Whereas Fortrade FX CURRENCY BROKERAGE - SOLE PROPRIETORSHIP L.L.C. is
licensed by the Securities and Commodities Authority to practice in Trading broker of OTC derivatives and
currencies in the spot market activity under first category (Dealing in Securities), and to provide
services to Client in connection with the purchase and sale of Contracts for Difference (collectively
referred to as "CFDs") on Equities, Futures, Currency spot, forward Bullion, and any similar instruments
(collectively referred to as OTC "Contracts"), which may be purchased or sold by or through Fortrade FX
for Client's accounts(s), as the client wishes to trade through the company based on orders and
instructions issued by the client on his sole discretion and in accordance with terms and conditions
mentioned in this agreement. Accordingly, the two parties acknowledge their capacity and validity to sign
this agreement with the following terms and conditions.
THIS IS A LEGAL AGREEMENT BETWEEN THE PERSON(S) NAMED IN THE APPLICATION FOR ACCESS TO OUR FINANCIAL
SERVICES BY THE OPENING OF A TRADING ACCOUNT (“CLIENT”, “YOU”, “YOURSELF”) AND Fortrade FX Currency
Brokerage – Sole Proprietorship LLC (“Fortrade FX”, “US”, “WE”, “OUR”) AND THEIR SUCCESSORS (INCLUDING
HEIRS WHERE APPLICABLE) AND ASSIGNS. PLEASE READ IT CAREFULLY.
Fortrade FX Currency Brokerage – Sole Proprietorship LLC is a limited liability company incorporated under
United Arab Emirates law. Registered under Commercial License No. CN-4264953. Fortrade FX Currency
Brokerage LLC regulated and authorised in the UAE by the Securities and Commodities Authority (SC):
registration No. 20200000030. Registered Office: 2nd Floor, CI Tower, Corniche Road, P.O. Box 29983, Abu
Dhabi, United Arab Emirates. Fortrade FX is required to conduct its business and dealings with you in
accordance with the rules and regulations of the Securities and Commodities Authority.
No person, including any member of the Fortrade FX or third party who has referred you to Fortrade FX has
been authorized to give any information or to make any representations other than those contained herein.
These Terms constitute a legally binding contract between you and Fortrade FX which you accept for
yourself and on behalf of any principal or principals on whose behalf you are acting as agent by giving us
instructions to deal or accepting services from us. These Terms supersede any other general terms of
business or similar documents that may have been previously issued to you by us. Client agrees as follows:
2. Account Opening
An Account must be opened prior to making any Order or entering into any
Transaction. No Orders can be placed until an Account has been opened and cleared funds received from your
side. Without prejudice to the foregoing, if we permit you to place an Order notwithstanding that an
Account has not been opened, or cleared funds received, this shall not limit your liability to us pursuant
to these Terms in respect of the Order placed or any resulting Transaction. We may, at our sole and
absolute discretion, refuse to accept you as a client for whatever reason but will notify you of any such
refusal, without giving any reasons, promptly following your application.
Client understands, acknowledges, and agrees that by executing this Client Agreement, and subject to the
terms and conditions of this Agreement, an account will be established in the Client’s name at TRADERS
HUB, that Fortrade FX, in its sole discretion, may elect whether or not establish such account(s). Client
further acknowledges that, subject to the terms and conditions herein, The Client will deposit margin or
collateral to enable Fortrade FX to perform the Client's instructions, the account(s) will take effect and
this Agreement will come into full force and effect upon the Client deposits such margin or collateral.
3. Client Money
You agree that money belonging to you which is held by us in each account
(the “Client Money”) will be held by Fortrade FX in our designated client money account. Client money is
segregated from our money according to the laws of the Securities and Commodities Authority.
You agree that we may place your money in our designated client money account in different currency to the
currency used to open your account or your deposits. Such client money will be at least equal in value and
will be in compliance with applicable laws.
No interest is due to the client in respect of client money.
Deposits and withdrawals are governed by the applicable regulations.
4. Authorization To Trade
Fortrade FX is hereby authorized to purchase and sell OTC Contracts for
Client's(s) in accordance with Client's electronic instructions through our trading platform(s). Unless
instructed by Client to the contrary in writing, Fortrade FX is authorized to execute all orders with
itself as counterparty or with such other counterparties as Fortrade FX deems appropriate.
5. Position Limitation, Profits And Extraordinary Events
Fortrade FX retains the right to limit the amount and/or total number of
open positions that Client may acquire or maintain at Fortrade FX.
Fortrade FX reserves the right to refuse to accept any order. Fortrade FX does not guarantee any or all
profits resulting from trading entered into the system(s) of Fortrade FX, including but not limited to,
profits realized during abnormal market conditions, extraordinary events or system malfunctions. TRADERS
HUB shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions
or omissions beyond the control of Fortrade FX including, without limitation, loss or damage resulting,
directly or indirectly, from government restrictions, war, strikes, labour disruptions and terrorist acts
or any other force majeure events. Fortrade FX shall not be liable for damages, including lost profits or
trading losses caused by delays or inaccuracies in pricing or the transmission of orders or information
due to a breakdown in or failure of any transmission or communication facilities, unauthorized access,
theft or systems failures.
Client understands Fortrade FX is authorized to reclaim any trading profits Client obtains through the
trading of delayed or inaccurate pricing.
6. Market Abuse
Client understands and agrees that he/she/it will not enter into unlawful,
illegal or immoral transactions or any transaction contrary to applicable laws, regulations and/or rules
or Fortrade FX’ policy, regardless of how minor, major, obvious or unobvious, in any rate or pricing
offered by Fortrade FX whether through the usage of scripts, codes, electronic advisors, software or any
other form of computer program or manual trading.
Client understands Fortrade FX is authorized to retroactively cancel transactions found, in Fortrade FX's
sole discretion, to be transactions entered into in order to exploit or manipulate pricing by means as set
forth within this section.
Fortrade FX is then authorized to reclaim any trading profits Client obtains through the entering of any
transaction in breach of this clause. Client acknowledges and understands that Fortrade FX does not
guarantee the execution of orders at specific prices, including conditional orders such as stops and/or
limits, specifically at times of increased volatility or volume, including market news announcements, due
to gapping prices, greyed out pricing, and market liquidity.
