GENERAL TERMS & CONDITIONS

CUSTOMER AGREEMENT

This is a legal contract between 31FX, herein after known as (“31FX”, “us” or “we”) its successors and assigns, and the party/parties (the “Client”, “customer” or “you”) executing this document. This document, together with our Risk Disclosure Statement and Privacy Statement, represents the terms with which 31FX will do business with Client. This document sets out the respective rights and obligations of both parties in connection with this service and both parties will accept and be bound by these terms on acceptance of the terms contained herein and on completion of the application form by Client.

In connection with opening an account with 31FX to speculate in, and/or purchase, and/or sell, Forex and  Contracts for Differences (hereinafter referred to as “CFDs”), in commodities, metals, currencies and indices, and the receipt of such other services and products as 31FX may, in its sole discretion, determine to offer from time to time in the future, Client acknowledges that it has been advised and understands the following factors concerning trading in the over the counter market (“OTC”), in addition to those contained in the Risk Disclosure Statement which has been provided to Customer. We trade contracts for differences (“CFD”) transactions in OTC.

In consideration of 31FX agreeing to provide services to “Client”, “customer” or “you” in connection with the purchase of Forex and CFDs in commodities, currencies, metals and indices and the receipt of such other services and products as 31FX may, in its sole discretion, determine to offer from time to time in the future and which may be purchased or sold by or through 31FX for Client’s accounts(s), Client agrees that the following rights and obligations will govern the relationship between 31FX and Client.

IMPORTANT NOTICES

OTC trading means that trading does not take place on a regulated exchange. There are no guarantees as to the credit worthiness of the counter party of your Forex and CFDs position. Also, there may be certain cases in which trading liquidity decreases, causing Forex and CFDs in commodities, currencies, metals and indices to cease, thereby preventing the liquidation of an adverse position which may result in a substantial financial loss.

31FX does not provide investment advice. The market recommendations, signals, information provided by and/or distributed by 31FX are general in nature and based solely on the judgment of 31FX’s personnel or from third party information providers. These market recommendations may or may not be consistent with the market position or intentions of 31FX, its affiliates, and/or employees. The market recommendations and information provided by 31FX are based upon information believed to be reliable, but 31FX cannot and does not guarantee the accuracy or completeness thereof or represent that following such recommendations will eliminate the risk inherent in trading Forex and CFDs. Any market recommendations of, or information provided by, 31FX does not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell, any OTC transaction. Client understands and hereby agrees that

Client is capable of, and solely responsible for, assessing the merits and risks of any trade it may enter into with 31FX.

Client understands that 31FX does not permit its employees to either exercise discretion or manage an OTC account. If Customer’s account is not being traded with Client’s authorization, Client must notify 31FX immediately.

31FX’s margin policies and/or the policies of those banks/clearing houses through which trades are executed may require that additional funds be provided to properly margin Client’s account and Client is obligated to immediately meet such margin requirements. Failure to meet margin calls may result in the liquidation of any open positions with a resultant loss. 31FX reserves the right to refuse to accept any order.

Client understands that it must carefully review the reports relating to Client’s trading posted online by 31FX. All reports of execution and statements of accounts will be deemed final unless customer objects within two business days of being posted. Objections may be made initially by email or by telephone, but must be confirmed thereafter in writing.

Client understands that 31FX may establish rules and provisions for client accounts, including but not limited to minimum account size, investment time period, commissions and fees, leverage size per instrument, mark ups, rules relating to stop losses and limits, rules relating to rollovers, rules relating to margin calls, or any other financial arrangement, and that such rules and provisions may be changed by 31FX from time to time.

31FX has read and understands the Client’s obligations and rights under this Customer Agreement and agrees and acknowledges that this Customer Agreement, the Risk Disclosure Statement and the Privacy Statement will comprise the terms of the Client’s relationship with 31FX. The Client agrees that Client is fully responsible for making all decisions as to transactions effected for Client’s account. Client has considered the foregoing factors and in view of Client’s present and anticipated financial resources, Client is willing and able to assume the substantial financial risks of OTC trading.

IT IS THE CUSTOMER’S RESPONSIBILITY TO FIND OUT ALL NECESSARY INFORMATION ABOUT TRADING IN FOREX AND CFDs, AND 31FX TERMS AND CONDITIONS AND MAKE SURE THAT ALL RISKS AND ARRANGEMENTS ARE DISCUSSED AND CLEARLY UNDERSTOOD PRIOR TO ANY TRADING ACTIVITY.

  1. TERMS AND HEADINGS
  • “31FX” shall, where the context so permits or requires, be deemed to mean 31FX its subsidiaries and affiliates and their successors and assigns;
  • “Client” shall mean the party (or parties) who have agreed to be bound by the terms of this Agreement;

1.3 “Agreement” shall include this agreement and all other agreements and authorizations executed by Customer in connection with the maintenance of Customer’s account with 31FX.

The paragraph headings in this Agreement are inserted for convenience of reference only and are not deemed to limit the applicability or affect the meaning of any of its provisions.

  1. INFORMATION ABOUT 31FX
  • 31FX is a registered brand name of JRV Market Ltd and JRV Market Ltd. The JRV Group does not provide services to residents or entities from certain restricted or sanctioned countries. 31FX and 31-fx.com is owned and operated by JRV Market Ltd. JRV with registered address, 3rd Floor J&C Building, PO BOX 362, Road Town, Tortola, BVI VG1110. 25 Canada Square, Canary Wharf, London, Greater London, E14 5LB, United Kingdom and JRV Market Ltd.
  • 31FX is a registered financial services company in the United Kingdom and has become the industry leader in Forex and CFDs education by providing an atmosphere where Clients can not only learn to master the markets through courses but also engage in day to day live trading activities with industry renowned traders.
  1. COMMUNICATION
  • The principal method of communication between 31FX and Client will be electronically via 31FX’s website and on-line trading platforms.
  • Information regarding orders placed and executed will be addressed personally to Client through a customer specific account.
  • However, certain information will be provided generally on our website, such as general market recommendations and Client hereby consents to receiving information not addressed personally to customer in that form.
  • Client may also place orders via the phone with our dealing room. In the course of our dealings with you, you may place orders with us via our on-line trading platform in the languages which are posted on our website, which is updated with additional languages from time to time.
  • Where orders are placed by phone via the dealing room you may communicate with us in any one of the languages which are listed on the website.
  • All written communications from us to you will be in the language used to register your account via our website.
  1. AUTHORIZATION TO TRADE
  • 31FX is authorized to enter into Forex, CFD contracts on an over-the-counter basis with Client in accordance with Client’s oral or written or computer instructions, subject to the terms of this Agreement and all annexes hereto.
  • On completion of the application form by Client, 31FX will issue Client with a secure password which is to be used with the chosen user-name of the Client.

4.3 31FX’s security systems are designed to ensure that any information provided to and from Client is securely transmitted. Client is obligated to keep passwords secret and is solely responsible for ensuring that third parties do not obtain access to the password or 31FX’s trading facilities.

