will not be deemed as a financial liability of the Company against the Client.
3.2.8. If he/she reveals an attempt of unauthorized withdrawal of funds from account that the Client did not apply for change password of a Personal Area as well as of an email address and then contact the Client support and report the incident.
3.2.9. Indemnify and hold the Company harmless from liability related to any claims and lawsuits against the Company arising as a result of disclosure of the Client’s personal data.
3.3. The Client guarantees:
3.3.1. He/she has essential legal capacity and capacity to act in full.
3.3.2. He/she has reached the age of majority.
3.3.3. He/she is duly authorized to conclude this Agreement, submit requests and instructions as well as perform his/her obligations under the present Agreement.
3.3.4. All the information provided by the Client under this Agreement is veracious, accurate and complete in all respects.
3.3.5. He/she fully accepts obligations and liabilities for any consequences that may occur as a result of his/her actions under this Agreement.
3.3.6. He/she will be the only authorized user of the Services on account with the Company, be fully responsible for maintaining confidentiality and the use of access codes.
3.3.7. He/she will not use two or more interdependent accounts of the Company, including those registered on various individuals to open opposite trades on the same assets.
3.3.8. To receive quotations and submit instructions, he/she will use only official the Service of the Company.
3.3.9. Legal ownership and legal origin of money transferred by him/her at their own expense to the Company.
3.3.10. Conclusion of the present Agreement by the Client and execution of non-commercial operations, trades and other activities under this Agreement shall not violate any law, act, charter, rules or regulation that is applicable against the Client or in the jurisdiction of his/her residence. If the Client violates present paragraph of the Agreement, the Company shall in no way be liable for the Client’s action and the consequences arising out of that.
3.4. The Company has a right to:
3.4.1. Amend, raise or leave unchanged the payment rate on options, refund rate, minimum and (or) the maximum rate, and other essential terms and conditions of trades on one, several or all types of options.
3.4.2. Adjust regulation facility of payments and (or) refund, select duration of the trades, availability of trades with a specific type of the options.
3.4.3. The Company has the right to limit the maximum number or amount of rates on open trades for one (1) minute, one (1) hour of one (1) calendar day.
3.4.4. Contact the Client on any matter related to this Agreement, in particular, to confirm the Client’s intentions with regard to his/her action on an account.
3.4.5. To prevent fraud, money laundering and other conflict situations, the Company may at any time require the Client to confirm his/her identity. The procedures on confirmation of the Client’s identity are provided by the Article 6 of the present Agreement.
3.4.6. To ensure provision of the Services under this Agreement, the Company shall be entitled to involving third parties, with whom it enters a contractual relationship.
3.4.7. In event of violation of one or more provisions of this Agreement by the Client, the Company may revise the amount of the Company’s financial liabilities against the Client by modifying the corresponding log record of non-commercial operations and (or) trades.
3.4.8. Suspend rendering service to the Client at any time, providing sufficient grounds (prior notification of the Client is optional).
3.4.9. Unilaterally modify this Agreement or terminate this Agreement unilaterally based on with the Article 12 of this Agreement.
3.4.10. Fully or partially use, not use or use with a delay any right, power or privilege under this Agreement or applicable law. Non-use of rights, power or privilege by the Company shall not constitute a waiver of that or any other right, power or privilege arising under the Agreement or applicable law.
3.4.11. The Company may at any time at its sole discretion impose restrictions on operations as well impose other restrictions against the Client to the extent it deems necessary and appropriate in order to prevent illegal or fraudulent activity, misuse of the Service or any other illegal activity.
3.4.12. With respect to any liabilities and situations that are not provided by this Agreement, the Company has the right to act at its own discretion, based on business standards and current practice.
3.5. The Company must:
3.5.1. Provide services through the Service, based on provisions of the present Agreement;
3.5.2. Based on provisions of this Agreement, on a good standing of the Client, upon his request, fulfill financial obligations of the Company against the Client within the limits of available funds on the account;
3.5.3. Comply with the terms of the present Agreement;
3.5.4. Undertake all essential measures to keep the information received from the Client confidential.
3.6. The Company guarantees:
3.6.1. The Company ensures that the data and information provided by the Client on opening an account and further relations with the Company, are confidential and will not be provided by the Company to third parties. The only exceptions are the requirements of competent authorities based on relevant decision of the court of international jurisdiction.
4. Exchange of information
4.1. The Company’s working hours: around-the-clock from Monday 00:00:00 to 23:59:59 Friday, EET (Eastern European Time: GMT + 2 in winter, GMT + 3 in summer).
4.2. Company’s non-working hours: from 00:00:00 to 23:59:59 on Saturday and Sunday, EET (Eastern European Time: GMT + 2 in winter, GMT + 3 in summer). In addition, Company’s non-working hours include international holidays, in particular, the days when financial markets are closed and there is no trading with financial instruments represented in the trading platform. Besides, if suppliers of quotations make adjustments, the Company has the right to make relevant adjustments to the schedule of financial instruments.
4.3. The Company may use following means to communicate with the Client:
• Internal mail of the Service;
• Regular mail.
4.4. To contact the Client, the Company will use only the contact details specified by him/her on opening of an account or changed after that in a proper manner. Correspondence and information sent by the Company to the details specified by the Client are deemed to be properly sent and the Client is not entitled to refer to its invalidity or change of details, if the Company was not notified by him/her in advance and contact information is not changed in a proper manner.
4.5. Any correspondence and information (documents, announcements, notifications, confirmations, requests, reports, message etc.) are deemed as received:
• After a phone conversation is over;
• Immediately after sending by internal mail of the Service;
• One hour after sending by e-mail;
• Immediately after sending by fax;
• In 7 calendar days after sending by a regular mail.
4.6. Correspondence and information sent by the Company to the details specified by the Client and, namely, to the e-mail of the Client; fax; mailing address; through the internal mail of the Service, are the appropriate written notice.
4.7. The Client agrees that the Company shall have the right to remove messages not received by the Client by internal mail of the Client Platform, in three (3) calendar days after sending the message.
4.8. The Client agrees that the Company may keep a record of oral and phone negotiations with the Client. Such records are the property of the Company and may serve as a proof of requests and instructions submitted by the Client, as well as other evidence of interaction between the Client and the Company, including for the purposes of improving quality of the Client service.
4.9. The Client understands and agrees that in case of improper behavior of the Client in communication with an employee of the Company, the Company reserves the right to unilaterally terminate relationship with the Client.
5. Payment operations
5.1. Crediting funds to the Client’s account
5.1.1. The Client is entitled to making trades only at expense of the funds held on the Client’s account. An account is funded by entering money to accounts of the Company or to the accounts of the Agent authorized by the Company.
5.1.2. The transfer of funds to the Company’s account fulfilled by the Client must comply with requirements and take into account restrictions imposed by applicable laws and other legal acts of the countries, which jurisdiction entails this transfer.