Client understands and agrees that should they receive off-market prices, for any reason, including but
not limited to, delays or malfunctions, Fortrade FX shall retroactively cancel such trades and may elect
to leave such trades cancelled or reopen such trades at the correct market price. Client understands that
orders received during instances of increased market volatility will be filled at the next best price
available or the fair market value.
Client acknowledges that during instances of gapping markets, conditional orders, specifically stop
losses, will be filled at the next available price following a gapping price. Pricing can gap past the
price set forth in conditional orders, resulting in clients losing more funds than initially intended.
Client acknowledges that due to such risks, Fortrade FX encourages clients to utilize market orders rather
than conditional orders, as market orders are provided with a requote and allow Clients to accept or
reject the new price.
Client agrees that Fortrade FX is not responsible for any losses, including margin calls, which occur as a
result of conditional orders being filled during a gapping market or orders being filled at certain prices
due to greyed out pricing and/or limitations in market liquidity.
7. Widened Spreads
Client understands and acknowledges that there may be instances where
spreads widen beyond the typical spreads offered. During volatile markets, such as news announcements,
spreads may widen substantially in order to compensate for increased market volatility. Client is advised
to utilize extreme caution when trading during increased volatility in the markets, including major news
events, as widened spreads can adversely affect all positions in an account including hedged positions.
A quote we provide to you is valid only at the time it has been provided and is subject to change.
Therefore, spreads, market spreads as well as the cost of opening or closing out a position change
significantly depending on the prevailing market conditions and our quoted price.
8. Settlement Date, Rollovers, And Interest
Fortrade FX is authorized, in its absolute discretion, to rollover or
offset all or any portion of positions maintained in CFDs on currencies, commodities or any other
financial product within Client’s Account(s), maintained on any electronic trading platform related to us
at Client's risk.
A position carried forward may be credited or debited interest charges until the position is closed. All
CFDs on Futures are not rolled over at contract expiration. Fortrade FX shall close all positions at
expiration of Futures contracts and Client may, at his/her/its sole discretion, elect to purchase a new
contract.
At its discretion, Fortrade FX may elect to offer Client an interest free account whereby positions
carried forward will not be credited or debited interest charges. Client agrees and acknowledges that such
interest free terms shall be granted by Fortrade FX only as a result of representations made by Client and
that Fortrade FX shall have the authority to, at its own discretion, elect to retroactively cancel such
interest free terms and account activity at any time or after making determinations of the lack of
authenticity of such representations, including but not limited to determining that Client is maintaining
interest bearing accounts elsewhere. Fortrade FX is authorized to cancel all trading activity of such
account since inception following its determination and will return the original deposit(s) to Client.
Fortrade FX may elect to offer, at its sole discretion, interest or swap free accounts for Clients who may
choose not to receive or pay daily interest fees. When trading an interest free account, currency pairs
held overnight will not be paid or charged/credited a daily swap fee. Swap free terms are not available
for all currency pairs. Fortrade FX reserves the right to cancel such interest free terms if positions are
kept open for more than five (5) days and apply swap fees retroactively, unless this requirement is waived
by Fortrade FX. Without prior notice Fortrade FX reserves the right to terminate swap free account
privileges at any time.
9. Collateral And Lending Agreement
All funds, securities, currencies, and other property of Client that
Fortrade FX may at any time be carrying for Client (either individually, corporate, jointly with others or
as a guarantor of the account of any other person) or which may at any time be in its possession or
control or carried on the books of Fortrade FX for any purpose, including safekeeping, are to be held by
Fortrade FX as security and subject to a general lien and right of set-off for all obligations and
liabilities of client to Fortrade FX, and irrespective of the number of accounts Client may have with
Fortrade FX.
We may in our own discretion, at any time and from time to time, without notice to Client, apply and/or
transfer any or all funds or other property of Client between any of Client's accounts.
Client hereby also grants, free of charge or interest, to us the right to pledge, re-pledge, hypothecate,
invest or loan, either separately or with the property of other Clients, to itself as broker or to others,
any securities or other property of Client held by Fortrade FX as margin or collateral. Fortrade FX, as
the case may be, shall at no time be required to deliver to Client the identical property delivered to or
purchased by Fortrade FX for any account of Client. Should Client take delivery of currencies through
settlement of trades, we are obliged to make full payment for the delivery on four (4) working days’
notice. If the balance in the Client's account is not adequate to pay for the delivery, the depository
receipts held in the name of Client or Fortrade FX, as Client's agent or nominee, become property carried
on margin in the Client's account, since they are not fully paid for by Client. This authorization shall
apply to all accounts carried by Fortrade FX for Client and shall remain in full force until all accounts
are fully paid for by Client or notice of revocation is sent by us.
10. Equity, Margin And Leverage
The balance of your Account is the sum of money in your Account which
comprises of realised profit or loss, as the case may be (the “Balance”). For the avoidance of doubt,
profit or loss becomes realised in the Account once an open position is closed. The equity of your account
is the total of the (i) Balance and (ii) unrealised (floating) profit or loss, as the case may be, on your
open positions (the “Equity”).
Margin means the portion of your Equity that is utilised to open one or more Positions (the “Margin”). For
the avoidance of doubt, Margin is not deducted from the calculation of your Equity.
Margin can neither be used to open another Position nor be withdrawn from your Account.
The portion of your Equity that is not Margin is free margin (the “Free Margin”). Free Margin may be used
to open another Position or can be withdrawn from your Account.
You agree to maintain at all times, without demand from us, Margin requirements for the Positions in your
Account.
You agree that we are entitled to determine the Margin requirements in our sole and absolute discretion.
In setting your Margin requirements, we take into consideration multiple factors including Applicable
Regulations, your Equity, your Balance, your trading history and patterns, your trading style, your
trading experience, the potential volatility of the products you are trading, the historical volatility of
the products you are trading, etc. Our determination of your Margin requirements shall be conclusive.
