The present Customer Agreement regulates the legal relationship of the Client with the Company Alantra Limited. The present Agreement may be changed and/or amended at any time without prior notice. By accepting the present Agreement, the Client agrees that he/she is solely responsible for reviewing the correspondent changes and/or amendments to the present Agreement on the Company’s web site.
The Client is strongly recommended to read the present Agreement before starting to work with the Company, as this document regulates the legal relationship between the Client and the Company, and sets out the working principles of the Company.
1.1. This Agreement is entered by and between Alantra Limited (hereinafter referred to as "the Company"), on the one hand, and the Client (legal entity or individual), that has been accepted by the Company as a Client, on the other hand.
1.2. The registered office of the Company is situated at 1 Bartholomew Lane, London, United Kingdom, EC2N 2AX.
1.3. This Agreement shall be binding for the parties and their permitted successors and assigns.
Commencement of Work with the Company
2.1. After the Client’s filling in and submitting the Trading Account Opening Application to the Company, as well as providing all the documents required by the Company, the Company opens a Trading Account for the Client.
2.2. The Company accepts an individual as a Client after the Client’s providing all the necessary documents and after passing the Company’s internal check, including, where appropriate, checking the conformity with the Anti-Money Laundering and Counter-Terrorist Financing Policy.
2.3. The Company reserves the right to reject the Trading Account Opening Application, submitted by the Client.
2.4. The Agreement shall take effect upon its acceptance by the Client.
2.5. The Client shall provide only true, accurate, and complete information, as well as notify the Company about any changes in the personal data of the Client, which have been provided to the Company.
2.6. In case the Client appoints a Co-beneficiary, this person shall provide to the Company the required information in order to comply with the clause 2.6. of the present Agreement and complete the account activation process.
Co-beneficiaries of a Trading Account
3.1. All the Co-beneficiaries of the Trading Account bear joint responsibility for the correspondent Joint Trading Account.
3.2. The Company has the right to send notifications either to the Client or to the other Co-beneficiary of the Trading Account, nevertheless, the orders, given by one Co-beneficiary, are appropriate and rightful orders of the Client, and the Company is not bound to inform other Co-beneficiaries of the Trading Account and/or receive correspondent approval from them.
3.3. The Company reserves the right to request the approval of an order and/or instruction from all the Co-beneficiaries of the Joint Trading Account.
3.4. In case of death or legal incapacitation of the Co-beneficiary (Co-beneficiaries) of the Trading Account, the Company reserves the right to accept instructions form the surviving Co-beneficiary (Co-beneficiaries). All the rights and responsibilities of the Client in relation to the Company also pass to the surviving Co-beneficiary (Co-beneficiaries).
Recommendations and Advice
4.1. The Client bears sole responsibility for making any decisions concerning his/her Trading Account.
4.2. The Company is not bound to provide the Client with any legal, tax or other consultations. Before entering into a trade, the Client may seek independent professional advice.
4.3. The Company has the right to provide the Client (through the Company's web site or by other means) with information, news, market comments or any other information, with the only subject to provide at the client the opportunity to take beyond himself the choice relate his operative account and isn´t and advise or recommended.
4.3.1. The Company is not responsible for such information.
4.3.2. The Company makes no warranties or representations regarding accuracy, correctness and completeness of such information.
4.3.3. The purpose of providing the Client with such information is to give the Client an opportunity to make a decision concerning his/her Trading Account and does not constitute an advertisement or a recommendation.
4.4 Market comments, news and any other information, provided by the Company, may be changed and deleted at any time without prior notice.
License and Platform
5.1 The Company provides the Client with a limited non-exclusive license for the use of the Platform (including the usage of the web-site and software, provided by the Company). This license is non-transferrable. In case of termination of this Agreement, the license will be terminated automatically. All the rights for the Platform are property of the Company.
5.2. If it is reasonably necessary, the Company has the right to shut down the Platform for technical maintenance, without prior notice to the Client.