5.1.3. The Company shall transfer to the Client the amount entered to the Company’s accounts. The Client understands and agrees that all fees and other costs related to implementation and transfer of money through the method of transfer he/she choses are carried by the Client.
5.1.4. Funds to the Client’s account are credited in the currency of an account, regardless of a currency in which the transfer is made. If a currency differs from the currency of an account, the amount of transfer is converted into a currency of the account based at the exchange rate of the Company.
5.1.5. Internal exchange rates, amount of commissions and other charges for each way of transferring funds are published in the Personal area and can be amended by the Company.
5.1.6. The Company reserves the right to introduce restrictions on the maximum and minimum amounts of the funds entry based on the methods of entry.
5.1.7. Crediting funds to the Client’s account, which is not directly related to compensation payments, is made in the following cases:
• If the funds transferred by the Client enter accounts of the Company;
• If the funds earlier transferred to the Client have returned to accounts of the Company and the Company failed to contact the Client to solve the issue promptly and resend the funds.
5.1.8. Funds to the Client’s account shall be credited within 1 (one) business day, no later than the end of the business day, which is next the day when funds enter account of the Company.
5.1.9. If the money sent by bank transfer is not credited to the Client’s account within ten (10) business days the Client may request the Company to conduct a bank investigation regarding the transfer. The Client understands that the bank investigation may involve commission costs that will be paid by the Client. The payment method used to cover costs is chosen on an individual basis and may require transfer of the necessary amount to the Company accounts or debiting of the amount from the Client’s account.
5.1.10. To apply for bank investigation of the bank transfer, the Client shall submit a request under the article 10 of this Agreement and provide the Company with:
• for the bank transfer: a copy of the SWIFT document (SWIFT), confirming transfer of foreign currency;
• For the ruble bank transfer: a copy of the payment order, confirming funds transfer in Russian rubles.
5.1.11. If the funds transferred through the electronic payment system or by credit card via the processing center are not credited to the Client’s account within ten (10) business days, the Client may require the Company to conduct an investigation on the transfer. The Client understands that investigation may require paying costs that will be covered by the Client. The payment method to cover costs is chosen on an individual basis and may require transfer of the necessary amount to the Company accounts or debiting of the amount from the Client’s account.
5.1.12. To investigate the transfer via electronic payment systems or transfer made by bank card via the processing center, the Client shall submit a request under the article 10 of this Agreement and provide the Company with
• For the transfers made via electronic payment systems: screenshot of transfer or notice of payment in the payment system, confirming the transfer made to the Company’s accounts;
• For the transfer made by a bank card via the Processing center: a copy of an identity document and a copy of bank plastic cards.
5.2. Funding methods of the Client account
5.2.1. Currency bank transfer
184.108.40.206. The Client can fund his/her account via bank transfer at any time, if at the time of the transfer the Company provides this funding method.
220.127.116.11. The Client can use this method of transfer of funds only after opening an account.
18.104.22.168. The Client may conduct a currency bank transfer to the bank account of the Company specified in the Personal area, only from his/her own bank account.
22.214.171.124. Before making a bank transfer, the Client shall order a payment invoice for in the Personal area. The Client shall strictly comply with the invoice details such as bank details of the Company, purpose and date of payment.
126.96.36.199. The Company reserves the right to reject depositing of funds transferred to the currency bank account of the Company, if the purpose of payment differs from the one specified in the invoice, and if the transfer is carried out on behalf of a third party. In this case, the Company returns funds back to the bank account, from which they were transferred. All costs associated with this transfer shall be paid by the Client.
188.8.131.52. The Client understands and agrees that the Company is not responsible for the time required to process a bank transfer.
5.2.2. Electronic Payment Systems
184.108.40.206. The Client can fund his/her account through electronic payment systems at any time, if at the time of the transfer the Company provides this funding option.
220.127.116.11. The Client is allowed to transfer funds through electronic payment systems to the Company’s account only from his/her personal account.
18.104.22.168. Before making the transfer via electronic payment systems, the Client shall verify the account information in the Personal area of the Company.
22.214.171.124. The Client understands and agrees that the Company is not responsible for the time required to process the transfer via electronic payment systems and circumstances that resulted in a technical failure upon processing a transfer if they occur through no fault of the Company but through the fault of the Electronic payment system.
5.2.3. Transfer from a bank card via the Processing center
126.96.36.199. The Client can fund his/her account using his/her bank debit card through the Processing center of the Company at any time, if at the time of the transfer the Company provides this funding option.
188.8.131.52. The Client may transfer funds using his/her bank plastic card of the international payment system, which type of is specified in the Personal area.
184.108.40.206. The Client is allowed to transfer funds only through the bank debit card registered in his/her name. Transfers made from a third party cards are not accepted by the Company.
220.127.116.11. The Client understands and agrees that upon using this funding method he/she can withdraw the amount of deposit can only to a bank account (bank cards), registered in his/her name.
18.104.22.168. The Company reserves the right to reject depositing of funds transferred to the accounts of the Company in the processing center, if the transfer is made on behalf of a third party. In this case, the Company returns the funds back to the account, from which the funds entered. All costs associated with this transfer shall be paid for by the Client.
22.214.171.124. The Client understands and agrees that the Company is not responsible for the time required to process a transfer and the circumstances that resulted in a technical failure when making a transfer if they occurred through no fault of the Company but through the fault of the processing center or the international payment system.
5.3. Debiting funds from the Client’s account
5.3.1. The Client may at any time give orders in respect of all or part of his/her funds held on his/her trading account by sending the Company “Instruction on withdrawal of funds from the account” containing instructions of the Client about withdrawal of funds from the account subject to the following:
• Execution of orders is made by the Company only within the limit of available funds on the account (with the deduction of credit funds), but not exceeding the amount of the account balance. If after paying the commissions and other expenses provided by this Regulation for implementation of payment the amount in the Client’s application exceeds the specified amount, the Company is entitled to rejecting it;
• The Client’s orders on withdrawal of funds from the account must meet requirements and account for the restrictions imposed by applicable laws and other legal acts of the countries, which jurisdiction entails this transfer.
5.3.2. Execution of the “Instruction on withdrawal of funds from the account” by transferring funds to the Client’s account can also be made through Agent authorized by the Company. Authorized Agents are listed in the Personal area.
5.3.3. The Client submits the “Instruction on withdrawal of funds from the account” in currency of account. If account currency differs from the currency of transfer, the amount will be converted by the Company into the currency of the transfer based on the internal exchange rate of the Company.
5.3.4. The currency, in which the Company transfers funds to the Client’s account, depends on the currency of account and method of withdrawal.
5.3.5. Internal exchange rates, commission rates and other charges for each way of withdrawal of the funds are published in the Personal area and can be amended by the Company.
5.3.6. Company reserves the right to impose restrictions on minimum and maximum amount of withdrawal, differentiated depending on the method withdrawal. These restrictions are published in the Personal Area of the Client.
5.3.7. The Client understands and agrees that all fees and other costs related to procession and implementation of transfer through the chosen payment method shall be paid by the Client.