11. Margin Calls And Auto Stop-Out
If the Equity falls below an amount that equals to one hundred percent of
your Margin, your Account will enter into a margin call (the “Margin Call”).
If your Equity falls to or below an amount that equals to thirty percent (or such other percentage as
prescribed by us from time to time) of your Margin, an auto-stop-out will occur, whereby some or all of
your open positions will automatically be closed out by our automated risk management system, in order to
bring your Equity above the required amount (the “Auto Stop-Out”). We do not discretionarily manage your
portfolio. The automated risk management system may automatically first close out the open positions that
carry the greatest loss. The automated risk management system may then close out such number of additional
open positions successively until the Equity in your Account is above the required amount. You should be
prepared for the automated risk management system to close out all your open positions.
To increase Equity above your margin in cases of a Margin Call, you may:
a) Substantiate your accounts with funds
b) Close one or more positions
c) A combination of both
Provided that, in the absence of any system errors or malfunctions, we will inform you of a Margin Call
immediately. Nonetheless, you agree and acknowledge that it is your responsibility to monitor your Account
and always maintain sufficient Equity to meet your Margin requirements at all times. You understand and
agree that only your Free Margin will be available to you.
You undertake that you will maintain in your Account, at all times, sufficient Margin to meet your Margin.
If you believe that you cannot or will not be able to meet your Margin requirements, you should reduce
your open positions or transfer adequate Margin to your Account to satisfy your Margin requirements. You
may access details of Margin amounts which are paid by you or due to us through the platform.
12. Liquidation Of Accounts/Deficit
In the event of:
1. the death or judicial declaration of incompetence of Client,
2. the filing of a petition in bankruptcy, or a petition for the appointment of a receiver, or the
institution of any insolvency or similar proceeding by or against Client,
3. the filing of a precautionary attachment order against any of Client's accounts carried by Fortrade FX,
4. insufficient margin, or Fortrade FX's determination, in its sole discretion, that any collateral
deposited to protect one or more accounts of Client is inadequate, regardless of current market
quotations, to secure the account
5. Client's failure to provide Fortrade FX any information requested pursuant to this agreement, or
6. any other circumstances or developments that Fortrade FX deems appropriate for its protection, then, in
Fortrade FX's sole discretion, it may take one or more, or any portion of, the following actions:
i. Satisfy any obligation Client may have to us, either directly or by way of guaranty of surety, out of
any of Client's funds or property in its custody or control,
a. Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client.
b. Sell or purchase any or all contracts, securities or property held or carried for Client, and
b. Any of the above actions may be taken without demand for margin or additional margin, without prior
notice of sale or purchase or other notice to Client, Client's personal representatives, heirs, executors,
administrators, trustees, legatees or assigns and regardless of whether the ownership interest shall be
solely Client's or held jointly with others.
In liquidation of Client's long or short positions, we may, in our sole discretion, offset in the same
settlement or it may initiate new long or short positions in order to establish a spread which in the sole
discretion of Fortrade FX may be advisable to protect or reduce existing positions in a client’s account.
Any sales or purchases hereunder may be made at Fortrade FX's sole discretion with any inter-bank or other
market where such business is then usually transacted or at a public auction or private sale, and TRADERS
HUB may purchase the whole or any part thereof free from any right of redemption.
Client shall at all times be liable for the payment of any deficit balance in Client's account(s) upon
demand by Fortrade FX and in all cases, Client shall be liable for any deficiency remaining in Client's
account(s) in the event of the liquidation thereof in whole or in part by us or by the Client. In the
event the proceeds realized pursuant to this authorization are insufficient for the payment of all
obligations and liabilities of Client owed to Fortrade FX, Client shall promptly pay upon demand, the
deficit at Fortrade FX's bank account.
Client agrees to pay and shall be liable for all reasonable costs and expenses of collection, including
but not limited to, attorney's fees, witness fees and travel expenses. In the event Fortrade FX incurs
expenses other than for the collection of deficits, with respect to any of Client's account(s), Client
agrees to pay such expenses.
13. Monthly Statements And Confirmations
Transaction confirmations of orders and statements of accounts for Client
and made available solely online, shall be deemed correct and accurate and shall be conclusive and binding
upon Client if not objected to immediately by Client, in writing, within one (1) business day of such
transactions being reviewable online. Failure to object shall be deemed acceptance and ratification of all
actions taken by Fortrade FX or Fortrade FX's agents. Client's failure to receive a transaction
confirmation shall not relieve Client of the duty to inquire of Fortrade FX and to object as set out
herein.
14. Commissions, Expenses And Fees
Client agrees to pay all charges, commissions, expenses and/or fees
relating to the CFD transactions conducted by or through Fortrade FX, either for Fortrade FX or third
party (Introducing Broker, Liquidity Provider, Service Provider, etc.), including without limitation
commissions, markups, markdowns, transaction fees, transfer and cancellation charges, and inactive account
fees.
Fortrade FX may adjust its charges, commissions, expenses and/or fees without notice. Client is
responsible to regularly review all notifications published by Fortrade FX through all available
communication channels. All such charges, commissions, expenses and/or fees shall be paid by Client as
incurred and deducted from Client's account by Fortrade FX representatives without prior notice. TRADERS
HUB may share such commissions or markups with third parties. Transaction fees are assessed per trade on
certain trading platforms.
15. Fortrade FX Responsibilities
Fortrade FX will not be responsible for delays in the transmission of
orders due to a breakdown or failure of transmission or communication facilities, electrical power outage
or for any other cause beyond Fortrade FX's control. Fortrade FX is not responsible for loss of profits or
general losses, or other adverse effects realized by Client accounts as a result of the cancellation of
interest free terms, re-pricing or instances of increased volatility in the markets. Fortrade FX shall
only be liable for its actions directly attributable to gross negligence, willful default or fraud on the
part of Fortrade FX. Fortrade FX shall not be liable for losses arising from the default of any agent or
any other party used by Fortrade FX under this Agreement. Since over-the-counter Contracts (OTC) are not
traded on an exchange, the prices at which Fortrade FX is willing to deal or the quotes published by
Fortrade FX may differ from prices confirmed or quoted by other CFD market makers or dealers.
