Client agreement

1.1 This Agreement sets out the terms and conditions governing the operation of the Client's Trading Account with the investment company LivingTradeFX (hereinafter referred to as the investment company).
1.2 This Agreement comes into force from the date of registration of the Client's Trading Account.
1.3 Other materials that explain the basics of the investment company with the Client, but are not part of the Agreement, include the Company's Website, Trading Platform and additional agreements.
1.4 The Investment Company recommends that the Client familiarize himself with the documents regulating the Client's work with the investment company, and if any points require additional clarification, contact the Investment Company Client Support Service. This Agreement sets out the rules for the provision of trading services, unless the parties have agreed otherwise in writing. The contracts that the investment company concludes with the Client under this Agreement are binding and subject to mandatory execution. By submitting an electronic application on the website of the investment company, the Client confirms that he accepts the terms of this Agreement. &
1.5. The official language of the investment company is English. If in doubt about the content of the document, the English text will prevail. The investment company may provide customer support in local languages.
2.1 In the event that several individuals act as a client, such individuals agree to be jointly and jointly liable for obligations under this agreement and release the investment company from any claims, costs and obligations that may arise between such individuals in the process or as a result of working on their trading account with an investment company.
2.2 Each co-owner of a joint account agrees that the orders and orders of any co-owner are lawful and do not require confirmation by other co-owners on the trading account.
2.3 A notice sent to any co-owner is a notification to all co-owners.
2.4 In the event of the death of any of the co-owners (co-owners), the Company presumes that the account holders are co-owners with inheritance rights arising from the death of the testator. .
3.1 Operation on the Client's Trading Account is governed by the terms of this Client Agreement and its annexes.
3.2 The Investment Company executes the Client's orders as an agent, unless otherwise provided. The investment company may use the services of another broker or affiliate to execute orders. All transactions are governed by the rules and policies of the respective markets and clearing houses and applicable law.
3.3 The Client does not acquire ownership of any Underlying Instrument in the process or as a result of working with an investment company. The Investment Company does not transfer any Basic Instruments or other rights to the Client.
3.4 Messages sent via the website or email are valid as written communication.
3.5 The Investment Company may request the provision of information on the relevant knowledge and experience of the Client in order to assess the acceptability of the service or Product for the Client; and in the event that this service or Product is unacceptable to the Client, the investment company has the right to send the Client a corresponding notification. If the Client does not provide the requested information or if the Client provides inaccurate or incomplete information, the investment company will not be able to assess the suitability of the product or service for the Client. In this case, the investment company has the right to refuse the Client to open an Account. However, the investment company is not obligated to evaluate or guarantee the acceptability of any service or product for the Client.
4.1 The Client acknowledges, understands and agrees that:
4.1.1 Any market comments and information provided to a client by an investment company or an investment company's introducing broker does not constitute an offer to open / close any trade and does not constitute trading recommendation or advice;
4.1.2 Such comments and information are based on data obtained from reliable sources, in the opinion of the investment company, but, nevertheless, may be incomplete, inaccurate and irrelevant and the investment company is not responsible for the completeness, accuracy and relevance of such information and comments;
5.1 By concluding this Client Agreement with an investment company, the Client declares and guarantees the following:
5.1.1 The client is of sound mind, has reached the age of majority and has full legal capacity.
5.1.2 If the Client is a legal entity, it is duly incorporated in accordance with the legislation of his jurisdiction.
5.1.3 The Client undertakes to duly fulfill all obligations stipulated by this Client Agreement.
5.1.4 When performing this Agreement, the Client does not violate any charter, rules, regulations, statutes, regulations, ordinances, etc., applicable to the Client.
5.1.5 The client undertakes to provide all documents and information requested by the investment company.
5.1.6 The Client hereby warrants that trading in the OTC markets is an acceptable activity for him.
5.1.7 The Client has read and understands the Risk Disclosure Statement provided by the investment company.
5.1.8 The Client undertakes to regularly familiarize himself with possible changes and additions made by the investment company to the Client Agreement, annexes and additions to it, as well as the investment company's policies and notifications.
5.1.9 When opening an order, the Client fully understands the conditions of this order, as well as possible risks and made a decision to open / close this order independently and based on my own judgment.