5.3.8. The Company reserves the right to retain a fee of 10 USD from the balance of an account, if there is no activity on this account within one hundred (100) calendar days.
5.3.9. Funds are debited from the Client’s account in the event the Company receives “Instruction on withdrawal of funds from the account”.
5.3.10. The instruction is deemed accepted by the Company if it is submitted through the Personal area of the Client and is displayed in the Company’s accounting system among the Client’s applications. The order instruction submitted by any other way is not accepted by the Company for handling.
5.3.11. The Client’s funds are debited at the time when the “Instruction on withdrawal of funds from the account” is submitted. The “Instruction on withdrawal of funds from the account” shall be handled by an employee of the Company within two (2) business days, but no later than by the end of the business day next to the day of receipt of the Instruction on withdrawal of funds from the account”.
5.3.12. If the money sent by bank transfer is not credited to the Client’s account within ten (10) business days, The Client may request the Company to conduct a bank investigation regarding the transfer. The Company can provide the Client with the payment proof of the made transfer in the form of screenshot:
• For the bank transfer: a copy of the SWIFT document (SWIFT), confirming transfer of foreign currency;
• For the ruble bank transfer: a copy of the payment order, confirming funds transfer in Russian rubles.
5.3.13. If the money sent by the electronic payment system is not credited to the Client’s account within ten (10) business days, the Client may require the Company to conduct an investigation on the transfer. The Company can provide the Client with the payment proof of the made transfer in the form of screenshot
5.3.14. The Client understands and agrees that investigation and requesting documents may require paying costs that will be covered by the Client. The payment method used to cover costs is chosen on an individual basis and may enquire transfer of the necessary amount to the Company accounts or debiting of the amount from the Client’s account.
5.3.15. If on sending the money funds, the Company’s employee makes an error, and such an error caused non-delivery of funds to the Client’s account, expenses paid to settle this situation shall be covered by the Company.
5.3.16. If on submission of the “Instruction on withdrawal of funds from the account” the Client makes an error the details of the error was made by the Client, and such an error caused non-delivery of funds to the Client’s account, expenses paid to settle this situation shall be covered by the Client .
5.3.17. The Company at its sole discretion may require the Client to use bank transfer as the only withdrawal option no matter which funding method was used.
5.4. Methods of funds withdrawal from the Client’s account
5.4.1. Bank currency transfer
126.96.36.199. The Client submits “Instruction on withdrawal of funds from the account” via the bank currency transfer at any time, if at the time of the transfer, the Company provides this option of money transfer.
188.8.131.52. The Client submits “Instruction on withdrawal of funds from the account”. The instruction submitted to the bank account of third parties is not accepted by the Company.
184.108.40.206. The Company must send money to the Client’s bank account according to the details provided in the “Instruction on withdrawal of funds from the account” if it meets requirements listed in the clauses 220.127.116.11 of the present Regulation.
18.104.22.168. Upon transfer of funds, the Company specifies purpose of payments provided in the Personal area. If the purpose of the payment changes, the Company will promptly notify the Client on the new purpose by its publication in the Personal area.
22.214.171.124. The Client understands and agrees that the Company is not responsible for the time required to process a bank transfer.
5.4.2. Electronic Payment Systems
126.96.36.199. The Client may submit “Instruction on withdrawal of funds from the account” via the electronic payment systems at any time, if at the moment of transfer the Company works with this type of transfer.
188.8.131.52. The Client submits “Instruction on withdrawal of funds from the account” only to his/her account in the electronic payment system. The instruction submitted to the bank account of third parties is not accepted by the Company. The Company must send money to the Client’s bank account according to the details provided in the “Instruction on withdrawal of funds from the account”.
184.108.40.206. The Client understands and agrees that the Company is not responsible for the time required to process the electronic transfer and circumstances, which arise through no fault of the Company such as those resulting from a technical failure upon making a transfer.
6. Antimoney laundry policy
6.1. By legalization (laundering) of income this Agreement understands the action aimed at transformation of money and other assets obtained through illegal activity (terrorism, drug trafficking, illegal arms trafficking, corruption, human trafficking etc..) into money or investments, which origin looks legitimate.
6.2. To combat legalization (laundering) of income, the Company reserves the right to apply its internal controls and programs for implementation of this policy, as well as to provide international organizations with assistance to fight against financing of terrorism.
6.2.1. The Company records and verifies identification details of the Client, as well as runs and monitors the detailed reports on all trades made by the Client.
6.2.2. The Company ensures monitoring of the Client’s trades that have signs of violations aimed at legalization of funds and operations that are carried under non-standard terms.
6.2.3. The Company does not accept cash as deposit and under no circumstances pays by cash.
6.2.4. The Company may refuse to process a trade at any stage if it has sufficient grounds to believe that an operation by any way relates to the illegal activities.
6.3. The Company reserves the right to investigate nature of doubtful non-trading operations provided by the clause 6.4. of this Agreement, thus suspend such operations until the issues caused them are determined and investigation is over.
6.4. Criteria for revealing and signs of doubtful non-trading operations
6.4.1. Non-trading operation may be considered questionable in the following cases:
• Detection of abuse with transfers without a trade being made on the account;
• Reveal of an unusual nature of operations, which have no obvious economic sense or an obvious lawful purpose;
• Reveal of the circumstances that give reason to believe that operations are purposed at legalization (laundering) of income received through crime or financing of terrorism;
• The Client’s failure to submit identification details, submission of false information and (or) the inability to communicate with the Client at the address and telephone numbers specified by him;
• Submission false or invalid documents;
• Reveal of the Client’s use of not unique billing information for making non-commercial operations.
6.4.2. The principle of detection of such operations is based on subjective assessment of the Company’s employees through daily analysis of non-commercial operations.
6.4.3. Criteria for revealing and signs of doubtful non-trading operations provided in the clause 6.4.1 are not mandatory or exhaustive. Non-trading operation can be recognized by the Company based on analysis of doubtful nature of an operation, its components, attending circumstances and interaction between the Client or his/her representative.
6.4.4. Upon revealing of doubtful non-trading operations, the Company shall decide on further action in relation to the Client and his/her non-commercial operations.
6.4.5. If the Company reveals suspicious trades on the Client’s account related to transfer of funds under the 6.4.1 of the present Agreement, the Company has the right to request paying a withdrawal commission up to 10% of the withdrawal amount, but not less than 10 USD, to cease such operations, or up to indemnify the cost of transfers between payment systems in full.
6.5. The Company is entitled to request the Client to provide identification, payment and other documents confirming the lawful possession and legal origin of funds.
6.6. Upon revealing of doubtful non-trading operations, the Company may:
• Refuse handling such operations;
• Restrict withdrawals from the Client’s account in any way at sole discretion of the Company;
• Return the funds earlier deposited to the Client’s account to the source payment details;
• Debit the commissions and bonuses for non-commercial operations from the Client’s account;
• Terminate relationship with the Client.