4.4 Client agrees to be exclusively responsible for any instruction received electronically that is identified with Client’s password and account number and for any electronic, oral and written instruction to 31FX from persons 31FX in its sole judgment, believes are apparently authorized by Client.

4.5 If Client’s account is titled as a joint account, 31FX is authorized to act on the instructions of any one owner, without further inquiry, with regard to trading on the account and the disposition of any and all assets in the account.

4.6 31FX shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or omitted to be taken by 31FX in reliance on any such instructions or on the apparent authority of any such persons.

4.7 31FX has the authority to require joint action by the owners of the account in respect of the account. 31FX may send all correspondences and documents in respect of the account to any one owner of a joint account.

4.8 31FX has possession over the security of the account whether individual or joint.

4.9 If a death occurs to one or more of the owners of a joint account, 31FX shall be notified in writing and shown proof of a death certificate. All expenses due at the date of notification shall be charged to the account.

4.10 Up to the time valid written notification is provided to 31FX, each owner of a joint account is presumed to have an equal share in the joint account.

  1. APPROPRIATENESS OF TRADING
  • Although 31FX issues general market recommendations; these should not be construed as personal recommendations or advice to trade with 31FX. As such we are under no obligation to assess the suitability or otherwise of the Client trading Forex and CFDs with 31FX. All trades entered into by Client represent an independent decision by the Client to trade with 31FX.
  1. GOVERNMENTAL COUNTER PARTY INSTITUTION AND INTERBANKING SYSTEM RULES

6.1 All transactions under this Agreement shall be made in accordance with usage, rulings and interpretations of the counter party institution or other interbank market (and its clearing organization, if any) and with all applicable laws and regulations.

6.2 If any statute shall hereafter be enacted or any rule or regulation shall hereafter be adopted by any governmental authority, or a contract market or clearing organization which shall be binding upon 31FX and shall affect in any manner or be inconsistent with any of the provisions hereof, the affected provisions of this Agreement shall be deemed modified or superseded, as the case may be, by the applicable provisions of such statute, rule or regulation, and all other provisions of this Agreement and provisions so modified shall in all respects continue in full force and effect.

6.3 Client acknowledges that all transactions under this Agreement are subject to the aforementioned regulatory requirements and Client shall not thereby be given any independent legal or contractual rights with respect to such requirements.

  1. MARGINS AND DEPOSIT REQUIREMENTS
  • Client shall provide to and maintain with 31FX margin in such amounts and in such forms as 31FX, in its sole discretion, may require.
  • Such margin requirements may be greater or less than margins required by those banks or brokers with which trades are executed.
  • 31FX may change margin requirements at any time.
  • Client agrees to deposit by immediate wire transfer, or other payment method acceptable to 31FX, such additional margin when and as required by 31FX and will promptly meet all margin calls in such mode of transmission as 31FX in its sole discretion designates.
  • 31FX may at any time proceed to liquidate Client’s account and any failure by 31FX to enforce its rights hereunder shall not be deemed a waiver by 31FX to enforce its rights thereafter.
  • 31FX retains the right to limit the amount and/or total number of open positions which Client may acquire or maintain at 31FX, and to increase margin requirements in advance of earnings or other news or events, with or without notice, either before such events or retroactively or at any other time that it deems at its sole discretion.
  • Orders must be placed allowing sufficient time to execute and to calculate margin requirements.
  • Profits deriving from a transaction shall be added to Client’s account as additional margin, as long as the transaction is open, and upon the closing of the transaction, as an addition to the available balance for withdrawal.