5.1.10 The Client declares that all information provided by the Client, including information regarding the Client's trading experience and knowledge of investments, is true and complete, and undertakes to promptly notify the investment company of any changes to the information provided.
6.1 Before starting to work on a trading account, the Client, as well as in the case of a joint account - the co-owner / s of the trading account must provide information and documents requested by the investment company as part of the KYC procedure and in accordance with the AML policy.
6.2 The Client's refusal, as well as in the case of a joint account - the co-owner / s on the trading account to provide the requested documents and / or information may be the basis for the suspension of the client's trading on the trading account.
6.3 The Investment Firm reserves the right to liquidate open positions at the request of any regulatory, legislative or similar body of the applicable jurisdiction, as well as take other actions in accordance with the instructions of the above bodies.
7.1.1 To start working with the platform, the client needs to receive secret access data from the investment company: username and password. The client hereby declares that: Is responsible for the safety of secret access data and their use; Is responsible for non-disclosure of secret access data to third parties; The investment company accepts for execution instructions and orders sent using the client's secret access code, and the client is solely responsible for the results of the execution of such instructions and / or orders; The client undertakes to notify the investment company about unauthorized
7.4.1 The client is responsible for meeting the margin requirements. If the Margin on the Client's Account is less than necessary for the transaction that the Client intends to open, the investment company has the right to reject such a Transaction. Margin requirements must be met prior to placing a Trade and must be maintained as long as the position remains open.
7.4.2 The margin is calculated using the leverage set for the Client's Account. Leverage can be expressed as a ratio, percentage, number, or in any other form applicable to the Instrument or foreign currency.
7.4.3 Leverage Settings will be set by default to Trades placed in the Client's Account.
7.4.4 The Company reserves the right to change the method of calculating the Margin.
7.4.5 The case when the Equity of the Client's Account falls below the Used Margin is classified as default by the Client. In this case, the investment company has the right to close all Open Positions of the Client immediately and without prior notice, as well as refuse to execute new transactions until the Equity of the Client's Account is restored to the amount of the Used Margin. The Client is solely responsible for monitoring his Account (s) in order to maintain Equity above the Used Margin level.
7.4.6 The actions set out in this clause 7.4 are designed to limit the Client's trading losses. However, the Client is liable for possible losses.
7.5.1 The investment company has the right to change the leverage on the client's account without prior notice in accordance with, including if the client's trading style is considered highly risky for the investment company.
8.1 The investment company has the right to transfer all or any position in the client's account overnight at rates determined by the investment company.
9.1 The following events are defaults:
9.1.1 Refusal by the client to fulfill any obligations to the investment company for any reason, including the inability or unwillingness to pay the amounts payable by the client in favor of the investment company.
9.1.2 Bankruptcy proceedings initiated against a client.
9.1.3 Violations by the Client of the terms and conditions of this Agreement or the case when the information provided by the Client is or becomes untrue, inaccurate, incomplete or incorrect;
9.1.4. Repeated failure of the Client to fulfill obligations to timely pay the Company the amounts that were due, including non-fulfillment of margin requirements;
9.1.5. The investment company cannot contact the Client within a reasonable time;
9.1.6. The Company reasonably believes that the adoption of the measures set out in clause 9.2 is appropriate for the purposes of the relevant regulatory requirement applicable to the investment company or the Client.
9.1.7 A requirement by a regulatory body to perform one or more of the actions described in the next clause 9.2 of this Agreement.
9.2. In the event of the occurrence of the events described in the previous clause 9.1, the investment company has the right to take the following actions at its discretion:
9.2.1 Terminate this Client Agreement without prior notice to the client.
9.2.2 Close open positions (open position) on the client's trading account.
9.2.3 Deny or suspend client access to the platform.
9.2.4 Reject the execution of any client order.
9.2.5 Restrict the client's trade.
9.2.6 Comply with law enforcement requirements.
9.2.7 In case of fraud, return funds to the owner or to sources indicated by law enforcement.
9.2.8 Cancel profits made using artificial intelligence or prohibited trading methods or any friend activities described in clause 9.1 of this agreement or contrary to the principles of cooperation between the client and the investment company.
9.2.9 Submit a claim for damages and damage, including reputational damage, incurred by the Company, as well as assign the right to receive this debt to third parties.