6.7. A refusal to handle a doubtful non-trading operation as well as termination of relations with the Client do not constitute grounds for civil liability of the Company for violation of the concluded agreements.
6.8. The Client acknowledges that identification information and the information specified by him/her when opening an account can be used by the Company under the anti-money laundering policy.
6.9. Under the international law, the Company is not liable informing the Client that the relevant authorities were notified of his suspicious activities.
6.10. The Client agrees that if the Company has a reason to believe that through the account of the Client money laundering is carried out or the holder of an account conceals or reports false identification information and details as well as if there is a reason to believe that operations on the Client’s account violate the present Agreement, the Company reserves the right to suspend all operations on the Client’s account to conduct necessary examination (check registration details establishment of identity of the Client, check history of operations and movements of funds etc.) to determine full circumstances.
6.11. To fulfill the recommendations on anti-money laundering, when the Client registers account and conducting any non-commercial operations or trades, the Company may require the Client to submit the two documents proving his/her identity and place of residence. In addition, the Company may request the Client to provide the following documents:
• Photo of the identity proof;
• Certified copy of any second document proving a personal identity;
• Contact details of the notary, who certified documents;
• Other necessary documents.
These documents are submitted in the form of an electronic copy or a copy certified by a notary as the Company decides at its sole discretion.
6.12. When the Client submits the documents in languages differ from the language used in the Services of the Company, they must be translated into relevant languages by an official translator. Translation must be in the printed form and signed by a translator with the original copy document provided to the Company.
6.13. The documents requested by the Company to identity proof of the Client must be provided by the Client to the Company within fifteen (15) business days from the date when such request was received.
6.14. Until the Company receives the documents requested to identity proof of the Client, the Company may suspend non-commercial operations and trades on the Client’s account including the operations on withdrawal of funds.
6.15. If the Client fails to provide the documents within fifteen (15) calendar days from the date when they were requested, the Company has the right to suspend all non-trading operations and trades on the Client’s, close all open trades at current market prices and block funds on the account on its own.
6.16. If the Client fails to provide the documents within ninety (90) calendar days from the date when they were requested, the Company has the right to block a personal account, cancel trades in the account(s) and transfer account(s) to the archive. The account can be restored at any time upon submission of documents.
6.17. The Client is responsible for authenticity of the submitted documents (copies), and recognizes right of the Company, if it has doubt in their authenticity, contact the law enforcement authorities of the country where document were issued to verify their authenticity. Upon reveal of document forgery, the present Agreement shall be terminated and the Company reserves the right to seek to prosecute the Client based on legislation of the country where document were issued. Upon termination of the Agreement under this clause, the Company has the right to close the Client’s open trades at current market price, disable the Client’s access to the Personal area, cancel trades on the Client’s accounts, transfer accounts to the archive, block the funds until the end of proceedings.
7. Handling trades
7.1. Handling instructions and orders
7.1.1. The order submission procedure:
220.127.116.11. The trade is concluded at the time when the Client and the Company agree about material terms of a trade. The Agreement is made through exchanging messages, such as a request to conclude a trade and confirmation of a trade. The following clauses of the present Agreement describe the procedure of agreement about material terms of a trade.
18.104.22.168. Before opening a trade, shall select the available material conditions.
22.214.171.124. Having determined availability of essential terms, the Client must read other essential terms of a trade offered by the Company, for a set of conditions chosen by the Client — the target level or target levels.
126.96.36.199. To conclude a trade, the Client submits the Company a request to enter into a trade, which contains all the above material terms of a trade, both selected by the Client and offered by the Company. In the Client platform a request is submitted through pressing “GO” button, or via “One Click” mode by pressing the “Above /below” button.
188.8.131.52. Under sustainable Internet connection between the Client platform and the Company server, a request to conclude a trade comes to the Company server, where it is checked for accuracy and compliance with current market conditions. Further, the order is either executed or canceled by the server. If a trade is concluded, Bet amount is deducted from the Client’s account.
184.108.40.206. The request to enter into a trade may be rejected in the following cases:
• the bet amount exceeds the available balance of the amount on the Client’s account;
• the time to accept trades is over;
• trading hours of the selected asset are over;
• a significant change in the rate of the asset from the moment of sending the the Client’s request to processing it on the Company’s server;
• in other situations provided by the present Agreement.
220.127.116.11. The Company’s server sends a message with result of the request to conclude a trade to the Client platform. Under sustainable Internet connection between the Client platform and the Company server, the Client will see a trade in the “Open trades”. If a trade is rejected, the Client will see an error message. Each opened trade is assigned a unique identification number — “ID of a trade”.
18.104.22.168. If upon submission of a request to conclude a trade, the Client has not received any error messages or information on a new trade in the “Open trades” within a reasonable time, he/she can be neither sure that a trade is concluded (confirmed) nor it is rejected. To clarify the status of a trade, the Client needs to contact the Client support.
22.214.171.124. The Client is not allowed cancel a request to enter into a trade after sending it to the Company’s server.
126.96.36.199. The information about the payment rate is specified in the Client platform after selecting the material terms of a trade, but before a trade is confirmed by the Client.
7.1.2. Trades closing procedure:
188.8.131.52. On expiry of the time specified by the Client at the time when a trade is concluded (“Duration”), a trade is closed at the current market price of the trading server.
184.108.40.206. Upon closing a trade, the estimated amount of payment is credited to the account of the Client.
220.127.116.11. After a trade is closed, it will be removed from “Open trades” tab and displayed in the “History of trades” tab.
18.104.22.168. The Client is not allowed to close a trade after it is concluded, if this option is not provided by the Company in the Client platform.
7.1.3. Processing time of order and instruction depends on the quality of connection between the Client platform and the Company’s server as well as on market conditions. Under normal market conditions, processing time of the Client’s order or instruction is usually from 0 to 4 seconds. Under abnormal market, conditions may significantly increase the time required to process the Client’s orders or instructions can be.
7.1.4. When working with the Client platform, the Client is allowed to use only one browser tab. If multiple browser tabs are used, trading results can be adjusted and (or) nullified (canceled).
7.2. Types of options
7.2.1. Binary option “Above/Below”
22.214.171.124. The target level of a trade — the Open price of the option.
126.96.36.199. Profit/loss zone of the binary option:
• A profitable area for binary options with the direction of change in price “above”, if at a given time price of instrument is above the target level of the opened trade.
• A profitable area for binary options with the direction of change in price “below” if at a given time price of the instrument is below the target level of the opened trade.
• In all other cases, the option is based in the money-losing area.
188.8.131.52. Payment for the option is calculated as follows:
• If by expiry of the option, it is based in the profit zone, the payment formula is B+B*K1/100, where B is the bet amount, K1 is income rate of a trade in terms of percentage points.
• If by expiry of the option, it is based in the unprofitable zone, the payment formula is B * B2/100, where B is the bet amount, K2 is return rate of a trade in terms of percentage points.