7.9 Losses deriving from a transaction shall be deducted from Client’s account.

  1. BONUSES
  • 31FX may elect to grant a benefit to Client by depositing bonus amounts in Client’s trading account, subject to certain terms and conditions as shall be determined by 31FX, at its sole discretion. Such bonus amounts may not be withdrawn by Client, unless Client complies with the applicable trading requirements posted on 31FX’s website as may be amended from time to time or as communicated to Client.
  • If 31FX suspects or has reason to believe that Client has attempted fraudulent activity in order to claim a bonus, or any other promotion, 31FX reserves the right to:
  • Cancel or reject the bonus promotion, and any related trading agent bonus, at its sole discretion
  • To terminate Client’s access to services provided by 31FX and/or terminate the contract between 31FX and the Client for the provision of services,
  • To block Client’s Account(s) and to arrange for the transfer of any unused balance to Client.
  • If 31FX suspects or has reason to believe that Client has abused the terms and conditions of a bonus offer by hedging positions internally (using other trading accounts held with 31FX) or externally (using other trading accounts held with other brokers), 31FX reserves the right to cancel bonuses, and any trades or profits associated with Client’s account(s).
  • Bonus promotions may be restricted in certain jurisdictions.
  • 31FX reserves the right to cancel or reject bonus promotions at its sole discretion.
  1. CUSTOMER ASSETS
  • Interest is not payable by 31FX on client funds deposited by Client.
  • All funds, securities, currencies, and other property of Client which 31FX or its affiliates may at any time be carrying for Client (either individually, 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 its books for any purpose, including safekeeping, are to be held by 31FX as security and subject to a general lien and right of set-off for liabilities of Client to 31FX whether or not 31FX has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Client may have with 31FX.
  • 31FX may in its 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 to 31FX the right to pledge, re-pledge, invest or loan, either separately or with the property of other Client, to itself as broker or to others, any securities or other property of Client held by 31FX as margin or security.
  • 31FX shall at no time be required to deliver to Client the identical property delivered to or purchased by 31FX for any account of Client.
  • This authorization shall apply to all accounts carried by 31FX for Client and shall remain in full force until all accounts are fully paid for by Client or notice of revocation is sent by 31FX from its home office.
  • Any failure by 31FX to enforce its rights hereunder shall not be deemed a future waiver of such rights by 31FX.
  • 31FX is irrevocably appointed as attorney in-fact for Client and is authorized, without notice to Client, to execute and deliver any documents, give any notice and to take any actions on behalf of Client, including the execution, delivery and filing of financing statements, that 31FX deems necessary or desirable to evidence or to protect 31FX’s interest with respect to any collateral.
  • In the event that the collateral deemed acceptable to 31FX is at any time insufficient to satisfy Client’s indebtedness or other obligations to 31FX, including obligations to provide margin hereunder, Client shall promptly pay upon demand the entire amount of such deficit.
  • Default of Credit Institution and Monitoring:
  • In the event of default of one of our appointed credit institutions, 31FX does not accept responsibility and is not subject to any liability arising from losses to clients arising from such a default.
  • However, we conduct appropriate and continuing risk assessment of our appointed credit institutions in order to ensure that our appointed credit institutions are safe repositories.
  • We will supply the details of our appointed credit institutions on request to retail clients, including the names of those institutions and the client account details.
  • Where Client does not wish 31FX to deposit funds with a particular credit institution we will return such funds to Customer as soon as possible.
  • Pursuant to section 9.4 Clients trading on the 31FX platform agree to the transfer of full ownership of funds to 31FX for the purpose of securing or otherwise covering a required margin and as such the required margin will no longer be treated as belonging to the Client. 31FX will deposit the required margin as collateral with its liquidity provider(s). These funds will not be registered in the client’s name. Funds deposited by the Client in excess of the required margin will be treated as client funds in accordance with the Client Asset.
  1. CONFLICTS OF INTEREST
  • 31FX is required to maintain and operate effective organizational and administrative controls to take all reasonable steps to identify, manage, disclose and record conflicts of interest. In order to achieve this 31FX has established and implemented a Conflicts of Interest policy.
  • Where arrangements made by 31FX to manage conflicts of interest are insufficient to ensure, with reasonable confidence, that risks of damage to client interests will be prevented, 31FX shall clearly disclose to the client the general nature and the sources of the conflicts of interest before undertaking business on the client’s behalf.
  1. COMPLAINTS
  • In the event that you are dissatisfied with the service provided by 31FX, we will deal with your complaint internally and will endeavor to come to a satisfactory solution promptly.
  • All complaints should be directed to support@31-fx.com.
  1. LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES
  • In the event of (a) the death or judicial declaration of incompetence of Client; (b) 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 Customer; (c) the filing of an attachment against any of Client’s accounts carried by 31FX, (d) insufficient margin, or 31FX’s determination that any collateral deposited to protect one or more accounts of Client is inadequate, regardless of current market quotations, to secure the account; (e) Client’s failure to provide us with any information requested pursuant to this agreement or any applicable law; or (f) any abuse of trading practices, manipulations and/or fraud by Client or any other person authorized to use the account; or (g) any other circumstances or developments that we deem appropriate for its protection, and in 31FX’s sole discretion, it may take one or more, or any portion of, the following actions:
  • Satisfy any obligation Client may have to us, either directly or by way of guarantee of suretyship, out of any of Client’s funds or property in 31FX’s custody or control;
  • Sell any or purchase any or all Currency contracts, securities held or carried for Client; and
  • Cancel any or all outstanding orders or contracts, or any other commitments made on behalf of Client.
  • 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.
  • Prior demand or notice of sale or purchase shall not be considered a waiver of 31FX’s right to sell or buy at any time in the future without demand or notice as provided above.
  • In liquidation of Client’s long or short positions, 31FX may, in its sole discretion, offset in the same settlement or it may initiate new long or short positions in order to establish a hedge which in 31FX sole judgments may be advisable to protect or reduce existing positions in Client’s account.
  • Any sales or purchases hereunder may be made according to 31FX’s judgment and at its discretion with any interbank or other exchange market where such business is then usually transacted or at a public auction or private sale, and 31FX may purchase the whole or any part thereof free from any right of redemption.
  • For Client’s protection, Equity or Net Liquidation Value of the Client’s trading account drops below the Minimum Margin Requirement; all of Client’s open transactions shall be automatically closed, whether at a loss or a profit.
  • For the 31FX and cTrader platforms, the Minimum Margin Requirement is equal to 10% of the Required Margin.
  • If the amount in Client’s trading account is less than zero, Client shall promptly notify 31FX and 31FX shall nullify the account.
  • Neither 31FX nor any of its subsidiaries, affiliates or agents shall be responsible for any loss or damage caused due to closing of positions in accordance with the above.
  • Client shall at all times be liable for the payment of any deficit balance of Client upon demand by 31FX 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 31FX or by Client.
  • In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all liabilities of Client due to 31FX, Client shall promptly pay upon demand, the deficit and all unpaid liabilities, together with interest thereon equal to three (3) percentage points above the then prevailing prime rate at 31FX’s principal bank or the maximum interest rate allowed by law, whichever is lower, and all costs of collection, including attorney’s fees, witness fees, travel expenses and the like.
  • In the event 31FX incurs expenses other than for the collection of deficits, with respect to any of the account(s) of Client, Client agrees to pay such expenses.
  1. FEES/CHARGES
  • Fees arising out of 31FX providing services are outlined in the Trading Conditions and Charges page.
  • Client is aware that a part of 31FX’s revenues derives from the spread on each transaction. The spread is the difference between the bid & the ask price of the price quote on a transaction.