9.3. Without limiting the right of the investment company to take the actions set forth in this clause 9, the investment company has the right to suspend work on the Client's Account if:
9.3.1. The investment company has reasonable grounds to believe that a default has arisen or may arise, but there is a reasonable need to investigate the relevant circumstances in order to confirm such a fact;
9.3.2. The Investment Company has reasonable grounds to believe that the Client does not fully understand the essence of the Transactions that it places or the corresponding potential risks;
9.3.3 The investment company has not received, within a reasonable time, information that, in the opinion of the investment company, is necessary for the implementation of this Agreement; and / or
9.3.4 The Investment Company has reason to believe that there was an attempt to unauthorized access to the Client's Account and / or a breach of the security system of the Client's Account or that there is a threat to the security system of the Client's Account.
9.3.5 The Client undertakes not to use abusive trading methods such as, but not limited to: Scalping - A trade closed within a time less than or equal to 120 seconds from the moment of opening. Pip Hunting - A trade closed in such a way as to make a profit of one pip.
9.3.6 The company has the right to cancel profits obtained as a result of the use of non-normative trading methods
10.1 Confirmation of trades is carried out online as trades are executed and is immediately reflected in the "Open Positions" window, in the Account Statement and in the Trade History, which are correct and final.
10.2 Written objections from the Client's side must be sent to the investment company to the official email address of the investment company and will be deemed received only if they are actually delivered or sent from the Client's mail registered with the investment company as the client's email address.
10.3 Nothing in this agreement excludes the right of the investment company to correct any errors when they are found, and the Client hereby agrees that such errors that could lead to both profit and loss should be fixed.
11.1 The Investment Company and its partners and service providers are not liable to the Client for any loss, expense, damage or expense incurred by the Client, directly or indirectly, for any reason beyond the control of the Investment Company, including, among other than natural disasters, force majeure situations, civil unrest, wars, riots, international interventions, government actions (including but not limited to currency restrictions, confiscation, nationalization, depreciation), market conditions, breakdown or malfunction of any transmission system, or communication.
12.1 A dormant account is a Client's trading account, on which no transactions have been carried out within one calendar month.
12.2 If the dormant trading account has a positive balance, the investment company has the right to charge a commission of up to 25 Euros for each month of the period when the trading account is dormant.
13.1. The website, the Trading Platform, software, documentation and other information, data and materials that the investment company may provide to the Client directly or with the help of third party service providers and / or licenses are the property of the investment company. company or third party service providers and / or licenses.
13.2. All copyrights, trademarks, industrial property rights and other intellectual property rights to the Materials of the investment company, including, but not limited to, all updates, modifications, compilations and optimizations, as well as all derivative works based on the Materials of the investment company, are the property of the investment company (or third parties who provide services or licenses where applicable).
13.3. The Client has the right to access and use the Materials of the investment company only in the manner established for working on the Client's Account under this Agreement.
13.4. The Client undertakes not to transfer the Materials to the investment company in full or in part to anyone, not to copy or reproduce these materials in full or in part without the prior written permission of the investment company.
13.5. The Client undertakes not to remove, hide or distort the copyright marks or other indications of the copyright of the Materials of the Investment Company.
13.6. Except as expressly permitted by this Agreement or any other written agreement between the Client and the investment company, the Client is not entitled to:
13.6.1. Modify, translate or create derivative products based on any products and materials of the investment company;
13.6.2. Take any action that compromises or calls into question, may compromise or call into question the use by another client of any Materials of the investment company or the rights of the investment company or third parties that provide services or licenses to Investment company materials; or
13.6.3. Perform engineering analysis, decompilation or parsing of any Materials of the investment company, including software, or otherwise attempt to disclose the software code of the above.
13.7. The Client undertakes to immediately inform the Company about any unauthorized use or violation of the rules for the use of any Materials of the investment company, about which the Client became aware and to the extent reasonably requested by the Company, to assist the Company in eliminating such violation and / or taking the necessary measures to prevent similar situations in the future.
14.1. The investment company is not responsible for:
14.1.1. Events outside the control of the investment company;
14.1.2. Failure to comply with obligations by a third party;
14.1.3. Actions taken by the Company in the context of a force majeure situation, correction of an obvious error, as well as in case of default by the Client.