6.1. The Platform, commercial names, trademarks, program codes, logos, etc. are the intellectual property of the Company or third parties. The present Agreement does not transfer the Platform’s property rights to the Client, but gives the right to use it according to the provisions of the present Agreement. The Client shall not change, publish, transfer to the third parties, distribute or otherwise reproduce the information provided by the Company for commercial use, partially or in full, without a written consent from the Company.
6.2. The Client shall not conceal and/or delete notices about copyright, trademarks or any other notices or marks from the objects of intellectual property of the Company, its web site or the Platform.
6.3. The Company has the right to provide its services under different trademarks and on different web sites. The Company has the property right for all the images on the web site, Platform(s), downloadable software, and materials.
7.1. The Client doesn’t have the right:
7.1.1. to use an artificial intelligence in order to analyze the systems of the Company and/or the Platform;
7.1.2. to use any spider, virus, worm, Trojan Horse software, time bombs, any other codes or commands, aimed to distort, delete, harm or disjoint the Platform (Platforms) or telecommunication systems, or any other system of the Company;
7.1.3. to perform any actions, aimed at breaking the integrity of the computer system of the Company or the Platform;
7.1.4. to perform any actions, aimed at receiving an unauthorized access, including unauthorized access to the Platform;
7.1.5. to use the Platform with the purpose of receiving profit, knowing and/or reasonably believing that the Platform(s) work(s) improperly.
7.2. If the Client violates the 7.1. clause, the Company has the right to take one or several actions, listed in the 11.2. clause of the present Agreement.
7.3. The Client shall take necessary measures in order to protect the system from viruses and other malicious materials, which may harm the Platform, the web site or the Company in general.
8.1. The Client shall not disclose his/her secret access data to third parties, and shall warn the Company when there is a reason to believe that such data may have been or may be disclosed to a third party, in order to enable the Company to take correspondent measures.
8.2. The Company bears no responsibility for unauthorized access of third parties while transferring data between the parties of this Agreement using the Internet or other networks or communication tools.
8.3. In case the Company reasonably believes that there is a possibility of an unauthorized access of a third party to the Client’s data, the Company has the right, at its own discretion, to disable the Trading Account of the Client. In this event, these actions shall not constitute any obligation of the Company to the Client.
Orders Placing and Executing
9.1. The Client may open (close) positions directly through the Company’s Platform or via telephone by giving a voice order - in such case the orders shall be placed by the Company. In both cases, the Client has to introduce/provide his or her secret data with the object to prove his identity.
9.2. The Company shall make all necessary efforts to perform an order, nevertheless, order transmitting or executing may not always be performed due to reasons beyond the Company’s control.
9.3. The Company is entitled, at its own discretion, to add, remove or suspend a financial instrument from the Platform as applicable.
9.4. Orders shall be placed during the normal trading hours of the Company, via its Platform and/or web site, as amended from time to time.
Restriction of the Client`s Trading
10.1. The Company has the right to restrict the trading on the Client’s Trading Account, without sending a correspondent notice to the Client, in particular, to cancel orders, to reject an order, without causing a basis for a compensation claim or other claims form the Client, in cases when the following circumstances take place:
10.1.1. Failure of the Internet connection or communications tools.
10.1.2. Act of the court, requirements of a supervising and/or a regulatory authority of Labuan, Malaysia, as well as for the purposes of combating fraudulent activity, terrorism financing and/or money laundering.
Force majeure, market destabilization.
Possible unlawfulness of the order.
Non-performance of the obligations by the Client.
Termination of the Agreement.
The system of the Company rejects the order due to trading restrictions.
The balance of the Trading Account of the Client is not sufficient for the placing of a certain order.
Failure to Comply with the Obligations Under the Agreement
11.1. The failure to comply with the obligations occurs:
If the Client refuses to comply with any obligations to the Company.
If there is any amount due and payable by the Client to the Company.
In case of the Client’s death, if he/she is declared missing, or in case if the Client has a mental disorder (if the Client is a physical person).
In other circumstances, when the measures stipulated by the clause 11.2. are taken at the Company’s sole discretion.