Fortrade FX will not be responsible or liable for any losses in connection with:
a) the performance or profitability of Client’s account(s);
b) any loss to or depreciation in Client account(s);
c) any transaction, order including (for the avoidance of doubt) the loss of margin and collateral placed
by Client with Fortrade FX.
d) the acts, omissions or insolvency of Client.
e) any actions Fortrade FX may take in connection with Client account(s);
f) any taxes Client may become liable for in connection with his/her/its account(s).
g) any delay or change in market conditions before any particular order is executed; and
h) Client agrees to reimburse, indemnify, and hold Fortrade FX harmless for any and all losses arising in
connection with Client account(s) including (without limitation) in connection with:
1. Any act or omission on Client’s part or any authorized representative from time to time or any persons
who Fortrade FX reasonably believes to be acting with authority on Client’s behalf.
2. The provision of services or products to Client in connection with his/her/its account(s).
3. Any of Client’s account(s);
4. As a result of any misrepresentation by Client or any violation by Client of Client’s obligations.
5. Any taxes; or
6. As the result of the enforcement of Fortrade FX rights under this Agreement or any applicable law.
Fortrade FX will not be obliged to take or refrain from taking any action which becomes beyond Fortrade FX
reasonable power to take or refrain from taking wholly or partly as a result of an event or state of
affairs which was beyond its reasonable control to prevent and the effect of which is beyond its
reasonable power to avoid, including without limitation: any change in the law, any applicable law,
failure of any exchange or clearing house or settlement system, war, terrorism, civil unrest, any
breakdown or failure of transmission or communication or computer facilities, postal or other strikes or
similar industrial action in each case whether actual, threatened or anticipated.
Fortrade FX will not be liable to Client for any partial or total non-performance of Fortrade FX
obligations or delay in performance by reason of any cause beyond Fortrade FX reasonable control
including, without limitation:
- Any failure or delay by any exchange, market, or clearing house, or broker or dealer, in performing its
obligations with respect to any transaction executed and/or cleared for Client account(s), or
- The imposition, introduction, amendment or change (including a change in interpretation) of any
legislation, regulation, directive or policy by any governmental or supranational body, exchange,
regulatory or self-regulatory organization, market clearing house or any failure or delay by any of the
foregoing in enforcing such legislation, regulation or policy.
16. Identity Verification
Client acknowledges and agrees that he/she is required to submit copies of
unexpired government issued identification and address verification documentation to Fortrade FX with a
signed copy of the Client Agreement. Client further agrees that Fortrade FX has the authority to delay,
cancel or otherwise postpone trading or the depositing/withdrawing of funds, regardless of amount, until
Client has provided copies of unexpired government issued identification and/or address verification
documentation as required. After receipt of such documentation, we reserve the right to request additional
documentation in order for Fortrade FX to adequately verify the Client(s) identity.
17. Currency Fluctuation Risk
If Client directs Fortrade FX to enter into any CFD transaction:
a) any profit or loss arising as a result of a fluctuation in the exchange rate affecting such currency
will be entirely for the risk and account of Client.
b) All deposits for margin purposes if made in currency other than U.S. Dollars may be converted to U.S.
Dollars, in such amounts as Fortrade FX may in its sole discretion require; and
c) Fortrade FX is authorized to convert funds in Client's account for margin into and from such foreign
currency at a rate of exchange determined by Fortrade FX in its sole discretion on the basis of the then
prevailing money market rates.
18. Risk Acknowledgment
Client acknowledges that investments in leveraged and non-leveraged
transactions are speculative, involve a high degree of risk, and are appropriate only for persons who can
assume risk of loss in excess of their margin deposit to carry CFD positions and may result in significant
losses that substantially exceed Client's investment and margin deposit. Client understands that TRADERS
HUB does not guarantee any or all profits resulting from trading on its system(s). Client represents and
warrants to Fortrade FX that Client is willing and able, financially and otherwise, to assume the risk of
trading in CFD transactions, and in consideration of Fortrade FX's carrying his/her/its account(s), Client
agrees not to hold Fortrade FX responsible for losses incurred through trading. Client recognizes that
guarantees of profit or freedom from loss are impossible in trading contracts. Client acknowledges that
Client has received no such guarantees from Fortrade FX or from any of its introducing or referring agents
or other entities with whom Client is conducting his/her/its Fortrade FX account and has not entered into
this Agreement in consideration of or in reliance upon any such guarantees or similar representations.
Your rights to money held in our segregated client bank account, where applicable, may be affected by (i)
the insolvency of the relevant bank, or (ii) the insolvency of a third-party where we have transferred
money to them for the purposes of margin etc.
Client money may be held on the Client's behalf with an intermediate broker, a credit institution, a
regulated market, multilateral trading facility, a settlement agent, a clearing house, a payment
institution or an OTC counterparty located within or outside the UAE. The legal and regulatory regime
applying to any such person outside the UAE will be different from that of the UAE, and in the event of
insolvency or any other equivalent failure of that person, the Client's money may be treated differently
from the treatment which would apply if the money was held in a segregated account in the UAE. The Company
will not be liable for the solvency, acts, or omissions of any third party referred to in this paragraph.
The third party to whom the Company will pass money may hold it in an omnibus account and it may not be
possible to separate it from the Client’s money, or third party’s money. In the event of the insolvency or
any other analogous proceedings in relation to that third party, the Company may only have an unsecured
claim against the third party on behalf of the Client, and the Client will be exposed to the risk that the
money received by the Company from the third party is insufficient to satisfy the claims of the Clients
with claims in respect of the relevant account. The Company does not accept any liability or
responsibility for any resulting losses.
19. Client Representations And Warranties
Client represents and warrants to Fortrade FX that:
a) Client is of sound mind, legal age and legal competence,
b) No person other than Client has or will have an interest in Client's account(s),
c) Regardless of any subsequent determination to the contrary, Client is suitable to trade
d) Client confirms that all funds deposited to his/her/its account are the property of the account owner
and of no other person or entity,
e) Should Client request an interest free account, he/she/its maintains no other interest-bearing account
at another institution,
f) Client is not a resident or citizen of the United States as defined under applicable law, and
g) All the information provided by Client to Fortrade FX in account applications or otherwise is true,
correct, and complete as of the date hereof, and Client will promptly notify Fortrade FX of any changes in
such information.