  • 31FX may increase or decrease spreads on any or all instruments, at its sole discretion, at any time without notification due to various mitigating factors – market sentiment, news times or announcements, trading volumes, market volatility and/or additional internal or external factors. This may be affected on an individual client basis or for all clients simultaneously.
  • Where a customer requests a specific fee structure, a commission may be payable by Client to open and close Forex and CFDs. Such commission payable will be debited from Client’s account at the same time as 31FX opens or closes the relevant Forex and CFDs.
  • Where we increase or introduce any new charges, we will post the changes on our website at least 7 days before they take effect.
  • We may also charge for incidental banking-related fees such as wire charges for deposits/withdrawals and returned check fees.
  • In certain circumstances additional fees may include such things as statement charges, order cancellation charges, account transfer charges, telephone order charges or fees imposed by any interbank agency, bank, contract, market or other regulatory or self-regulatory organizations arising out of 31FX provision of services hereunder.
  • Client may incur additional fees for the purchase of optional, value added services we offer.
  • ROLLOVERS, OVERNIGHT INTEREST:
  • A daily financing charge may apply to each Forex and CFDs open position at the closing of 31FX’s trading day as regards that Forex and CFDs.
  • If such financing charge is applicable, it will either be requested to be paid by Client directly to 31FX or it will be paid by 31FX to Client, depending on the type of Forex and CFDs and the nature of the position Client holds.
  • The method of calculation of the financing charge varies according to the type of Forex and CFDs to which it applies. Moreover, the amount of the financing charge will vary as it is linked to current interest rates.
  • The financing charge will be credited or debited (as appropriate) to Client’s account on the next trading day following the day to which it relates.
  • 31FX reserves the right to change the method of calculating the financing charge, the financing rates and/or the types of Forex and CFDs to which the financing charge applies.
  • For certain types of Forex and CFDs a commission is payable by Client to open and close Forex and CFDs positions. Such commission payable will be debited from Client’s account at the same time as 31FX opens or closes the relevant Forex and CFDs.
  • Trades in CFDs are linked to the market price of a certain base asset, including the market price of future contracts. A few days prior to the expiration date of the base asset to which the CFD is linked, the base asset shall be replaced with another asset, and the quotation of the CFD shall change accordingly.
  • CFDs do not have an expiration date.
  • Trades in CFDs are continuous and the base assets to which they are linked vary from time to time.
  • 31FX reserves the right to determine the base asset to which CFDs are linked, the date of replacement of the base asset, and the replacement conditions.
  • Following the replacement of the base asset, the quotation of the CFDs shall be adjusted, and the Client’s account shall be credited or debited, as applicable, in accordance with the difference in quotations created due to the replacement of the base asset.
  • The difference in quotations between the base assets is affected by the difference in rates between selling and buying of such assets in the market, and therefore the revaluation of selling and buying transactions shall be in different values.
  • Clients will incur costs in relation to the Spread Cost in closing the Old contract and Opening the New Contract and a Standard Overnight Interest charge.
  • In most cases, the debits shall be higher than credits.
  • Any open transaction held by Client at the end of the trading day as determined by 31FX or over the weekend, shall automatically be rolled over to the next business day so as to avoid an automatic close and physical settlement of the transaction.
  • Client acknowledges that when rolling over such transactions to the next business day, overnight interest may be either added or subtracted from Client’s account with respect to such transaction.
  • The overnight interest amount shall be determined by 31FX from time to time, in 31FX’s absolute discretion.
  • Client hereby authorizes 31FX to add or subtract the overnight interest to or from Client’s account for any open transaction that have accrued overnight interest, in accordance with the applicable rate thereto, each day at the time of collection specified on the trading platform for each individual instrument, as applicable.
  • Full information related to applicable charges can be found at Trading Conditions and Charges
  1. COMMUNICATIONS, STATEMENTS AND CONFIRMATIONS
  • Reports, statements, notices, trade confirmations, and any other communications will be posted online and may be transmitted to such address as Client may from time to time designate in a written or electronic communication to 31FX.
  • Client is responsible for alerting 31FX to any change in its e-mail address.
  • Communications are deemed received when made available to Client by 31FX, regardless of whether Client actually accessed the statement.
  • Client will be able to generate daily, monthly and annual account statements detailing transaction activity, profit and loss statements, open positions, margin balances, account credits and debits.
  • Client understands that it must carefully review the reports relating to Client’s trading posted online by 31FX.
  • Reports of the confirmation of orders and statements of accounts for Client posted online by 31FX shall be deemed correct and shall be conclusive and binding upon Client if not objected to within two business days of the posting online.
  • Objections may be made initially by email or by telephone, but must be confirmed thereafter in writing.
  • If Client becomes aware of an error with respect to any report or statement, such as amounts erroneously credited to Client, Client shall immediately inform 31FX and is responsible to return such amount to 31FX, and if 31FX becomes aware of such occurrence, 31FX is expressly authorized to correct such error by correcting such report or statement, and, if applicable, treating this as a Deficit Balance.
  • Client declares that by providing its registration data to 31FX it hereby consents to, 31FX, its subsidiaries, affiliates and agents sending, and Client receiving, by means of telephone, facsimile, SMS or e-mail, communications containing content of a commercial nature relating to Customer’s use of the trading platform, including information and offers from 31FX or third parties that 31FX believes Client may find useful or interesting, such as newsletters, marketing or promotional materials.
  • Customer acknowledges that 31FX does not have to separately obtain Client’s prior consent (whether written or oral) before distributing such communications to Client, provided that 31FX shall cease to distribute such communications should Client notify 31FX in writing that Client no longer desires to receive such commercial communication.
  • Client statements can be generated by the client at any time on the on-line trading platform. These statements will record the time the order was executed and the balance of their account. Our internal records will state the time the order was requested from the client.
  • 31FX will also provide the client with a statement on an annual basis outlining the details of funds held by the firm for the client at end of the period covered by the statement. Statements will also show all charges applied during the period covered by the statement, if any.
  • Real time access to each client’s account showing transactions, the time orders were filled and the balance on the client’s account will also be available to customers.
  1. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
  • 31FX and/or any of its subsidiaries, affiliates or agents shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of 31FX including, without limitation, loss or damage resulting, directly or indirectly, from any delays or inaccuracies in the transmission of orders and/or information due to breakdown or failure of transmission or communication facilities, or electrical power outage.
  • Neither 31FX nor any of its subsidiaries, affiliates or agents warrants that the trading platform or any services provided (including Third Party Licenses) will be available without interruption or will be error free and such trading platform and services are being provided “AS IS” without any representation or warranty of any kind whatsoever except as otherwise set forth herein.
  • Under no circumstances shall 31FX or any of its subsidiaries, affiliates or agents be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, 31FX’s trading platform or services (including Third Party Licenses) including but not limited to lost profits, loss of business, trading loss, loss of data or use of data, any unauthorized access to, alteration, theft or destruction of Client’s computers, computer systems, data files, programs or information, or costs of procurement of substitute goods or services.
  • Client agrees that this section represents a reasonable allocation of risk, that this section is an essential element of this Agreement and that in its absence; the economic terms of this Agreement would be substantially different.