If a competent court or body requires taking measures, legal requirements of the relevant jurisdiction.
Abusive trading, including, but not limited to:
а) Scalping, which is a trade closed within a period that is less than or equals to 120 seconds from the moment it was opened.
b) Pip-hunting, which is a trade that was closed with the purpose of getting a profit equal to one pip.
11.1.7. If the Client uses a stolen card for depositing to the Trading Account.
11.2. In case of the events, described in the previous clause 11.1., the Company is entitled to take one or several measures, as follows:
11.2.1. To terminate the present Agreement unilaterally without prior notice to the Client.
11.2.2. To close open positions.
11.2.3. To restrict the access to the Platform for a certain period or in whole, as well as to suspend or prohibit any activity on the Platform.
11.2.4. To reject order transmission or execution.
11.2.5. To restrict trading activity of the Client.
11.2.6. To cancel the profit, which was gained when performing unlawful operations described in the clause 11.1., or due to the usage of artificial intelligence on the Trading Account of the Client.
11.2.7. To bring action for recovery of the damage caused to the Company.
Deposits and Withdrawals
12.1. The Trading Account of the Client shall be activated after the Client deposits the initial deposit amount confirmed by the Company to the Trading Account. The initial deposit may be different for different account types.
12.2. The Client may deposit to his/her Trading Account at any time during the term of this Agreement. The Company establishes the way of depositing and the currencies. The detailed information about the ways of depositing is described on the Company’s web site.
12.3. The Company may request the Client to provide any documents confirming the source of funds. Also, the Company has the right to reject the Client’s deposit if there are any doubts regarding the legality of the source of the funds.
12.4. If the funds sent by the Client are not credited to the Trading Account of the Client within a reasonable period of time, the Client shall notify the Company accordingly. The Company may request the Client to provide documents needed for searching and tracking the transaction, and the Client shall provide such documents.
12.5. After receiving a correspondent withdrawal request from the Client, the Company shall perform the funds withdrawal procedure to the source of the deposit.
12.6. The Company has the right to reject the withdrawal request, partially or in whole, if:
12.6.1. the request of the Client does not contain all the necessary information;
12.6.2. the withdrawal was requested to an account, which had not been previously used for depositing and/or to an account, which does not belong to the Client;
12.6.3. this Trading Account does not belong to the Client;
12.6.4. by the moment of the payment the balance of the Client’s Trading Account is less than the amount requested in the withdrawal request, minus the fees;
12.6.5. there is a force majeure event;
12.6.6. the Company reasonably believes that the funds may be required to fulfill margin requirements;
12.6.7. the free margin is not sufficient for executing the correspondent withdrawal request.
12.7. The Company does not accept anonymous payments, made by the third parties to the Trading Account of the Client.
12.8. The Company reserves the right to reject the Client’s withdrawal request on a reasonable basis, if the Client requests a certain withdrawal method, as well as to offer an alternative method of withdrawal.
12.9. The Client bears all commissions for money transfers.
12.10. The Company is not responsible for mistakes made in the process of performing a withdrawal, if they occurred due to reasons beyond the Company's control.
13.1. If during the period of a month or more there were no operations carried out on the Client’s Trading Account, such account shall be deemed Dormant, and the Company will be entitled to charge a monthly payment to the amount of 25 EUR as account maintenance fee.
Right of Pledge
14.1. The Company has the right of pledge for the funds of the Client, which are on his/her Trading Account with the Company, for to the fulfillment of the Client’s obligations.
15.1. The Company does not bear responsibility for the work and/or declarations of the Introducing Broker and the Company is not bound by any agreements entered into between the Client and the Introducing Broker.
15.2. Legal relationship between the Client and Introducing Broker may involve additional expenses and the Client shall be fully informed about this.
16.1. In case of insolvency of any Underlying Instrument and/or its issuer, the Company has the right to change the Open Positions of the Client in order to reflect such situation and provide a position that would be most similar to the position of a direct proprietary of the Underlying Instrument.