184.108.40.206. Duration and expiry time of a trade:
• Expiry time of a trade can be the interval from a few seconds to several days.
• For the “1 minute” trade, expiry time is exactly 1 (one minute) since opening time of a trade.
• For the trades lasting more than 1 minute (“30 minutes”, “1 hour” etc.), — expiry time is equal to the specified duration, but with adding the time elapsed before beginning of the next minute of a trade (for example, “1 hour” will be 60 minutes plus the number of seconds before beginning of the next minute since opening time of a trade).
7.3. Prices and charts
7.3.1. The Client acknowledges that the only reliable source of information on stream of prices is the server of the Company, supporting the Clients’ orders and trades.
7.3.2. The price on the trading server is formed as the average price of an asset at current moment based to the formula: (Bid + Ask)/2.
7.3.3. The Company expects that offered prices will adequately meet demand and supply on similar trades at any given time, but a number of factors such as delays in transmission of data through communications systems, large volumes or increased volatility can lead to divergence between the Company’s prices and prices from other sources. Any references made by the Client to prices of other trading or information systems are unauthorized.
7.3.4. Prices and charts in the Client platform are indicative by their nature, as in the case of unstable connection between the Client platform and the Company server, part of quotations from the stream may not reach the Client. When the Client submits an order, a trade will be concluded at the price, which is available on the trading server at the time when a trade is being processed. Therefore, the Company does not guarantee that a trade will be concluded at the price specified in the Client platform.
7.3.5. If the Client’s request was processed at the non-market price, the Company has the right to:
220.127.116.11. Upon closing a trade — adjust financial results between a fallacious Close price and real market price, corresponding to the time when a trade was closed at the non-market quote;
18.104.22.168. Upon opening a trade — fully cancel financial result for such a trade.
7.4.1. In exceptional situations under abnormal market conditions, the Company may process trades in a way that differs from the one provided in the present Agreement.
7.4.2. Exceptional situations imply “frozen” and “fast” markets.
7.4.3. Though the Company makes every effort handle a trade the way it would handle it under normal circumstances, in exceptional situations it reserves the right to:
• Reduce the payment rate;
• Increase in fees for extension of a trade;
• Cancel individual requests aimed to conclude, early close or extend a trade;
• Impose restriction on the number of requests from a single the Client at a given time;
• Limit duration expiry time of trades;
• Suspend trading with certain types of assets;
• Ban trades;
• Cancel trades.
7.5.1. If the Company reveals the fraudulent schemes related to:
22.214.171.124. The operations on credit cards and other funding methods that do not belong to the Client;
126.96.36.199. Use of software to produce false trading results;
188.8.131.52. Avail from system errors and failures to obtain false trading results;
184.108.40.206. And, if it has reasonable suspicion in respect of fraudulent schemes described above,
The Company has the right to block the Client’s account without a prior notification and preventing possibility of further withdrawal and (or) terminate the Agreement unilaterally and extra judicially.
8. Confidentiality and processing of personal data
8.1. When the Client opens and uses the account, he/she provides the Company with the personal data, which can be used for business purposes, such as: handling of requests, non-commercial operations, trades, notification about services, the Company’s promotions, special offers, as well as summaries of news, information and offers to express his opinion on the Company’s performance, direct work with the Clients, certification of identification. Personal data may include:
• Personal details specified upon opening of an account: name, surname, address, date of birth, passport number, e-mail address (e-mail) and telephone number;
• The information on the account opened with the Company.
8.2. Accepting the provisions of the present Agreement, the Client gives his/her consent to processing personal details, provided by the Client in respect of both a manual or automated procedure.
8.3. Personal data will not be disclosed by the Company to any third party, except for federal and state regulation authorities and law enforcement officials in response to the relevant and legally founded requests to obtain such information or in response to the orders of court or summons.
8.4. If the Client no longer wishes to receive any promotional information, he/she can unsubscribe by following the instructions included in each advertising message.
8.5. The purpose of processing personal data is compliance with the requirements of the regulatory legislation, as well as with the liabilities against the Client and other subjects of personal data for the purposes of the present Agreement.
8.6. To process personal data, the Company has the right to collect, record, systematize, accumulate, store, clarify (update, amend), extract, use, transfer (distribution, provide, enable access), depersonalize, block, remove, destruct or undertake any other action in compliance with the operating governing legislation.
8.7. The Company is allowed to storage and process the Client’s personal data as long as the present Agreement is in effect and during five (5) years from the date of its termination.
8.8. Any personal data that the Client provides the Company with will be treated as confidential and may only be transferred within the Company, its subsidiaries, business partners, counterparties to the extent that it is required to conduct business including banking and credit relationship.
8.9. The Client acknowledges and agrees that when it may be required to provide the Personal data to a third party to achieve objectives of the Agreement as well as to attracting third parties to provide services for these purposes, the Company may disclose the information about the Client including personal data to the extent required to such third parties and their authorized representatives, as well as to provide such persons with the documents containing such information in order to implement the above actions.
8.10. The Company is not allowed to include the Client’s personal data in public sources of personal data except for cases provided by the governing legislation.
8.11. While processing personal data of the Client, the Company undertakes the necessary legal, organizational and technical measures to protect personal data against unauthorized or accidental access, destruction, modification, blocking, copying, provision, distribution as well as other illegal actions in relation to Personal data of the Client.
8.12. The Company has the “Comodo” certificate of information security protocol, which ensures the highest possible safety as applied to transfer of the personal data by the Client.
8.13. To reduce the risk of using the Client’s account by third parties, we recommend changing the password from the Personal area and the email address you used to open an account no less often than once per every two months. If the Client’s password can be obtained or is obtained by third parties, the Client must change his password immediately.
8.14. When the Client finishes working with the Service and completes trades in the Client platform or non-commercial operations in the Personal area, he/she must withdraw from the Service using a special function “Exit”.
8.15. To prevent steal of the personal data, it is recommended to:
• Use and regularly update anti-virus software on a personal computer;
• Regularly update the operating system and browser;
• Use the official software;
• Do not open emails or links from unknown senders.
9. Liability of the Parties
9.1. Liability of the Company:
9.1.1. If the Company violates the present Agreement, when it comes to the clauses within the responsibility of the Company, the Client may demand compensation for the real loss caused to him/her.
9.1.2. The Company does not reimburse the Client for lost profits, including the events when the Client intended to undertake any action, but did not undertake it for whatever reason.
9.1.3. The Company does not reimburse any indirect losses and moral harm.
9.2. Liability of the Client:
9.2.1. The Client agrees to be solely responsible for all acts performed by him/her under the terms of this Agreement.
9.2.2. The Client agrees to be solely responsible for all actions that result from use of access codes to his account.
9.2.3. If the Client violates provision of this Agreement, the responsibility for which is not provided, as well as in the event of any damage to the Company caused by the Client, the Company has the right to withdraw from the Client’s accounts the amount required to cover the damage without notice, and if there are no insufficient funds on the Client’s accounts to cover the damage caused, require depositing of missing funds to reimburse the damage in full.