20. Disclosure Of Financial Information
Client represents and warrants to Fortrade FX that the financial
information disclosed to Fortrade FX in this document is an accurate representation of Client's current
financial condition and that Client has very carefully considered the portion of the Client’s assets which
the Client considers to be risk capital available for investment in contracts. Client recognizes that risk
capital is the amount of money Client is willing to put at risk and if lost would not, in any way, change
Client's lifestyle. Client agrees to inform Fortrade FX immediately if Client's financial condition
changes in such a way as to reduce Client's net worth, liquid assets and/or risk capital.
Upon receipt of a request to withdraw funds from a Fortrade FX trading
account, including withdrawals as a result of a request to close an account, Fortrade FX is authorized to
perform a review of all account activity to ensure trades were settled properly. Improperly settled trades
shall include, but not be limited to, trades that were executed: during platform or related hardware
malfunctions; trades executed at off-market pricing rates regardless how such pricing was obtained and
including bad ticks and trades executed during extreme market conditions, including acts of God, or
similarly executed trades completed during abnormal market conditions. If Fortrade FX, in its sole
discretion, determines that any trade(s) were settled improperly Fortrade FX is authorized to
retroactively cancel such improperly settled transactions and adjust account equity based-off of such
cancellations prior to completing any withdrawal. If, during such a settlement review, Fortrade FX is
authorized to cancel any applicable executed trades and adjust client equity prior to completing any such
withdrawals or collect uncharged overnight interest, swaps or fees prior to completing any withdrawals
should it determine, in its sole discretion, that trades completed within such an account violate any
agreed upon term, condition, warranty or representation herein.
Fortrade FX reserves the right to close any client account at its sole discretion for reasons, for example
but not limited to, including inactivity, client misconduct, regulatory or legal obligations (including
sanctions and AML concerns), prohibited activities, or for internal business and operational decisions.
Such closure may be affected without prior notice and shall be in line with applicable laws and regulatory
requirements.
22. Credit Information
Fortrade FX, without notifying Client, shall have the right to exchange
Client's personal and credit information with certain government authorities and other third parties
legally entitled to obtain such information, for contract and compliance purposes. Fortrade FX shall have
the right to investigate and verify the identity of the Client for determining the financial conditions
and compliance with certain laws such as laws about money laundering, international boycott, and
transactions with specially designated nationals. All other uses of Client personal and credit information
shall be subject to the policy of Fortrade FX. Client also authorizes Fortrade FX to investigate
his/her/its background and credit standing (and credit standing of his spouse and children, if any) and to
request a report to verify the information about his/her/its identity and the source of the payments to
enable Fortrade FX to determine the eligibility of Client to open an account and for any legitimate
business purposes. Client also authorizes Fortrade FX in this regard to contact financial institutions
regarding the foregoing.
23. Amendments
Client agrees that Fortrade FX may change, add, or cancel any of the terms
and conditions of this Agreement at any time by notifying such modification and their effective date on
the Fortrade FX's website and/or notifying thereof by email at the email address as provided to TRADERS
HUB. Upon the completion of this procedure Client and Fortrade FX shall be legally bound by the
modification regardless of whether Client receives the email or not. Fortrade FX may change its services
at any time by making changes on its website and shall not be obliged to provide Client any separate
notice concerning such change. If Client does not agree on the amendment, Client shall promptly notify
Fortrade FX in writing and cease to use Fortrade FX's services except as necessary to close the account.
Client acknowledges that the use of Fortrade FX's services after the amendments to this Agreement or
modification to the service shall be deemed acceptance.
24. Force Majeure
Fortrade FX shall not be held liable in the event of force majeure and
emergency situations such as suspension or delay of trading, war or earthquakes, unrest or communication
line failure, electricity or equipment or software failure or any other cause beyond the control of the
parties whether directly or indirectly or unauthorized access or theft or any problem technical or
otherwise, which may prevent Client from entering, cancelling or modifying an order or prevent Fortrade FX
from acting on an online order or instructions. If Fortrade FX determines that a force majeure event
exists, Fortrade FX may, in its absolute discretion and without prior notice, at any time take one or more
of the following steps:
a) Close any or all open contracts at any level that is appropriate
b) Suspend or modify the application of all or any of the terms of this Agreement to the extent that the
force majeure event makes it impossible or impractical for Fortrade FX to comply with the term or terms in
question.
c) Alter the last time for trading for particular contract.
d) Take or omit to take all such other actions as Fortrade FX deems to be reasonably appropriate in the
circumstances having Fortrade FX positions, Client positions and the positions of other clients.
In the event of the above events, Fortrade FX shall not be liable to the client for any claims, losses,
damage, costs and expenses, including lawyers' fees, arising directly or indirectly out of such events.
25. Events Of Default
An event of default shall occur:
a) If Client breaches, repudiates, abuses or defaults in any way, any provision, term and/or condition
attachments of this Agreement.
b) If Client fails to provide assurances of performance of its obligations satisfactorily to Fortrade FX.
c) If Fortrade FX, in its sole discretion, determines that it has sufficient ground(s) for insecurity with
respect to the Client's performance of any obligation and immediately after demand.
d) If any proceedings are commenced against Client under any bankruptcy, insolvency relief of debtors or
similar law and where Client is a natural person, if Client dies or becomes of unsound mind.
e) Client makes an assignment for the benefits of its creditors.
f) If Client provided inaccurate information to Fortrade FX or if information initially correct when
provided by Client subsequently becomes incorrect.
g) If Client fails to make any payment or any delivery to Fortrade FX on maturity date (including failure
to remit margin and collateral necessary to enable Fortrade FX to implement its obligations under this
Agreement on the first due date).
h) Any event which Fortrade FX reasonably considers could result in the continuation of this Agreement
causing a violation of any applicable laws, regulations, or good standard of market practice.