16.2. According to the clause 16.1. the Company has the right, inter alia:
16.2.1. To change the leverage of Open Positions and New Orders.
16.2.2. To correct the opening price of Open Positions in order to reflect the influence of a corresponding event;
16.2.3. Open and/or close the Position (Positions) on the account of the Client;
16.2.4. To cancel any Order (Orders);
16.2.5. To suspend or amend any part of the present Agreement;
16.2.6. To credit a necessary amount to the Trading Account of the Client;
16.2.7. To take any other measures, which the Company considers necessary in order to be able to reflect the consequences of a correspondent event.
16.3. The Company shall make reasonable efforts to take such measures as soon as possible after such an event has occurred.
16.4. Depending on the event, the Company has the right to take measures described in the present clause 16, without prior notice to the Client, but the Company will notify the Client after taking this measure as soon as reasonably possible.
17.1. The Client shall maintain an initial margin and/or hedged margin within the limits determined by the Company, at its sole discretion, for the correspondent period of time, according to the contract the conditions of each CFD type.
17.2. The Client shall ensure that he/she is aware of the Margin Requirements Calculations.
17.3. In the event of force majeure, the Company may change the margin requirements without prior notice to the Client. In this situation, the Company may apply new margin requirements to new Open Positions.
17.4. The Company has the right to close the Client’s Open Positions or limit their size, and reject orders for new positions in any of the following cases:
17.4.1. The Company believes that there are abnormal market conditions.
The amount of the Client’s pledge falls below a minimal margin level.
The equity on the Client’s Trading Account equals to the margin or is less than the predetermined margin percentage needed to keep the Open Position.
The Client fails to fulfill a margin-call made by the Company.
17.5. If the Company makes a margin-call, if the Platform warns the Client that his/her Trading Account has reached a certain margin level, the Client shall:
17.6. The Company is under no obligation to warn the Client about a margin-call for his losing trades.
17.7. When the margin level on the Trading Account of the Client reaches a stop-out level, the positions of the Client start closing automatically, beginning with the most losing one, and the Company has the right to reject new orders.
17.8. The Margin shall be paid in the currency of the Trading Account of the Client. If the Client deposits in a currency different from the currency of the Trading Account, it will be converted into the currency of the Trading Account.
Personal Data and Confidentiality
18.1. The information about the Client shall be provided by the Company or third parties, such as credit agencies, banks, other financial institutions, state registers, etc.
18.2. The Client’s data, provided to the Company, is confidential and may only be used for providing services to the Client, for marketing purposes, statistical information, and also in accordance with the provisions of the applicable legislation. Confidential information is information that is not deemed public or has been provided to the Company as confidential.
18.3. The Company is entitled to disclose the information about the Client up to the required extent:
18.3.1. if required by law or by order of a competent court;
18.3.2. if required by a regulatory body of a relevant jurisdiction;
18.3.3. to relevant bodies and organizations for the purposes of an investigation or prevention of fraud, money laundering or other illegal activity;
18.3.4. if required for the service provision;
18.3.5. to call-centers, which provide market research and conduct polls, aimed to improve the Company’s service; in this case only contact data shall be provided;
18.3.6. for the defense of the Company’s legal rights;
18.3.7. upon the request of the Client or upon receipt of his/her consent;
18.3.8. by the affiliated entities of the Company or by another company from the same group that the Company belongs to;
18.3.9. to the successor or cessionary within 10 working days after a prior notice to the Client has been sent.
18.4. Telephone conversations between the Client and the Company may be recorded; in such case, they will be kept in the Company and will constitute the property of the Company. The Client hereby confirms that he/she acknowledges such records as an evidence of placing orders or a confirmation of any instructions or data, provided in the course of such conversations.
19.1. The Company is entitled to update, reorganize its type, update and change the Platform.
19.2. The Company may amend the Agreement, if there are reasons to believe that such amendments are necessary.
19.3. The amendments can be applied upon a request of a relevant authority or as a consequence of amendments to the applicable legislation.