9.2.4. The Company’s requirement to deposit missing funds to reimburse the damage in full, must be fulfilled by the Client within 10 (ten) business days.
9.2.5. The Client agrees to guarantee the Company, its officers, directors, employees, affiliates and agents covering all costs incurred as a result of lawsuits, liabilities, damages, losses and expenses including, but not limited to, reasonable legal costs and expenses in connection with the following: the Client’s access to the Service or using the Service, violation of any provision of this Agreement by the Client either improper or illegal use of the Client’s account.
9.3. Violations of provisions of this Agreement by the Client made during the validity period of this Agreement, shall be accepted for consideration by the Company, regardless of their age, by virtue where of the Company is entitled to filing a suit against the Client at any time.
9.4. The Client accepts and carries the full risks associated with termination or suspension of the operation of any of the electronic payment systems he/she uses. In such cases, the Company has the right to block withdrawal of funds on the Client’s trading account to the extent, which this payment system was used to fund the account within the last six months. Money funds may be up to six months or until the electronic payment system resumes its operation.
9.5. For failure and (or) improper fulfillment of other liabilities under this Agreement, the Parties shall be liable based on provisions of the present Agreement and applicable legislative rules.
10. Settlement of Disputes
10.1. All disputes that may arise during delivery of the present Agreement shall be settled by means of negotiations.
10.2. In the event of a dispute, if the Client finds his/her interests to be violated, must submit a claim against the Company.
10.3. Claim period:
10.3.1. The claim addressing relations between the Parties with respect to the trades must be submitted by the Client within 3 (three) business days from the date when the grounds for its submission arise.
10.3.2. The claim addressing the non-trading operations and other grounds, shall be submitted by the Client within 5 (five) days from the date when the grounds for its submission arise.
10.3.3. Non-submission by the Client of a complaint within the specified time means his/her agreement with actions of the Company and lack of any disputes and disagreements.
10.4. The claim submitted by the Client with violation of these terms, are not considered by the Company.
10.5. The claim must be submitted by the Client via the ticket system in the Personal area. The claims of the Client in another form (at the public website, by phone, fax or any other means) will not be accepted.
10.6. The claim shall have the following content:
• Full name of the Client;
• Account number;
• Description of the dispute.
10.7. The claim addressing the trading trades should also include:
• Date and time when a problem situation occurred (based on the trading server time);
• ID number of a trade.
10.8. The claim should not contain:
• Affective evaluation of a dispute;
• Insulting remarks about the Company and (or) its employees;
• Obscene language.
10.9. The Company has the right to reject the Client’s claim if it does not comply with the requirements of its submission under this Agreement.
10.10. The Company examines a claim and makes a decision on a dispute within the shortest possible time. If all required details are provided for its examination, the period for its consideration is:
10.10.1. For the claims addressing trading in the financial markets — three (3) working days from the date they are received.
10.10.2. For the claims addressing other grounds — twenty (20) calendar days from the date they are received.
10.11. To investigate the transfer and (or) examine a claim in details, the Company may request from the Client additional documents.
10.12. If the Company should request additional information and (or) documents from the Client to examine a claim, beginning of its examination is the time when all requested information and (or) documents they are received by the Company from the Client.
10.13. Log file of the Company’s server is the primary source of information on examination of a conflict related to the Client’s trades. The data in the server log-file has the overriding priority against other kinds of proof when it comes to examination of a disputed situation.
10.14. If a claim is deemed founded, its settlement can only be made in the form of a compensation payment credited to the Client’s trading account. The Company does not reimburse the Client for lost profits, including the event when the Client intended to undertake any action, but did not undertake it for whatever reason. The Company does not reimburse any indirect losses and moral harm.
10.15. If a decision made on a disputable situation is positive for the Client, the Company credits compensation payment to the Client’s account within one (1) business day.
10.16. If there is a dispute not provided by the present Agreement, the final decision on a claim is made by the Company based on generally accepted market practices, internal policy and the Company’s idea about a fair settlement of a dispute. To make comparison of prices, the Company is allowed to use any other source of prices for the Company based on their comparative analysis.
10.17. If agreement is not reached in the course of negotiations either the Client disagrees with decision of the Company, the dispute shall be transferred to the competent judicial authorities in the manner prescribed by the legal regulations.
11. Governing Law and Jurisdiction
11.1. The present agreement has been drawn up and operates under the legal provisions of the state of Saint Vincent and the Grenadines. All the aspects that are not covered by this Agreement shall be governed by the applicable legal regulations of the state of Saint Vincent and the Grenadines.
11.2. All disputes that are not settled by means of negotiations shall be transferred to the judicial authorities of the state of Saint Vincent and the Grenadines.
11.3. The Parties agree:
11.3.1. that the judicial authorities of the State Saint Vincent and the Grenadines have an exclusive jurisdiction in relation to the present Agreement;
11.3.2. they refuse any protest against proceedings of disputes arising out of this Agreement, in the courts of the state of Saint Vincent and the Grenadines;
11.3.3. never claim that such proceedings are conducted in an inconvenient place or that they have no legal effect in respect of any of the Parties.
11.4. If dispute is examined under the laws of the State of Saint Vincent and the Grenadines, the Company has the right to use services of interpreters on trial.
12. Validity, modification and termination of the Agreement
12.1. The Agreement between the Company and the Client shall enter into effect from the date when the Client opens account with the Company and shall be in effect for an indefinite period.
12.2. The Company has the right to unilaterally modify, add, rename, or leave unchanged any articles, clauses and subclauses of the present Agreement provided with that the Client receives a notification without fail. Amendment and adjustment to this Agreement shall enter into effect the next calendar day after the Client receives a notification, unless otherwise specified is provided in amendment or the notification.
12.3. Either party may unilaterally refuse to perform this Agreement by notifying the other party in no less than ten (10) calendar days before the expected date.
12.4. If the Client does not perform any operations on the account within ninety (90) or more calendar days in a row, the Company has the right to disable the Client’s account. The trading accounts disabled for this reason are transferred to the archive, and the Client is no longer allowed to log using access codes to this account in the Client platform. To unblock the account, the Client should contact the Company’s client service within 10 (ten) days from the date when it is blocked, whereupon the remaining balance will be available in three (3) working days. The trading accounts that have been staying dormant for one hundred (100) or more calendar days in a row with the remaining balance under 10 USD, can be removed by the Company without the possibility of recovery.
12.5. If the Client violates the present Agreement, as well as in the cases provided by the legal regulations, the Company may unilaterally terminate this Agreement immediately. Moreover, if the Client has opened positions at the time of termination of the Agreement, the Company has the right to close these positions based on the current market price. The Company shall returns to the Client or his/her legal representative balance on his/her accounts not exceeding the net receipts of funds (sum amount of all the Client’s deposits minus withdrawals) on the Client’s accounts. After that, the balance on the Client’s accounts shall be canceled and in the future, it can not be restored.