  • This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if 31FX or any of its subsidiaries, affiliates or agents has been advised of the possibility of such damage.
  • Neither 31FX nor any of its subsidiaries, affiliates or agents has liability or duty of indemnification related to unusable data, lost or corrupt Client transactions or data, by whatever means, in whatever form.
  • This limitation of liability additionally eliminates any duty or liability on the part of 31FX or any of its subsidiaries, affiliates or agents related to unusable data, lost or corrupt Client transactions or data, resulting in part or in whole from third-party software or networking goods or services or from internet related problems or from actions or events outside of 31FX’s control.
  • 31FX and its subsidiaries, affiliates and agents disclaim any and all liability resulting from or related to any breach of internet security or disruption, distortions or delays of Customer’s connections to the internet, due to any reason.
  • As OTC is not an exchange traded market, prices at which 31FX deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
  • Should a quoting or execution error occur, which may include, but are not limited to, a mistype of a quote, a quote that is not representative of fair market prices, an erroneous price quote from a dealer or erroneous price quote due to failure of hardware, software or communication lines or systems or inaccurate external data feeds provided by third-party vendors, 31FX will not be liable for the resulting errors in account balances. Without derogating from the above, in the event that transactions shall be closed or opened based on the Erroneous Quote, 31FX’s trading room attempts to recognize such event and to act promptly to reset such event. Client acknowledges that the reset process may take time, during which Client may not be able to use its trading account, and outstanding orders may not be executed.
  • In case 31FX will identify an erroneous quote or an outdated quote, it may offer the Client an alternative quote or alternatively to continue the transaction, all at the sole discretion of 31FX.
  • Customer further acknowledges that 31FX, its subsidiaries, affiliates and agents shall not be liable for any loss or damage caused due to or in connection with such reset process.
  • Third Party Licenses:
  • If any third party software is included within or embedded in the 31FX website or online trading platform, then such embedded third party software shall be provided subject to the terms of this Customer Agreement which apply to the online trading platform.
  • Client shall fully comply with terms of any Third Party Licenses that we provide from time to time.
  • We provide no express or implied warranty, indemnity or support for the Third Party Licenses, and will have no liability related thereto.
  • “Third Party Licenses” means licenses from third parties governing third party software embedded or used in the trading platform.
  1. FOREX AND CFDs FLUCTUATION RISK
  • If Client directs 31FX to enter into any Forex and CFDs transaction:
  • Any profit or loss arising as a result of a fluctuation in Forex, CFDs, Options and Spread Betting will be entirely for Client’s account and risk;
  • All initial and subsequent deposits for margin purposes shall be made in U.S. Dollars, Great British Pounds or Japanese Yen in such amounts as 31FX may in its sole discretion require; and
  • 31FX is authorized to convert funds in Client’s account for margin into and from such foreign currency at a rate of exchange determined by 31FX in its sole discretion on the basis of the then prevailing money market rates.
  1. INDEMNIFICATION
  • Client agrees to indemnify and hold 31FX, its subsidiaries, affiliates, agents, employees, agents, successors and assigns harmless from and against any and all liabilities, losses, damages, costs and expenses, including attorney’s fees, incurred by any of 31FX indemnities arising out of Client’s failure to fully and timely perform Client’s obligations herein or under any Third Party License or should any of Client’s representations and warranties fail to be true and correct.
  • Customer also agrees to pay 31FX indemnities promptly all damages, costs and expenses, including attorney’s fees, incurred in the enforcement of any of the provisions of this Agreement and any other agreements between 31FX and Client.
  • In addition to any limitations of liability specified elsewhere in this Agreement, 31FX indemnities shall not be held liable and are released from all claims and losses incurred in such regard if the claim or loss was caused or contributed to by:
  • The actions or omission to act on the part of Client,
  • Any act or omission by any person obtaining access to Client’s account, whether or not Client has authorized such access or not,
  • System malfunction, equipment failure (whether Client’s equipment or 31FX’s equipment), system interruption or system unavailability,
  • Delays, failure or errors in implementing any instruction,
  • Inaccurate or incomplete instructions received by 31FX from Client, or
  • Any reliance or use by Client or any other third party with access to Client’s account of any financial and market data, quotes, news, analyst opinions, research reports, graphs or any other data or information whatsoever available through the trading platform or any Third Party License, whether to complete a transaction on the trading platform or for any other purpose whatsoever.
  • 31FX shall be entitled to set off Client’s liabilities under this section from Client’s account.
  1. EXECUTION OF ORDERS, STOP AND LIMITS
  • 31FX will use commercially reasonable efforts to complete all orders which it may, in its sole discretion, choose to accept in accordance with the oral or written or computer instructions of Client.
  • 31FX reserves the right to refuse to accept any order.
  • 31FX may, at its sole discretion, allow Client to specify a closing price for a transaction at the trading platform through a “Close at Loss” and “Close at Profit” order, subject always to the terms of this Agreement and any other terms and conditions 31FX may implement from time to time.
  • “Close at Loss” means an offer to close a transaction at a price determined in advance by Client which, in the case of a transaction that is opened by offering to buy a specific number of a certain instrument, is lower than the opening transaction price, and in the case of a transaction that is opened by offering to sell a specific number of a certain instrument, is higher than the opening transaction price.
  • “Close at Profit” means an offer to close a transaction at a price determined in advance by Client which, in the case of a transaction that is opened by offering to buy a specific number of a certain instrument, is higher than the opening transaction price, and in the case of a transaction that is opened by offering to sell a specific number of a certain instrument, is lower than the opening transaction price.
  • Upon Client’s offer and 31FX’s acceptance of an order, Client hereby authorizes 31FX to close the transaction at the Close at Loss price or Close at Profit price, as applicable, and as agreed upon in the order, without further instruction from or notification to Client.
  • 31FX may, in its sole discretion, close the transaction when the price quoted by 31FX on the trading platform equals the price accepted by 31FX for such an order.
  • Client acknowledges and agrees that 31FX shall not be obligated to close a transaction which does not otherwise comply with any other limitations agreed upon with respect to such transaction.
  • Client acknowledges and agrees that due to market volatility and factors beyond 31FX’s control, 31FX’s cannot guarantee that a Close at Loss order will be executed at the level specified in Client’s order. In such an event, 31FX will close the transaction at the next best price.
  • If, before Client’s “Limit Order” offer to open or close a transaction is accepted by 31FX, 31FX’s quote moves to Client’s advantage (for example, if the price goes down as Client buys or the price goes up as Client sells) Client agrees that 31FX will execute the closing transaction at the Client’s specified price and not better. Client agrees that 31FX can retain such price movement for its own account.
  • Client is aware that a part of 31FX’s revenues derives from the spreads on each transaction. The spread is the difference between the bid & the ask price of the price quote on a transaction. Therefore, in case the fair market price reduces 31FX’s spread in a specific transaction, 31FX may, at its sole discretion, choose not to execute such transaction, in which case 31FX may send Client an amended quote for his consideration. 31FX may complete a transaction at its sole discretion in case the fair market price does not affect 31FX’s spread from the transaction and / or increases it.
  1. RISK ACKNOWLEDGMENT
  • Client acknowledges that investments in leveraged and non-leveraged transactions are speculative, involves a high degree of risk, and is appropriate only for persons who can assume risk of loss of their entire margin deposit.
  • Client understands that because of the low margin normally required in OTC trading, price changes in OTC may result in significant losses.
  • Client warrants that client is willing and able, financially and otherwise, to assume the risk of OTC trading, and in consideration of 31FX’s carrying his/her account(s), Client agrees not to hold 31FX and any of its subsidiaries, affiliates or agents responsible for any losses incurred by Client.