19.4. If the Company believes that any provision of the Agreement is not in compliance with the rules of the applicable legislation, the Company will not apply such provision. In this case, the Company shall amend the Agreement for it to comply with the norms of the applicable legislation.
19.5. The Company shall notify the Client 15 working days prior to any amendments taking effect. Nevertheless, the amendment aimed to reflect the changes of the applicable regulatory documents may enter into force immediately. Such notification may be sent by e-mail, via the Platform and/or the web site of the Company. The Client is solely responsible for familiarization with the amendments to the present Agreement.
19.6. The Client hereby agrees that the Company has the right to entrust the opening of the Trading Account, the Client’s evaluation, the KYC and due diligence procedures, as well as the collection, storage and processing of the confidential data of the Client to an associated entity, and waives any claims or requirements to such associated entity.
Termination of the Agreement
20.1. In order to terminate the present Agreement, one party shall provide the other one with a written notice 15 days prior to the termination; after that, the Agreement will be terminated and all the payments, costs and expenses payable by the Client to the Company, arisen from the Agreement or its termination, shall be paid out immediately.
20.2. The termination of the present Agreement shall not affect the rights or responsibilities that arise from the present Agreement and the operations performed according to the present Agreement.
20.3. Prior to the termination of the present Agreement:
20.3.1. The Client shall close his/her Open Positions on his/her Trading Account, otherwise the Company will be entitled to close all the Open Positions on the Trading Account of the Client;
20.3.2. The Company has the right to cancel or restrict the Client’s access to the Platform;
20.3.3. The Company has the right to reject new orders from the Client;
20.3.4. The Company has the right to reject the withdrawal requests of the Client and keep the assets of the Client, if it is necessary, to close the Open Positions of the Client, and/or if the Client has to pay due amounts according to the present Agreement.
21.1. Force majeure is a circumstance of insuperable force, which does not depend on the will of the parties of the present Agreement and is out of their control, and influences on the fulfillment of the present Agreement.
21.2. The following situations constitute the force majeure:
21.2.1. Strikes, labor controversies, lockouts, abnormal labor conditions, governmental measures and restrictions, orders of corresponding authorities, etc.
21.2.2. Wars, military operations, threat of war, case of emergency, civil disorder, terrorist acts, other catastrophes and crisis (of political and economic character), which, in the Company’s opinion, affect the normal functioning of the market.
21.2.3. Acts of God and natural calamities, such as tsunamis, earthquakes, hurricanes, floods, destructive fires, epidemics, etc., which unable the provision of the services by the Company.
21.2.4. Market destabilization, abnormal market conditions, suspension of trading, abnormal trading conditions, etc.
21.2.5. Breakdown or failure of networks and/or communication channels, which did not arise out of bad faith or malicious intent of the Company.
21.2.6. Financial insolvency of the liquidity provider, financial institution, intermediary broker, company executive, stock exchange, clearing house, etc., which prevent the Company from executing its duties.
21.3. If the Company has sufficient reasons to believe that a force majeure event has occurred, the Company has the right, without prior notice, to:
21.3.1. suspend, change or cancel the present Agreement or its clauses, if their execution is not reasonable in the conditions of force majeure;
21.3.2. switch off the Platform;
21.3.3. reject new orders of Client;
21.3.4. increase spreads;
21.3.5. change leverage;
21.3.6. take any actions or refuse from taking any actions, which, given the circumstances, in the Company`s opinion, are reasonable for the Company, the Client or other clients.
21.4. The Company is not responsible for the damage resulting from the failure to fulfill the obligations under this Agreement in the circumstances of force majeure.
22.1. In case the Company provides information, recommendations, news, comments related to the market and/or research results to the Client (via the web site, e-mails or by other means), the Company shall not be responsible for any damage, expenses or harm incurred by the Client as a result of incorrectness or error in the information provided.