12.6. The Client agrees that the Company may, at its sole discretion, suspend or terminate fully or in part the Client’s access to services of the Company with subsequent notification given to the Client. In this event, the present Agreement is also deemed suspended or shall be deemed terminated as from the date when providing services the Client is suspended (terminated).
12.7. The Company has the right, without a the Client’s consent, to transfer rights and liabilities under this Agreement and its addendum, in whole or in part to a third party, provided that the assignee agrees to the terms of this Agreement and its addendum. The Client shall be notified in writing by the Company about such a transfer of rights and liabilities in no less than fifteen (15) calendar days before the expected transfer.
12.8. If the Company terminates its activities regulated by this Agreement, it shall notify the Client at least in thirty (30) calendar days before the expected termination. Funds on the the Client’s account, after closing of all trades, shall in this case be returned to the Client.
12.9. In the event of death of an individual the Client, the right withdraw funds from the Client’s account shall be transferred to his heirs or testamentary heirs. At the same time, the right to use the Client’s account and conduct operations in the financial markets is not transferred by inheritance.
12.10. Termination of this Agreement does not cancel liabilities of Parties against each other, which emerged earlier on the basis of this Agreement, including those liabilities in respect of open trades and deposit/withdrawal operations on the Client’s account.
12.11.The Company has the right to immediately without notice terminate the Agreement if it comes to light that the Client is under the age of majority under the laws of the country of his/her residence or when the Client is a citizen or a resident of those countries, where making deals on changes in rates of financial instruments is limited by domestic law.
13. Force majeure circumstances
13.1. The Parties shall not be held liable for failure and (or) improper performance of liabilities under this Agreement if such failure and (or) improper performance is caused by force majeure circumstances, that is, such that the Parties could not reasonably expected or anticipate (prevent). In particular, such circumstances include: earthquakes, flood, tsunami and other natural disasters, man-made disasters, pandemic, acts of terrorism, riots, acts and regulations of authorities, embargoes, war and armed conflict or other circumstances beyond the control of Parties that are usually referred to as the force majeure circumstances.
13.2. Under the present Agreement, the circumstances excluding liability (force majeure) shall also include unlawful actions against the Company, its employees and (or) its property including hacker attacks and other illegal actions against the Company’s servers.
13.3. Under the present Agreement, force majeure circumstances shall also include suspension, liquidation or closure of any market or lack of any event, on which the Company bases its prices, either imposing restrictions or special or unusual trading terms on any market or any such event.
13.4. Under the circumstances excluding liability (force majeure circumstances) the Company reserves the right without prior notice to the Client, undertake any or more of the following actions:
13.4.1. Raise fees for extending of a trade;
13.4.2. Cancel certain requests for conclusion early closure or extension of a trade;
13.4.3.Impose restriction on the number of requests from a single the Client at a given time;
13.4.4. Limit expiry terms of certain trades;
13.4.5. Suspend trading with certain types of assets;
13.4.6. Fully suspend trading trades.
13.4.7. Close any or all open trades of the Client at the price deemed as fair by the Company;
13.4.8. Suspend and/or modify effect of one or more provisions of this Agreement and its Addendum for as long as the circumstances excluding liability (force majeure circumstances) are in effect;
13.4.9. Undertake any other actions (or refrain from taking any action) against the Company, the Client or any other Client, if the Company considers it appropriate under the circumstances.
13.5. The Party for which non-performance or improper performance of obligations under this Agreement has been caused by circumstances excluding responsibility (force majeure) shall disclose such circumstances to the other party within thirty (30) calendar days from the start of their actions.
13.6. The Party, which fails to notify the counterparty of occurrence of the circumstances excluding liability within the specified period, is not entitled to referring to them as the circumstances excluding liability.
14. Final Provisions
14.1. If there is a disagreement between versions of this Agreement, the version in English language has a priority over the versions of this Agreement in other languages.
15. Terms and Definitions
General terms and definitions
Binary option is a derivative financial instrument that is available for concluding trades in the Service and getting fixed income providing that certain terms on change in the asset’s price at the Close time are satisfied.
Trading session of the binary option is the period when trading with binary options is enabled and the Company’s server handles instructions and trades of the Client.
History of trades is the list of closed trades on the Client’s account listing the material terms.
Service of the Company is a set of programs for the Internet trading, which allows the Client to conduct non-trading operations and trades with binary options.
Trading instruction is the Client’s request to open or close a trade listing its material terms.
Company’s Server is the software product of the Company, through which the Client is provided with the information on prices of assets and which handles and stores the information about the Client request to open or close trades, verifies incoming sales orders, accounts for trades, determines the financial result of trades.
Internet resource (synonyms are “web resource”, “web site”, “web service”, “site”) is an information system using web-technologies in data passing and presentation for public information services on the Internet. Internet resource has a permanent domain name (URL) on the World Wide Web, which allows to access the Internet resource.
Balance is the total financial result of all the non-trading operations on the account including the bets made and payments received on closed trades.
Bonus is the amount on the Client’s account credited by the Company that is available for making bets and withdrawals.
Credit is the amount on the Client’s account, which is available for making bets, but is not available for withdrawal.
Equity is the amount on the Client’s account, including the Balance, Bonus and Credit funds on the account.
Asset (symbol, tool, financial instrument) is a currency pair or contract on difference; changes in its price determine the amount of payments on binary options.
Bet rate is the amount that the Client pays to the Company at opening of a trade.
Closed trade is the trade, for which payment was made.
Closing trade is settlement of payment under the concluded trade when a trade is expired or settlement according to the Client’s instruction on early closure, if it is provided by the Client platform.
Direction of the rate’s change is a material condition for binary options, which means the Client’s forecast on change of rate of the asset.
Duration of a trade is the time between opening and closing of a trade
Expiry time of a trade (expiry term of the option) is the moment when the terms for the payment on a trade number) is a unique identification number assigned by the Company’s server to every trade.
Materials terms of a trade is the conditions governing the payment rate on a trade, which a trading instruction must contain:
• type of trades;
• financial instrument (binary option on an asset);
• duration of a trade;
• profit/return ratio;
• direction of a price change;
• expiry date of a trade;
• bet rate;
• target level(s).
Opened trade is a trade, for which payment is not made yet and which will be closed on expiry of a trade or according to the Client’s order for early closure, if it is provided by the Client platform.
Opening of a trade (conclusion of a trade) is the operation when material conditions of a trade with binary options are agreed matching between the Client and the Company, whereupon a trade with the binary options is made.
Profit factor is coefficient that determines the amount of profit if a trade is closed in the profit area.
Return ratio is a ratio, which determines amount of refund if a trade is closed in the unprofitable area.
Target level is the price of asset, which should be reached on not to satisfy the payment condition on a trade.
Trade is the agreement between the Client and the Company, under which the Client shall pay the bet rate and the Company undertakes to make payments, provided by the terms of selected type of the binary option.
Type of a trade (type of binary option) is a set of specific conditions that determine payment the Client.