  • Client recognizes that guarantees of profit or freedom from loss are impossible in OTC trading.
  • Client acknowledges that Client has received no such guarantees from 31FX or from any of its representatives or any introducing agent or other entity with whom Client is conducting his/her 31FX account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations.
  • The high degree of leverage that is obtainable in the trading of Forex and CFDs transactions can work against you as well as for you. Leverage can lead to large losses as well as gains.
  • During times of extreme volatility it can be difficult or impossible to execute orders.
  1. MARKET RECOMMENDATIONS AND INFORMATION
  • Client acknowledges that:
  • Any market recommendations, signals and information communicated by any method of communication to Client by 31FX and any of its subsidiaries, affiliates, agents or by any person within 31FX does not constitute an offer to sell or the solicitation of an offer to buy any OTC contract, and that 31FX does not provide investment advice
  • Such recommendation and information, although generally based upon information obtained from sources believed by 31FX to be reliable, may be based solely on a broker’s opinion and that such information may be incomplete and may be unverified, and
  • 31FX makes no representation, warranty or guarantee as to, and shall not be responsible for, the accuracy or completeness of any information or market recommendation furnished to Client and shall not be responsible for any loss or damage including without limitation any loss of margin or profits which may arise directly or indirectly from use or reliance on such recommendations or information.
  • Client understands that Client is solely responsible for assessing the merits and risks of any trade it may enter into with 31FX whether as a result of information provided by 31FX or otherwise.
  • Client acknowledges that 31FX and/or its officers, directors, affiliates, associates, stockholders or representatives may have a position in or may intend to buy or sell Forex and CFDs, which are the subject of market recommendations furnished to Client, and that the market position of 31FX or any such officer, director, affiliate, associate, stockholder or representative may not be consistent with the recommendations furnished to Client by 31FX.
  • Client acknowledges that 31FX makes no representations concerning the tax implications or treatment of any trading activity.
  1. CLIENT REPRESENTATIONS AND WARRANTIES
  • Client represents and warrants that:
  • If Client is a natural person, Client is of sound mind, legal age and legal competence
  • If Client is not a natural person,
  1. Client is duly organized and validly existing under the applicable laws of the jurisdiction of its organization;
  2. Execution and delivery of this Agreement and all Contracts and other transactions contemplated hereunder and performance of all obligations contemplated under this Agreement and all other transactions contemplated hereunder have been duly authorized by Client; and
  3. Each person executing and delivering this Agreement and all other transactions contemplated hereunder on behalf of the Client, has been duly authorized by Client to do so.
  • No person other than Client has or will have an interest in Client‘s account(s) and Client has not granted and will not grant a security interest in Client’s account with 31FX (other than the security interest granted to 31FX hereunder) to any person without 31FX’s prior written consent. Customer has full beneficial ownership of all collateral and will not grant any security interest in any collateral to any person (other than the security interest granted to 31FX hereunder) without 31FX’s prior written consent; and,
  • Client hereby warrants that regardless of any subsequent determination to the contrary, Client is suitable to trade OTC; and,
  • Client is not now an employee of any exchange, any corporation in which any exchange owns a majority of the capital stock, any member of any exchange and/or firm registered on any exchange, or any bank, trust, or insurance company, and in the event that Client becomes so employed, Client will promptly notify us, at 31FX ‘s home office, in writing, of such employment; and,
  • Client will execute and deliver all documents, give all notices, make all filings and take such other actions as 31FX, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favor of 31FX or to protect 31FX’s interests with respect to any Collateral; and,
  • Client has read and understands the provisions contained in this Agreement, including, without limitation, 31FX’s Risk Disclosure Statement and Privacy Statement; and
  • Client will review this Agreement; and
  • Client will not affect any transaction in Client’s account unless Client understands this Agreement, and Client agrees that in effecting any transaction it is deemed to represent that it has read and understands this Agreement as in effect at the time of such transaction; and
  • Client agrees to, and shall at all times comply with all applicable laws, statutes and regulations and Client hereby declares that the execution and delivery by Client of this Agreement and all other transactions contemplated hereunder, and performance of all of Client’s obligations contemplated under this Agreement and any other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Client. Client may not use this account with 31FX for any illegal activity.
  1. ISLAMIC ACCOUNTS
  • In the event that Client, due to its observance of Islamic religious beliefs cannot receive or pay interest, Client may elect to designate, in the manner provided by 31FX, its trading account to be an Islamic Account, which is not charged with, or entitled to, overnight interest and/or rollovers.
  • In the event that Client designates its account as an Islamic account, Client may not keep transactions in such account open for more than 5 days and may not otherwise abuse such benefit.
  • 31FX reserves the right to cancel the aforesaid benefit at any time and take any action necessary in 31FX’s absolute discretion due to abuse of this benefit.
  • Such actions may include, without limitation, the designation of the Islamic Account as a regular account and retroactively effecting required adjustments (e.g., setting off amounts from the account equal to amounts paid by 31FX as interest), cancellation of transactions, and adjustment of account balances.
  1. DISCLOSURE OF FINANCIAL INFORMATION
  • The Client represents and warrants that the financial information disclosed to us in his/its Application is an accurate representation of the Client’s current financial condition.
  • The Client represents and warrants that the Client has very carefully considered the portion of the Client’s assets which the Client considers to be risk capital.
  • The Client recognizes that risk capital is the amount of money the Client is willing to put at risk and the loss of it would not, in any way, change the Client’s lifestyle.
  • The Client agrees to immediately inform us if the Client’s financial condition changes in such a way to reduce the Client are net worth, liquid assets and/or risk capital.
  1. NO SEPARATE AGREEMENTS
  • Client acknowledges that Client has no separate agreement with AvaTrade or any of its employees or agents regarding the trading in Customer’s 31FX account, including any agreement to guarantee profits or limit losses in Client’s account.
  • Client understands that Client must authorize every transaction prior to its execution unless Customer has delegated discretion to another party by signing 31FX’s limited trading authorization or as otherwise agreed in writing with 31FX, and any disputed transactions must be brought to the attention of 31FX’s Compliance Officer pursuant to the notice requirements of this Client Agreement.
  • Customer agrees to indemnify and hold 31FX and its subsidiaries, affiliates and agents harmless from all damages or liability resulting from Customer’s failure to immediately notify 31FX’s Compliance Officer of any of the occurrences referred to herein.
  • All notices required under this section shall be sent to 31FX at its home office.
  1. MARKETING PARTNER REFERRAL DISCLOSURE
  • 31FX may engage with advertising affiliates/referrers/marketing partner (“Marketing Partners”) who are wholly separate and independent from one another and from 31FX. Any agreement between 31FX and Marketing Partner does not establish a joint venture or partnership and Marketing Partner is not an agent or employee of 31FX.
  • 31FX does not control, and cannot endorse or vouch for the accuracy or completeness of any information or advice Client may have received or may receive in the future from 31FX’s Marketing Partners or from any other person not employed by, or acting on behalf of 31FX, regarding the risks involved in the trading of Forex and CFDs or the risks involved in such
  • Since Marketing Partner is not an employee or agent of 31FX, 31FX does not endorse or vouch for the services provided by the Marketing Partner. It is the Client’s responsibility to perform necessary due diligence on the Marketing Partner prior to using any of their services.
  • Client understands that in order to trade with 31FX the Client must open an account directly with 31FX. 31FX makes available appropriate risk disclosure information to all Clients when they open accounts. Client should read that information carefully and should not rely on any information to the contrary from any other source.