Client declares that all balances with Fortrade FX whether carried individually or jointly with others are
to be considered as a guarantee to Fortrade FX to perform Client's obligations hereunder and Client hereby
indemnifies Fortrade FX against any and all omissions, costs, expenses, losses, fines, claims or
obligations undertaken by Fortrade FX or third parties directly or caused by any of the previous events.
Fortrade FX shall have the right to suspend any or any part of its obligations to the Client. Further,
Client hereby acknowledges and agrees that Fortrade FX shall have the right to liquidate his/her/its
account(s) or use all Client's balances as if the same were pledged to Fortrade FX.
26. Settlement
Upon the occurrence of an event of default of any of the provisions of
this Agreement, Fortrade FX shall have the right, in its sole discretion and without giving Client any
additional notice, to forthwith close and liquidate the account, terminate any agreement with Client, sell
any or all Client's assets and cancel any pending orders and/or close out any outstanding contracts or
other instruments. Client shall no longer be able to access the platform and to initiate orders. All cash
margins shall become immediately payable to Fortrade FX who will automatically offset all Client
transactions.
Any amount remaining after the full recovery by Fortrade FX of its rights shall be recovered by Client
within 14 working days with effect of termination date. Client shall further be liable to Fortrade FX for
the amount of all reasonable legal and other professional expenses incurred by Fortrade FX in connection
or as a consequence of an event of default.
27. No Waiver Or Amendment
No provision of this client agreement may be waived or amended unless the
waiver or amendment is in writing and signed by both Client and an authorized officer of Fortrade FX. No
waiver or amendment of this client agreement may be implied from any course of dealing between the Parties
or from any failure by Fortrade FX or its agents to assert its rights under this client agreement on any
occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or
enforceable. This instrument and the attachments hereto embody the entire agreement of the Parties,
superseding any and all prior written and oral agreements and there are no other terms, conditions or
obligations other than those contained herein.
28. Notices
Client agrees and acknowledges that all notice requirements set forth
therein, shall be satisfied by Fortrade FX through the sending of any notification to the email address
submitted with the Client Agreement by the Client.
You may communicate with us in writing, through email or by other electronic means or orally (including by
telephone). Our contact details are as follow:
Address: 201, CI Tower, Al Bateen, Abu Dhabi, United Arab Emirates, PO. Box: 29983
Telephone Number: +97125994666
Email Address: info@fortradefax.ae or ops@tadershub.ae
You can reach our website at https://www.fortradefax.ae
29. Recorded Conversations
Client agrees and acknowledges that all conversations may be recorded.
Conversations relating to the account(s) between Client and Fortrade FX personnel may be electronically
recorded with or without the use of an automatic tone warning. Client further agrees to the use of such
recordings and transcripts thereof as evidence by either party in connection with any dispute or
proceeding that may arise involving Client or Fortrade FX. Client understands that Fortrade FX destroys
such recordings at regular intervals in accordance with Fortrade FX's established business procedures.
30. Indemnification
Client agrees to indemnify and hold Fortrade FX, its affiliates,
subsidiaries, employees, agents, successors and assigns harmless from and against any and all liabilities,
losses, damages, costs and expenses, including attorney's fees, incurred by Fortrade FX arising out of
Client's failure to fully and timely perform Client's agreements herein or should any of Client's
representations and warranties to Fortrade FX fail to be true and correct. Client also agrees to pay
promptly to Fortrade FX all damages, costs and expenses, including attorney's fees, incurred by TRADERS
HUB in the enforcement of any of the provisions of this Agreement and any other agreements between TRADERS
HUB and Client.
31. Governing Law
This Agreement and the rights and obligations of the parties hereto, and
any judicial or administrative action or proceeding or arbitration arising directly or indirectly
hereunder, or in connection with the transactions contemplated hereby, whether brought by Client or
Fortrade FX, shall be governed by the laws of the United Arabic Emirates.
32. Jurisdiction
Any dispute, controversy or claim which may arise out of or in connection
with this Policy, or the execution, breach, termination or invalidity thereof, shall be settled by the
Commercial Conciliation and Arbitration Center at the Abu Dhabi Chamber of Commerce and Industry in
accordance with its Rules. The language to be used in the arbitral proceedings shall be English and the
place of arbitration shall be Abu Dhabi, UAE. The arbitral tribunal shall consist of no more than three
(3) arbitrators and all proceedings shall be conducted and decision rendered based solely on the
submission of documents and other such materials. No oral hearings or oral arguments shall be held. Client
hereby waives the right to have such proceeding transferred to another jurisdiction. No arbitration
hereunder or relating to this Agreement, shall be brought by Client more than one year after the date of
the transaction giving rise to the cause for arbitration regardless of when Client discovers the facts
relating to the cause for arbitration.
In the event the arbitration fails, for whatsoever reason, to hold within six months with effect from the
date of the notification of either Party to refer the dispute to the arbitration or the arbitral tribunal
fails, for whatsoever reason, to make its award within six months with effect from the date of the
appointment of the last arbitrator, either Party has the right to initiate the litigation proceedings at
Abu Dhabi jurisdiction courts.
33. Execution Only
a) Execution only:
We deal on an execution-only basis and do not advise on the merits of Transactions, or their taxation
consequences.
b) Own judgment and suitability:
In asking us to enter into any Transaction, you represent that you have been solely responsible for making
your own independent appraisal and investigations into the risks of the Transaction. You represent that
you have sufficient knowledge, market sophistication, professional advice and experience to make your own
evaluation of the merits and risks of any Transaction. We give you no warranty as to the suitability of
the products traded under this Agreement and assume no fiduciary duty in our relations with you.
c) Incidental information and investment research:
Where we do provide trading information, market commentary or other information:
1. this is incidental to your dealing relationship with us. It is provided solely to enable you to make
your own investment decisions and does not amount to advice.