Calculation of the financial result of a trade
Return is the amount that is credited to the Client’s account if a trade is closed in unprofitable areas.
Payment is the amount that is credited to the Client’s account upon closing of a trade.
Profit is the sum exceeding the bet amount that is credited to the Client’s account, if a trade is closed in the profit area.
Profit area is the price level of an asset, which should be reached so that the Client would be paid profit.
Unprofitable area is if the asset price reaches this level, the Client will not be paid profit.
Ask is the higher price in the quotation.
Bid is the lower price in the quotation.
Price of a financial instrument is the information about the current rate of an asset defined based on the formula (Ask + Bid)/2.
Quoting is providing the Client with price stream to conclude a trade.
Rate is 1) for the currency pair: the value of the base currency in the terms of the quoted currency; 2) for the contract on difference: the price of base asset unit expressed in money.
Other terms and definitions
Available market price is the current price at which a trade is concluded. The Company does not guarantee that a trade will be executed at the prices specified in the Client platform. When the Client submits a trading order, a trade will be open by the price available on the market (current price) at the time of opening of a trade on the Company’s server.
Affiliated parties is the individuals, whose relations may affect the financial condition or results of operations. Affiliated parties may be recognized as such if details such as passport details, address, phone, e-mail, IP-addresses, payment details etc coincide.
Bank cards is the identification means on a plastic carrier, which grants a recipient with the opportunity to carry out payment trades for goods and services as well as to withdraw funds.
Base quotations is information about stream of prices.
Chart is the stream of prices, represented in the graphical form.
Clearing is the mutual settlement on non-cash funds conducted for the rendered services between the Company and its contractors, banks and liquidity providers based on the terms of cooperation. During the clearing there are no quotations on the Company’s server and trades as well as non-trading operations are disabled.
Company is a legal entity providing services under the Client Agreement and its addendum.
Company’s Account is a bank account of the Company and/or the Company’s account in the electronic payment system, as well as the Company’s account in the processing center.
Contractors and partners is liquidity providers, banks, brokers and other organizations, which the Company cooperates and has a contractual relationship with.
Currency of Account is the currency in which the sum of all non-trading operations and trades including betting, refund and payment are nominated and calculated. Account currency is picked on opening of the account and can not be changed later.
The Client is a capable individual, who attained 18 years of age, a citizen and (or) a resident of any country, who has entered into the agreement with the Company to receive services provided through the Service.
The Client’s Account is a special personal account in the internal records system, opened by the Client with the Company, which keeps records of liabilities of the Company and the Client arising from trading operations and trades made by the Client under the Client Agreement.
The Client Agreement is the agreement between the Company and the Client, which sets and regulates working conditions for the Company and the Client.
Disputable situation means 1) a conflict arising when the Client believes that the Company, as a result of any action or failure to act has breached one or more of the Terms of Business; 2) the Company believes that the Client as a result of any action or failure to act violated one or more of provision of the Agreement or its addendum; 3) when the Client makes a trade on an error quote (spike), or before the first quote comes to the trading platform at market opening, or on a quote received by the Client due to manifest error on the part of the Company or software failure on the trading platform.
Dynamic Password is the code purposed to confirm the operation on withdrawal of funds from the Client’s account and sent as an SMS message to the phone number specified by the Client during registration. All requests for withdrawal of funds from the account that are not confirmed by the dynamic password shall be rejected automatically.
Electronic payment system is the payment system, which operates with digital money.
Enrollment of funds is crediting of funds transferred by the Client to the Client’s account.
Explicit error means either the execution (processing) of an order on the quote, which does not correspond with an actual average price level at the time of the implementation of such an operation, or the execution in contradiction to the Company’s regulation documents and/or common business practice.
Fast Market means a market characterized by rapid price fluctuations over a short period often causing price gaps. A fast market may occur immediately before or after important events such as:
- release of influential macroeconomic indicators for the global economy;
- decisions by central banks on interest rates;
- press conferences and statements by central banks officials, heads of state, financial ministers or other significant announcements;
- government intervention in the currency market;
- terrorist attacks of great impact;
- natural disasters leading to the declaration of a state of emergency (or comparable measures) in the affected regions;
- war or other significant military actions;
- political force majeure: dismissal or appointment (including election results) of top government officials;
- other events which cause significant price movements.
Frozen market is the market condition when the quotes coming to the trading platform less often than under normal market conditions for an extended period. As a rule, such market conditions are typical for the Christmas holidays and national holidays in the source country of an asset.
Instruction in withdrawal of funds is a request submitted through the Personal area to withdraw funds from the account to receive them to the account of the Client or an authorized person.
Interdependent accounts are the trading accounts opened by affiliated persons noticed by the use (but not limited to) of the same identification details, payment or network details (accounts managed from one IP address, or/and with the same cid are deemed as a single trading account).
Log file of trading server is the file, on which the server of the Company records all requests and orders received from the Client up to a second, as well as the results of their handling.
Non-market price, Spike is the price satisfying each of the following conditions: a significant price gap; within a short period of time the price returns to the initial level with a price gap; lack of rapid price movement before that quotation arose. The Company has the right to remove a non-market quotation from a database of quotations of the trading server.
Non-trading operation means deposit/withdrawal of funds or providing/return of a bonus or a credit.
Normal market conditions mean: a) no considerable breaks in the flow of quotes; b) low volatility; c) no large price gaps.
Opening of market is reopening of trades after a weekend, holidays or after a break between trading sessions.
Owner of the bank payment card is the person, whose details are on the card (full name, signature’s sample) and authorized to dispose the card account.
Personal area is the Client’s personal profile in the Service, which displays personal details of the Client and the information on his accounts, and where he/she disposes non-trading trades and contacts the Company.
PhotoID is a photo of the Company’s Client of a good quality taken him holding the main fold of identity proof (or other document confirming his/her identity) with a clearly visible face and a photo in the document without any adjustments made in the graphical editor.
Point (Pip) is the smallest price unit; the smallest possible increment of a price change.
Processing center is a legal entity or its structural division, providing informational and technological interaction between participants of settlements.
Providers of quotations are the partners of the Company: brokers, banks, exchange or ECN providing stream of quotation of assets.
Stream of quotations is a sequence of prices for each instrument received at the Company’s server.
Time of trading platform means Eastern European Time, EET is equal to GMT+2 in winter and GMT+3 in summer. Charts in the platform as well as recording of any event in the log file of a trading server are displayed based on this time.
Withdrawal is withdrawal of funds from the Client’s account and transfer of them to the Client’s payment details specified by the Client in the “Instruction on withdrawal of funds from the account”.
Working time of the Company is the period during the week when the Client platform and the Company’s server provide the processing of trades. The exception is weekends and holidays, temporary changes in the internal regulations of the Company as well as the time when rendering services to the Client is not possible for technical reasons. In these cases, the Company must take all possible measures to notify the Client about the change in the working mode and to allow the Client to eliminate the risks arising from this.