22.2. If the Company, its directors, employees, affiliates or agents, bear expenses, damages, costs, or if they receive any claim, related to the present Agreement, the Client shall compensate for such damages under the condition that the Company, its directors, employees, affiliates or agents do not bear any responsibility in this case.
22.3. The Company is not liable to the Client for any direct or indirect losses, damages, loss of profit, lost opportunities (including opportunities, which may arise from market movements), neither it is liable for expenses, which the Client may bear in the process or as a result of this Agreement.
Declarations of the Client Made to the Company
23.1. The Client is 18 years old or more (or is of age of legal majority), and is of sound mind, and capable of making independent decisions on his/her own will.
23.2. The fulfillment of the present Agreement and the actions taken according to it are not in compliance with the legislation, rules, public order of the country of residence of the Client, as well as with the obligations of the Client.
23.3. The Client makes use of the intellectual property of the Company only for the purposes that it was provided for.
23.4. The Client may act on behalf of a third party only when the Company has given its written consent, and all the documents, required by the Company, have been provided by the Client.
23.5. The information provided by the Client to the Company during the process of the Trading Account opening, the information provided by the Client to the Company in the working process, in the Trading Account Opening Application and all the following information is true, accurate, valid and full.
23.6. The Client has read, understands and accepts all the provision of the Customer Agreement.
23.7. The funds used by the Client for trading purposes have not been obtained as a result of criminal activity of the Client, and are not used for terrorist financing.
23.8. The Client is not a Politically Exposed Person, as follows:
23.8.1. Head of State, Head of Government, Minister, Deputy Minister; member of Parliament; member of a Supreme Court, Constitutional Court or other high-level judicial body; member of Auditors’ Court or member of the board of a Central Bank; ambassador, chargés d’affaires and high-ranking officer in the armed forces; member of administrative, management or supervisory bodies of state-owned enterprises, or an immediate family member of individuals, described in the present clause 23.9.1., more specifically: spouse or any partner considered as equivalent to a spouse by the national law, offspring and their spouse or partner, or a parent. Nevertheless, none of the categories set out in the above shall be understood as covering middle ranking or junior officials. Furthermore, where a person has ceased to be entrusted with a prominent public function within the meaning of the above definition for a period of at least one year in any country, such person shall not be considered a Politically Exposed Person, according to the same definition.
23.8.2. An individual who is a joint beneficiary owner of legal entities, or who has any other close business relations with a person referred to in the clause 23.8.1.
23.9 If during the period of valid legal relationship of the Client with the Company, according to the present Agreement, the Client becomes a Politically Exposed Person, the Client shall notify the Company this on the mentioned (23.8.1.).
23.10. The Client is aware and fully understands the risks involved in margin trading.
23.11. The Client has constant access to the Internet, and agrees to receive any information about the Company via the web site or by e-mail.
Claims and disputes
24.1. The Client’s complaints and claims shall be sent to the Company via e-mail and in the form approved by the Company from time to time. The Company seeks to investigate the complaint according to the Complaints Procedure as soon as reasonably practicable.
25.1. If the parties have not managed to settled a dispute or a controversy by themselves, such dispute or controversy shall be referred to and finally resolved by the Court of the United Kingdom.
25.2. The present Agreement is regulated by the legislation of the United Kingdom.
27.1. In case if the currency of the deposit of the Client is different than the currency of the Trading Account of the Client, such deposit will be converted and credited to the Trading Account of the Client in the currency of the Trading Account of the Client. This conversion will be performed at a reasonable market price and/or currency exchange rate of the bank, which the Company deems to be reasonable. The Company is entitled to charge the Client with the commission for currency conversion for the Client, including the commissions of banks, money transfers tariffs and intermediary commissions.
27.2. In case of currency exchange rates fluctuations, the Company bears no responsibility for the loss or damage, suffered by the Client.
28.1. The Company’s official language is the English. In case there are any inconsistencies of interpretation of the present Agreement, the English text shall prevail.
28.2. Translation or information provided in languages other than English is for informational purposes only and do not bind the Company or have any legal effect.
28.3. The Company may provide support and compliance department services in local languages.