2. if the document contains a restriction on the person or category of persons for whom that document is
intended or to whom it is distributed, you agree that you will not pass it on to any such person or
category of persons;
3. we give no representation, warranty or guarantee as to the accuracy or completeness of such information
or as to the tax consequences of any Transaction;
4. where information is in the form of a document containing a restriction on the person or category of
persons for whom that document is intended or to whom it is distributed, you agree that you will not pass
it on contrary to that restriction;
5. you accept that prior to dispatch, we may have acted upon it ourselves or made use of the information
on which it is based. We do not make representations as to the time of receipt by you and cannot guarantee
that you will receive such information at the same time as other clients. Any published research reports
or recommendations may appear in one or more screen information service.
All fees and relevant costs referred to in the Agreement are subject to a Value Added Tax (VAT). The VAT
percentage and its implications are governed by the Gulf Cooperation Council (GCC) common VAT agreement
executed on 27/11/2016 and the UAE Federal Decree-Law No. 8 of 2017 on Value Added Tax and the Executive
Regulations issued thereto.
34. Complaints
We have internal procedures for handling complaints fairly and promptly in
accordance with our Complaints Handling Policy. You may submit a complaint to us by letter, telephone,
email, or in person. We will send you a written acknowledgement of your complaint within seven days of
receipt of your complaint. Please contact us if you would like further details regarding our complaints
procedures.
You may submit a written complaint by addressing it to the Compliance Manager at 201 CI Tower, Al Bateen,
Abu Dhabi, United Arab Emirates. PO. Box 29983, by email to rc@fortradefax.ae or by phone on the number listed on our website.
35. Electronic Communications
Subject to Applicable Regulations, in the event that electronic signatures
are used in a communication between us, such communication is binding as if it were in writing. Orders or
instructions given by you through e-mail or other electronic means will constitute evidence of the Orders
or instructions given.
Acceptance of these Terms or other documents done through electronic means such as a tick box on the
Website, or acceptance through e-mail or on the Platform shall constitute evidence of your acceptance of
these Terms and other documents.
36. Termination
This Agreement including shall continue in effect until termination took
effect by any event herein or may be terminated by Client at any time when Client has no obligations held
by or owed to Fortrade FX, upon the actual receipt by Fortrade FX at its office of a written notice of
termination, or at any time whatsoever by Fortrade FX upon the transmittal of written notice of
termination of any obligations set out in this Agreement. Termination by Client shall not relieve Client
of the obligation to pay any deficit balance in the accounts.
I/We have read, understood, and agree to the clauses set out in this Agreement. Where I/we sign in a
representative capacity, I/we confirm that I/we have full power and authority to enter into this
Agreement.
37. Rights And Remedy
The rights and remedies provided under these Terms are cumulative and not
exclusive of those provided by Applicable Regulations. We are under no obligation to exercise a right or
remedy. A failure or delay by us in exercising our rights under these Terms or otherwise is not a waiver
of such right or remedy. No single or partial exercise of a right or remedy will prevent further exercise
of that right or remedy or the exercise of another right or remedy.
38. Client Classification
a. In accordance with SC Rule Book, the Company is required to classify
Clients to Professional, Counterparty, or Ordinary investors. We may request certain information from you
as part of our client classification process and we will inform you of your classification once we have
completed this process. We require annual declarations from you that your classification data has not
changed. You are required to update us if there is a change in such data for any reason at any time.
b. We will categorize and treat you as either a Professional Investor or a Counterparty only if you are
eligible to be categorized as such. You may only be classified into one category. If you are not eligible
to be categorized as a Professional Investor or Counterparty, we will categorize you as an Ordinary
Investor. If we have classified you as a Professional Client or Counterparty, you may request us to
classify you as an Ordinary Investor as an exception.
c. If you have been classified as a Professional Investor, you must notify us as soon as reasonably
practicable if you fail to meet the conditions of a Professional Investor set out in the SC Rulebook.
d. If we categorize you as a Professional Investor or Counterparty, you understand that there are relevant
protections that are applicable to Ordinary Investors that we would no longer be required to provide
pursuant to Applicable Regulations.
39. Dormant Account
The Company is committed to the following:
1. Transferring the client's account to dormant account if a period of (3) Gregorian years - (36)
thirty-six months has passed - without any transaction or updating of the data.
2. Notifying the client - according to the last known address to him - after the lapse of (3) years
without carrying out any transactions through his account or updating the data completely and correctly of
the need to update his data with the licensed body or deal with his account within (30) days from the date
of the notice.
3. Include in the client's notice the procedures and effects that will arise as a result of his failure to
comply with what is required within the specified period, as described later.
4. Notify by one of the means agreed upon in the agreement concluded with the client, and in the event
such notice is not possible by any of those means, the client may be notified by one of the available
legal means.
40. Online Trading Agreement
The two parties agreed as follows:
Preamble: Comprises the preamble, definitions & provisions as follows:
Introduction: Fortrade FX offers on-line trading services which enables the customers to inquire about
transactions and rates in financial Markets, negotiations for sale & buy. Therefore, please read the terms
& conditions carefully, as they are binding for both parties.
Definitions: The words and phrases mentioned below carry the same meanings mentioned in front of each
unless otherwise construed as per the context.
The Company: means Fortrade FX Currency Brokerage – Sole Proprietorship LLC or any of its branches.
The customer: Any natural person or corporate body concluded this contract with Fortrade FX. For this
service, by filling the application forms specified for the service mentioned before, and acceptance of
the terms & conditions herein with the company’s approval.
The account: The account in the name of the customer for his service supply.
Personal Computer (PC): Computer used by the customer.
The Service:
This service is a system used by the brokerage company so as to enable the client to enter the orders
relating to the direct purchase or sale of financial products via the “internet” as soon as the system
receives the order. It will start checking the possibility of the performance thereof and passing it
automatically to the e-dealing system applicable in the market, The system allows access to all
transactions and cash account and positions for the client for different periods.
General Provisions: Whereas, “the service” is proffered through PC & Telecoms owned by the customer
“Internet” – and the two parties are desirous to regulate the system of service – it has been agreed from
both parties on the following terms & conditions:
Article 1: The preamble is deemed to be an integral part of the contract and read with it.
Article 2: The customer’s approval on this agreement clarifies his full knowledge of Financial Products
trading field.
Article 3: Usage of the “service” by the customer secures that the customer assumes all the articles
specified in this contract.
Article 4: The customer shall solely assume all risks caused from the service – the contract subject –
unless that is resulting from company’s omission.
Article 5: The Company undertakes to supply the “service“ for the customer who shall be responsible to
provide and maintain the items and expenses & charges for operation. The company shall not be liable for
any defects in programming used by the customer or in case the customer uses any additional device or
programs causing hazards for the safety and efficiency of the “service“ – or any virus in the PC of the
customer which reveals the important personal data of the customer which shall be borne by the customer.
Article 6: The client shall have access to detailed information about the "service" and on a regular basis
and follow those instructions carefully, through the company website.
Article 7: The company has the right to stop the “service“ from the customer at any time and for any
duration without prior notice or stating the reason.
Article 8: In case the customer discovers any wrong operation registered in his account through the
service, then the customer should inform the “company“ within 24 hours provided, he should avail the
“company“ with his name, account No. & No. of ref. The company verifies the matter whether the error is
from the customer’s side or not. The company informs the customer of the result at the earliest.
Article 9: The company supplies the customer with the user’s name and the password at the 1st access to
the service by email. The customer is obligated to change the password before using the services and the
user assumes his full responsibility to protect the user’s name and password and any other information
provided by the company as per his declaration in this agreement. The customer assumes to keep safe the
user’s name and the password without leakage and take necessary precautions when using the service in some
other computer. The customer absolves the company of any damages arising from non-compliance or misusage.
Article 10. The customer makes all precautions to prevent fraudulent usage for the user’s code & the
password.
Article 11. The “customer” fully understands that the user code and the password identify the customer.
Therefore, any operations through the user code & the password are deemed to be executed by the customer.
The company considers the user to the customer who is solely responsible for all operations and orders in
his accounts executed through the service using his identification and deemed to be explicit approval of
operations & orders.
Article 12: If the customer doubts that someone manipulating its accounts through service or that the user
name & password has been vulnerable to detection by another team, the customer shall inform the company as
soon as possible in writing to notify the company about the incident. Client remains responsible on all
transactions resulted from using his user name & password till end of day of company receiving the
notification.
Article 13: The Company shall have the right to reject any application for supplying the service at its
discretion.
Article 14: The customer authorizes the company to act according to his instructions through the service.
Article 15: The customer undertakes that all transactions made through the service mentioned are subject
to restrictions by the company without prejudice for the terms & conditions, and the company reserves the
right to revoke any operation, and make any settlements required in the account/accounts affected.
Article 16: The registers, records, documents & other documents of the company related to the transactions
are deemed to be reliable conclusiveness in settlement of disputes concerning the figures, transactions,
details, expenses & charges, documents, instructions or any other disputes arising between the company and
the customer.
Article 17: Company provides e-trade software to the client free of charge. In case of any fees amendment,
client shall be notified.
Article 18: The company is not liable for any damage, loss, costs or charges whatsoever, incurred by the
customer as a result of violation of terms & conditions.
Article 19: The customer admits he has been notified by the company about the restrictions of technology
at present, on using the service. The provision of service depends on applications & restrictions of
technology, the company is not liable for failure for using the service for any reason by the customer.
Article 20: The customer hereby declares and admits that he shall have no right related to any programs or
codes of computer programming or specifications or technology or information provided by the company to
the customer, moreover, the customer shall have no right for intellectual property or right of publication
for the above mentioned.
Article 21: The customer undertakes he shall not copy or amend the programs or pages, or documents
provided by the company or transfer any programs to another computer.
Article 22: Both the customer and the company may cancel subscribing in the service and the customer can
do that against written application. The company can cancel the customer’s subscription at any time by
notice without any liabilities towards the company.
Article 23: The Company is not liable for any faults or damage resulting from delay or non-availability of
instructions comprising:
- Non-availability of sufficient balance to execute instructions
- Non-availability of sufficient instructions for executing the process
- Non-compliance of instructions mentioned or no clarity for customer information.
- Delay or technical failure in the company or related other sources not resulting from omission or
piracy.
Article 24: The customer perceives that the entered feeding to the system may not be processed instantly –
any delay should be incurred by the customer.
Article 25: The customer agrees that delay in processing should not be borne by the company due to rapid
change in rates.
Article 26: The company and its staff are not responsible in all cases, other than omission, for any
direct or indirect damage or force majeure causing losses due to failure in telecom, performance,
technical errors, breakdown, delay in processing or virus.
Article 27: These terms & conditions are subject to related terms & conditions and agreements already
concluded by the customer or may be concluded by him later on.
Article 28: Entering the user code and the password are deemed to full approval of the terms & conditions
above.
Article 29: The company shall have the right to change the terms & conditions after
written/electronic/verbal notice – the amendment is deemed to be valid unless the company receives written
objection from the customer within seven days from the date of notice to the customer. The company shall
have the right to change the programming used in the service without informing the customer.
Article 30: The company is hereby authorized by the customer to accept and act according to electronic
instructions available in the service, as well as to deduct or to add in the account(s) of transactions
made through the service.
Article 31: The client acknowledges that he is aware of all the laws and instructions of the Securities
and Commodities Authority (SC), and all relevant Financial Exchanges regarding entering and amending buy
and sell orders, and all other laws and instructions and its amendments regulating trading and operations
in the financial markets, and the client acknowledges that he bears all responsibility and violations that
may be committed or occur to the company as a result of his non-compliance with these laws and
instructions.
Article 32: This agreement & all documents attached are construed and governed by local laws & federal
laws within effect in the country. Both parties duly agree on the jurisdiction of Abu Dhabi courts in case
of disputes or claims or legal procedures arising or related to this agreement.
Article 33: All fees and relevant costs referred to in the Agreement are subject to a Value Added Tax
(VAT). The VAT percentage and its implications are governed by the Gulf Cooperation Council (GCC) common
VAT agreement executed on 27/11/2016 and the UAE Federal Decree-Law No. 8 of 2017 on Value Added Tax and
the Executive Regulations issued thereto.
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