14.1.4. Interruption of communication (for any reason), including but not limited to the inability to use the website (including the Trading Platform) or the telephone system of the investment company.
14.1.5. Use, operation, operational efficiency and / or refusal and interruptions in the operation of third-party trading systems, their software or services that are not provided by an investment company;
14.1.6. Any claims for reimbursement of losses, expenses, costs or debt obligations that fell on the Client (in the aggregate "Claims"), unless such expenses were incurred as a result of violation of this Agreement, negligence or willful default.
14.2. The investment company is not liable for consequential losses that are a side effect of the main loss or damage and which cannot be foreseen for either the investment company or the Client.
14.3. The investment company is not liable to the Client for lost profits and / or lost opportunities in the trading process.
14.4. The limitation of liability in article 14 applies regardless of whether the investment company was aware of the possibility of such a claim.
14.5. The investment company does not guarantee protection against any potential potential risks described in this article 14.
15.1 The client's account is activated after the client has deposited an amount equal to or greater than the amount of the minimum initial deposit, the amount of which is set by the investment company at a specific point in time.
15.2 The Client may make deposits to his trading account at any time during the term of this Agreement. The methods of replenishment are established by the investment company at the corresponding point in time. Detailed information on the methods of depositing funds is indicated on the website of the investment company.
15.3 The investment company has the right to request from the client any documents confirming the source of origin of funds deposited into his account with the investment company, and also not to accept the client's deposit if there are doubts about the legality of the origin of funds. The investment company does not accept anonymous payments or payments made by third parties to the client's account.
15.4 If the funds deposited by the client were not credited to his trading account within a reasonable time, the client is obliged to notify the investment company and provide all the necessary documents to search and track the transaction.
15.5 After receiving a request from a client to withdraw funds from a trading account, the Investment Company withdraws funds from the client's trading account to the same source from which the deposit was made.
15.6 The investment company reserves the right to refuse to execute the request for withdrawal, in whole or in part, if:
15.6.1 Information in a customer's withdrawal request is incomplete, untrue, or out of date;
15.6.2 Withdrawal of funds is requested to an account from which a deposit was not previously made and / or to an account that does not belong to the client;
15.6.3 At the time of the revocation, the client's balance is less than the amount specified in the revocation request, including all fees;
15.6.4 In case of force majeure;
15.6.5 The investment firm reasonably believes that funds may be required to meet margin requirements;
15.6.6. The free margin on the client's trading account is insufficient to fulfill the corresponding withdrawal request;
15.6.7. There is a certain amount to be paid, but not paid by the Client in favor of the investment company;
15.6.8. Required by relevant legislation.
15.7 The investment company reserves the right to reject a request to withdraw the client's funds from the trading account if he asks for a specific transfer method, and also has the right to offer an alternative transfer method.
15.8 All fees for the transfer of funds are borne by the Client.
15.9 The investment company is not responsible for errors made during the execution of the withdrawal of funds from the trading account if they were not made through the fault of the investment company.
16.1 The client understands, acknowledges and agrees that the investment company may at any time make changes or amend this agreement, including the Appendices thereto, and the client hereby undertakes to familiarize himself with such edits and updates on the website of the investment company.
16.2 Changes and additions come into force from the moment they are published on the website of the investment company.
17.1 This Agreement is valid until its termination and can be terminated by the client within 10 working days, provided that there are no open positions on the client's trading account and / or outstanding obligations to the investment company.
17.2 This Agreement may be terminated by the investment company at any time after sending the Client a written notice of termination of the agreement, provided that the termination does not affect any transactions concluded earlier, and does not release either party from any obligations, set out in the present of the current Agreement.
17.3 Notification of any party to terminate the contract does not relieve the client of any obligation to the investment company.
18.1 The client hereby agrees that conversations between the client and the investment company, including but not limited to its employees or partners, may, at the investment company's discretion, be recorded.
18.2 The client hereby acknowledges that such records are the property of the investment company and can be used as evidence in the event of any dispute or proceedings between the client and the investment company.
19.1 This Agreement shall be governed by and construed in accordance with the laws of the Dubai, without applying the rules of private international law.
19.2 Any dispute or dispute between customer and company will be resolved in accordance with Dubai law.
19.3 This Client Agreement is a legally binding agreement between the client and the company.