  • Client acknowledges that no representations and/or warranties have been made by 31FX its servants or agents or any individual associated with 31FX regarding future profits or losses in Client’s account.
  • Client understands that Forex and CFDs trading is very risky, and that many people lose money trading and that all Forex and CFDs trading, including trading done pursuant to a system, course, program, research or recommendations of Marketing Partner, Trading Agent or any other third party involves a substantial risk of loss. In addition, Client hereby acknowledges, agrees and understands that the use of a trading system, course, program, research or recommendations of Marketing Partner, Trading Agent or any other third party will not necessarily result in profits, avoid losses or limit losses.
  • Because the risk factor is high in Forex and CFDs trading, in case Client does not have the extra capital he can afford to lose, Client should consider carefully before trading.
  • Client understands and acknowledges that 31FX may remunerate a Marketing Partner for referring Client to 31FX and that such remuneration may be on a per-trade basis or other basis. Further, the Client has a right to be informed of the precise nature of such remuneration.
  • Client acknowledges that a Marketing Partner may also, in some circumstances, be a Trading Agent. Client understands that by using a Trading Agent, Client may incur a mark-up, above and beyond the ordinary spread generally provided by 31FX.
  • 31FX shall in no way be responsible for any loss to Client resulting from Client’s use of any information or advice given by any third party including a Trading Agent or Marketing Partner.
  1. TRADING AGENTS
  • Client acknowledges that should Client choose to grant trading authority or control over Client’s account to a third party (“Trading Agent”), whether on a discretionary or non-discretionary basis, Client does so at its own risk.
  • Client acknowledges that 31FX its subsidiaries, affiliates or agents shall in no way be responsible for reviewing Client’s choice of such Trading Agent, or the actions taken by it, nor making any recommendations with respect thereto.
  • Client acknowledges and understands:
  • That 31FX makes no warranties or representations concerning any Trading Agent,
  • That 31FX its subsidiaries, affiliates or agents shall not be responsible for any loss to Client occasioned by the actions of the Trading Agent, and
  • That 31FX does not, by implication or otherwise, endorse or approve of the operating methods of the Trading Agent.
  • If a Client chooses to grant trading authority or control over Client’s account to a Trading Agent, Client agrees to enter into a power of attorney agreement (‘POA’) with the Trading Agent to permit same, and to furnish the POA to 31FX.
  • Client acknowledges that upon receipt of the POA, 31FX is authorized to follow the instructions of the Trading Agent in every respect until 31FX is notified in writing by the Client that the POA is revoked or the POA has expired. The Client authorizes 31FX to debit Client’s Account in accordance with the terms agreed between Client and Trading Agent and which are set out in the POA.
  • Every new account must trade on a volume of 2.5M for each 500 EUR deposited, prior to any withdrawal request of profit or available funds.
  • Client acknowledges that the Trading Agent and many third party vendors of trading systems, courses, programs, research or recommendations may not be regulated by a government agency. It is the Client’s responsibility to perform necessary due diligence on the Trading Agent prior to using any of their services and to satisfy themselves of its competence and/or suitability to the Client.
  • Client acknowledges that it or the Trading Agent may elect to use an automated trading system. Client acknowledges that 31FX does not take any responsibility for any such system. The Client is aware of the volume of trading and resulting commissions that such systems may generate and the impact that this may have on the performance of the Account Client accepts the risks associated with the use of computers and data feed systems, which may include, but are not limited to, failure of hardware, software or communication lines or systems and/or inaccurate external data feeds provided by third-party vendors and the Client further agrees to hold 31FX harmless from any losses in the Account associated with these risks. Client acknowledges that neither 31FX nor any of its officers, directors, vendors, employees, agents, associated persons or 31FX personnel will be liable for any such breakdown or failure.
  • Client understands that by using a Trading Agent, Client may incur a mark-up, above and beyond the ordinary spread generally provided by 31FX. Details of any such mark up will be provided in the agreement between the Trading Agent and Client.
  • Client acknowledges that any decisions or actions taken by the Trading Agent on Client’s behalf shall be deemed to have been taken by the Client and any losses or gains generated by the Trading Agent’s action shall be for the Client’s account.
  • Client agrees to indemnify and hold Ava, harmless from and against all liabilities, losses, damages, cost and expenses, including attorney’s fees that arise directly or indirectly from the Trading Agent’s management of the account, including, without limitation all actions, instructions or omissions by the Trading Agent.
  • The Client acknowledges that the risk factor in trading foreign exchange, commodities, futures, Forex and CFDs is substantially high, and therefore the Client further acknowledges that she/he should carefully consider trading through 31FX, whether through a Trading Agent or otherwise, if the Trader does not have capital she/he can afford to lose.
  1. DISCLOSURE OF CUSTOMER INFORMATION
  • 31FX will not share or sell information regarding customers and/or prospective customers, except to its employees, agents, partners, and associates as required in the ordinary course of business, including, but not limited to, 31FX’s banking or credit relationships, or to other persons as disclosed in 31FX’s Privacy Statement.
  • 31FX may also disclose to federal or state regulatory agencies and law enforcement authorities’ information regarding Client and Client’s transactions in response to a request for such information or in response to a court order or subpoena.
  • 31FX will share or sell statistical information without disclosing Client’s identity.
  1. TERMINATION
  • This Agreement shall continue in effect until termination, and may be terminated by Client at any time upon three days prior written notice (which may be by e-mail) when Client has no Forex and CFDs position(s) and no liabilities held by or owed to 31FX upon the actual receipt by 31FX at its home office of written notice of termination, or at any time whatsoever by 31FX upon the transmittal of written notice of termination to Client; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set out in this agreement nor shall it relieve Client of any obligations arising out of any deficit balance.
  1. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
  • All copyright, trademark, trade secret and other intellectual property rights and proprietary rights to the 31FX website in its totality, its contents and any related materials shall remain at all times the sole and exclusive property of the 31FX and its licensors and in the case of third party materials available on the 31FX web site to such third party and Clients shall have no right or interest in the 31FX IP except for the right to access and use the 31FX IP as specified herein.
  • Client acknowledges that the 31FX IP is confidential and has been developed through the expenditure of substantial skill, time, effort and money.
  • The Client will protect the confidentiality of the 31FX IP and not allow website access to any third party.
  • Client will not publish, distribute, or otherwise make available to third parties any information derived from or relating to the 31FX IP.
  • Client will not copy, modify, de-compile, reverse engineer, or make derivative works of the 31FX or in the manner in which it operates.
  • If Client has comments on 31FX’s services or ideas on how to improve them, Client is welcome to contact 31FX. By doing so, Client grants 31FX a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate Client’s ideas or comments into the 31FX’s services, and to otherwise exploit Client’s ideas and comments, in each case without payment of any compensation.
  1. RECORDINGS
  • Client agrees and acknowledges that all conversations regarding Client’s account(s) between Client and 31FX’s personnel may be electronically recorded with or without the use of an automatic tone warning device.
  • Client further agrees to the use by 31FX’s, its subsidiaries, affiliates and agents of such recordings and transcripts as it deems fit in connection with any dispute or legal preceding that may arise.
  • Client understands that 31FX’s destroys such recordings at regular intervals in accordance with 31FX’s established business procedures and Client hereby consents to such destruction.
  1. LEGAL RESTRICTIONS
  • Without limiting the foregoing, Client understands that laws regarding financial contracts vary throughout the world, and it is Client’s obligation alone to ensure that Client fully complies with any law, regulation or directive, relevant to Client’s country of residency with regards to the use of the Web site.
  • For avoidance of doubt, the ability to access 31FX’s ‘s Web site does not necessarily mean that 31FX’s services, and/or Client’s activities through it, are legal under the laws, regulations or directives relevant to Client’s country of residency.
  • This Web site does not constitute, and may not be used for the purposes of, an offer or solicitation to anyone in any jurisdiction in which such offer or solicitation is not authorized, or to any person to whom it is unlawful to make such an offer or solicitation.
  • Access to this Web site, and the offering of financial contracts via this site, may be restricted in certain jurisdictions, and, accordingly, users accessing this site are required to inform themselves of, and to observe, such restrictions.
  1. DECLARATION
  • By acceptance of this Agreement, Client hereby declares that the moneys invested in Customer’s account with 31FX do not originate from drug trafficking, abduction, or any other criminal activity.
  1. TAX COLLECTION
  • Client knows, understands and agrees that, in general, 31FX does not collect tax for any authority in any form or manner.
  • Without limiting the foregoing, it is Client’s obligation alone to calculate and pay all taxes applicable to you in Client’s country of residence, or otherwise arising as a result of Client’s trading activity from the use of the 31FX’s services.
  • Without derogating from Client’s sole and entire responsibility to perform tax payments, Client agrees that 31FX may deduct tax, as may be required by the applicable law, but is not obligated to do so, from the results of the activity with 31FX.
  • Client is aware that amounts that may be withdrawn by Client from Client’s account are “gross amounts”, from which the 31FX may deduct such taxes, and that Customer shall have no claim towards 31FX with regard to such deductions.
  1. ACCOUNT PROCEDURES – IDENTIFICATION
  • Client acknowledges that applicable laws require financial institutions to obtain, verify, and record information identifying each person who opens an account.
  • Client further acknowledges that 31FX makes efforts to prevent fraud and to confirm Client’s identity.
  • Accordingly, Client has provided 31FX, or shall provide 31FX promptly following the opening of the trading account, with certain identifying information and documents as shall be requested by 31FX, including a copy of Client’s ID, a copy of Client’s utility bill (e.g., phone bill, property tax bill), and copies of both sides of Client’s credit card (in the event deposit has been made through credit card).
  • Client confirms that Client has provided true, accurate, current and complete information during the registration process, and that Client has not impersonated any person or entity, or misrepresented any affiliation with another person, entity or association, used false headers or otherwise concealed Client’s identity from 31FX for any purpose.
  1. WITHDRAWAL AND DEPOSIT PROCEDURES
  • Client further acknowledges and accepts 31FX’s procedures with respect to withdrawals and deposits to accounts as set forth below:
  • Withdrawal orders: The provision of documentation as may be required from time to time by Anti Money Laundering regulations, credit card companies and 31FX, is a prerequisite, prior to the execution of a withdrawal order.
  • Client acknowledges that withdrawals may take longer than expected for numerous reasons, some in 31FX’s control and some not.
  • Credit card deposits may be, according to credit card companies’ regulations, returned to the same credit card when a withdrawal is performed. A withdrawal to a bank account where initial deposits have been performed by credit cards will be executed back to credit card or to the bank account at 31FX’s discretion. Withdrawals to bank account may take a longer time period, due to additional security procedures.
  • Credit Card Deposits Variance: When choosing an account base currency other than USD, Client’s credit card may be debited sums which due to exchange rates and credit card companies’ fees, may slightly vary from the initial sum that has been deposited by Client in the account base currency. Client hereby accepts that such variations may occur and hereby affirms that Client shall not seek to object or charge this back.
  • When depositing by a Bank Transfer, as required by anti-money-laundering regulations, Client is required to use a bank account, which is in Client’s country of residence and in Client’s name. Any withdrawal of funds, from Client’s 31FX account to a bank account, can only be refunded to the same bank account that the funds were originally received from.
  • Alternative payment methods (internet payment vendors; money transfer services; etc.): when depositing funds using a facility other than credit cards and/or banks, you agree to, and acknowledge being bound by, the regulations and rules of such service, including, but not limited to, fees and other restrictions. 31FX, at its sole discretion, may execute withdrawals to a facility other than the facility used for the original deposit, in accordance with anti-money-laundering regulations.
  1. STATEMENTS
  • Client hereby consents to receive account statements and trade confirmations online.
  • 31FX will provide customer with password-protected access to online reports.
  • Client will be able to generate Daily, Monthly and Annual account statements detailing transaction activity, profit and loss statements, open positions, margin balances, account credits and debits, etc.
  • Hard copies of Monthly customer statements are available upon request only and may incur an additional charge.
  • Statements are deemed received when made available to Client by 31FX, regardless of whether the Client actually accessed the statement.
  • Client is responsible for alerting 31FX to any change in their e-mail address.
  • This consent shall be effective until revoked by Client in writing and received by 31FX according to Section 16 of this Client Agreement.
  1. CONSENT TO ELECTRONIC SIGNATURE
  • By electronically signing 31FX’s account agreement and related documents, Client acknowledges receipt of the Client account letter, Client agreement and other documents contained as part of 31FX’s electronic account package and Client agrees to be bound by their terms and conditions.
  • In addition, by signing 31FX’s account agreement and related documents, Client is consenting to 31FX maintaining and Client receiving electronic records of Client’s trades and accounts.
  1. CONSENT TO EXECUTION OF ORDERS OUTSIDE A REGULATED MARKET OR MTF
  • Client hereby acknowledges and consents to 31FX executing orders over the counter and outside a regulated market or MTF.
  1. WAIVER AND AMENDMENT
  • Client understands, acknowledges and agrees that 31FX may amend or change this Agreement at any time.
  • 31FX will provide notice to Client of any such amendment or change by posting the amendment or change on 31FX ‘s website or by sending an e-mail message to Client at least 7 days before it takes effect.
  • Client agrees to be bound by the terms of such amendment or change on that date.
  • In the event that Customer objects to any such change or amendment, Client agrees to liquidate Client’s open positions and instruct 31FX regarding the disposition of all assets in Client’s account within ten (10) business days after notice of the amendment or change has been posted on AvaTrade’s website or otherwise notified Client.
  • No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by 31FX or failure of 31FX ‘s agents to assert its rights under this Agreement on any occasion or series of occasions.
  • No oral agreements or instructions to the contrary shall be recognized or enforceable.
  1. ENTIRE AGREEMENT
  • This Agreement together with all references to 31FX’s policies and procedures made in this Agreement, and together with the Risk Disclosure Statement, Trading Conditions and Charges and Privacy Statement embodies the entire agreement between 31FX and the Customer, superseding any and all prior written and oral agreements.
  1. ASSIGNMENT
  • Client may not assign or transfer any of its rights or obligations under this Agreement to a third party without the prior written consent of 31FX. Any attempted assignment or transfer in violation of the foregoing will be void. 31FX may freely assign this Agreement.
  1. GOVERNING LAW AND JURISDICTION
  • This Agreement, the rights and obligations of the parties hereto, and any judicial or administrative action or proceeding arising directly or indirectly hereunder or in connection with the transactions contemplated hereby shall be governed by, construed and enforced in all respects in accordance with the laws of England and 31FX and the Client hereby irrevocably submit to the non-exclusive jurisdiction of the English Courts.
  1. BINDING EFFECT
  • This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Client at any time opened or reopened with 31FX irrespective of any change or changes at any time in the personnel of 31FX or its successors, assigns, subsidiaries, affiliates or agents.
  • This Agreement including all authorizations, shall inure to the benefit of 31FX and its subsidiaries, affiliates, agents, successors and assigns, whether by merger, consolidation or otherwise, and shall be binding upon Client and/or the estate, executor, trustees, administrators, legal representatives, successors and assigns of Client.
  • Client hereby ratifies all transactions with 31FX affected prior to the date of this Agreement, and agrees that the rights and obligations of Client in respect thereto shall be governed by the terms of this Agreement.

CLIENT ACKNOWLEDGES HAVING RECEIVED, READ AND UNDERSTOOD THE FOREGOING CUSTOMER AGREEMENT AND HEREBY AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREOF.