1.1. This Client Agreement (hereinafter referred to as the "Agreement") is drawn up by ReaL CapitaL LTD (hereinafter referred to as the "Company") on the one hand and the Client (natural or legal person) who has been accepted by the Company as a Client (hereinafter referred to as the "Client"), with the other party, collectively referred to as the "Parties".
1.2. The company is registered at Canada, Montreal, Sun Life Center, office 357 under number 51570.
1.3. This Client Agreement, all Appendices to the current edition, taking into account changes and additions, sets the terms for the provision of services to the Client by the Company. The Client is advised to carefully read these documents and make sure that the Client fully understands and accepts the conditions set forth in this Agreement and its Appendices.
1.4. This Agreement is binding and acts in the interests of the Parties to the Agreement, as well as their eligible successors.
1.5. If the Client is an individual, the Client hereby declares that:
1.5.1. He has the legal capacity to participate in investment activities, is of sound mind and is able to make decisions about his actions.
1.5.2. He acts as a principal and not as an agent or representative or trustee or trustee on behalf of a third party.
1.5.3. The information provided by the Client to the Company in the Application for Opening a Client Account and all subsequent information is true, accurate and complete, and the documents submitted by the Client are valid and correct.
1.5.4. He has read and fully understands the terms of this Agreement.
1.5.5. The Client's funds used for trading are not direct or indirect income derived from illegal activities, as well as used or intended for the financing of terrorism.
1.5.6. The client is not a politically exposed person and does not have any relationship with a person who has or has held in previous
twelve months significant social status. If in the course of working with the Company he becomes a politically exposed person, the Client undertakes to notify the Company about this.
1.5.7. The client is aware of the risks of margin trading and is fully aware of them.
1.5.8. The client agrees to provide information via the website or email.
2. Commencement of the Agreement
2.1. After the Client fills out an application for opening a trading account for the purpose of conducting trading operations on the over-the-counter market, and providing all the necessary documents, the Company conducts an internal check in order to accept a person as a Client or reject his application for opening a trading account.
2.2. The company reserves the right to request additional documents from the Client.
2.3. The Agreement enters into force from the moment the Company accepts the person as a Client.
3. Conducting an assessment
3.1. To provide the Company's services to the Client, the Company has the right to request information from the Client or a potential Client regarding his knowledge and experience in the investment field related to a specific type of service or financial instrument, which will allow the Company to assess how the service or financial instrument is
suitable for the Client. ...
3.2. Conducting an assessment of the conformity of a particular financial instrument or service is a right, not an obligation of the Company, and the Company conducts such an assessment at its sole discretion.
4. Tips and comments
4.1. The Company does not advise the Client on the advantages of a specific order and does not provide any investment advice, and the Client hereby confirms that he is aware that the Company's services do not include the provision of advice.
4.2. The client, as the sole account holder, makes independent investment decisions based on his own judgment and is solely responsible for any results on his trading account.
4.3 It is not the responsibility of the Company to provide the Client with any legal, tax or other advice. If desired, the Client can seek independent advice before concluding a transaction.
4.4 The Company may, in individual cases and at its sole discretion, provide the Client with news, comments or other data for informational purposes, however:
4.4.1 The Company is not responsible for this information.
4.4.2 The Company makes no guarantees regarding the accuracy, correctness and completeness of such information, as well as regarding the tax or legal consequences of any transaction.
4.4.3 Such information does not constitute investment advice, recommendation or advertising.
4.5 Market comments, news or any other information provided by the Company may be changed and removed at any time without prior notice.
5. Grant of license and platform
5.1 The Company grants the Client a limited, non-transferable, non-exclusive and renewable personal use license to use the Platform (s) (including the
use of the site and any relevant downloadable software available at a given time) solely for personal use for the purpose of placing orders on a specific financial instrument in accordance with the terms of the Client
Agreement. If the Agreement is terminated for any reason, the license will be automatically terminated and the Client will not be able to use the Platform's software.
5.2 If the Platform includes any third party software, its use will also be governed by the terms of this Agreement. Customer must fully comply with the terms of the third party software licenses that Company may provide to him as required.
5.3 All rights to the Platform are the property of the Company.
5.4 The Company has the right to close the Platform (Platforms) at any time for maintenance without prior notice to the Client. In this case, the Platform (Platforms) will (will) be unavailable for use.
5.5 If necessary, acting on reasonable grounds, the Company has the right to add, change or remove any of the Platforms or parts thereof.
5.6 The Company does not guarantee that:
5.6.1 The platform will be available for operation at any time on a continuous, uninterrupted basis.
5.6.2 The platform is free of errors or defects;
5.6.3 The Platform does not contain viruses or other objects with infectious or destructive properties.
5.7 The Company is not responsible for failures, delays or connection problems when using the Platform (Platforms).
6. Intellectual property
6.1. Platform (Platforms), all copyrights, trademarks, patents, service marks, trade names, program code, icons, logos, symbols, layouts, trade secrets, buttons, colors, graphics and data names are the sole and exclusive intellectual property of the Company or third parties and are protected by national and international laws and treaties on intellectual property. This Agreement does not transfer to the Client property rights to the Platform (Platforms), but only the right to use the Platform (Platforms) in accordance with the terms of this Agreement. Nothing in this Agreement constitutes a waiver of the Company's intellectual property rights.
6.2. The client should not hide or remove copyright notices, trademark designations or any other such notices and designations from the intellectual property of the Company, the website or the Platform (Platforms).
6.3. The Client is allowed to store and print information submitted to him through the Company's website or Platform (Platforms), including documents, policies, texts, graphics, videos, audio and logos. However, the Client has no right to modify, publish, transfer to a third party, distribute or otherwise reproduce for commercial purposes this information in any format in whole or in part without the written consent of the Company.
7. Using the platform
7.1. The client agrees that he:
7.1.1. Uses the Platform for lawful purposes.
7.1.2. Will not use the Platform for any purpose other than the purposes for which it was provided under this Agreement.
7.1.3. He is responsible for all operations carried out on his trading account.
7.1.4. Undertakes to register the exit from the system on the Platform after completion of work, in order to prevent unauthorized access to his trading account.
7.2. The Client is strictly prohibited from any of the following actions in relation to the Platforms (Platforms):
7.2.1. Use any software that uses artificial intelligence to analyze the Company's systems and / or Platforms (Platforms).
7.2.2. Intercept, control, distort or modify any messages not intended for the Client.
7.2.3. Use any type of spider, virus, worm, Trojan horse, time bomb, any other codes or commands that are designed to distort, delete, damage or separate the Platform (s) or communication system, or any other system of the Company.
7.2.4. Take actions aimed at violating the integrity of the computer system of the Company or the Platform (Platforms).
7.2.5. Perform any actions that provide illegal or unauthorized access to the Platform (Platforms).
7.2.6. Use the Platform (s) and / or receive any advantages and / or benefits from the use of the Platform (s), knowing and / or reasonably believing that the Platform (s) are not working correctly.
7.3. The Client is responsible for ensuring the operation of compatible equipment necessary for its access and use of the Platform (Platforms).
7.4. The Client undertakes to protect the Company from the transmission of computer viruses, harmful materials to the Platform (Platforms) from his personal computer, mobile phone, tablet.
8.1. The client undertakes not to disclose his access data to third parties.
8.2. The Client undertakes to notify the Company immediately if he knows or suspects that his access data or trading account number has become or may be known to third parties. In this case, the Company will take measures to prevent further use of such access data and provide other data for the Client's subsequent access to the system.
8.3. The Client undertakes to assist in any investigation by the Company regarding any unlawful use of the Client's access data.
8.4. The Client confirms that the Company is not responsible for unauthorized access by third parties who have gained access to information, including email addresses, electronic communications, personal data and access data, during the transfer of data between the Parties using the Internet or other communication networks, mail , telephone or any other electronic means of communication.
8.5. If the Company reasonably believes that unauthorized persons have or can get access to the Client's trading account, the Company may, at its discretion, close access to his trading account.
9. Placing and Executing Orders
9.1. The Client can place orders on the Company's Platform or by phone call using his access data provided to him by the Company for this purpose.
9.2. The Company has the right to accept the order for execution if it was placed using the access data on the Platform (Platforms) or by phone.
9.3. Orders submitted for execution by telephone will be posted on the Platform by the Company.
9.4. The Company must make the necessary efforts to execute the order, however, the Client hereby accepts that, despite the adoption of appropriate measures, the transfer or execution of the order may not always be completed for reasons beyond the control of the Company.
9.5. The Client hereby acknowledges that the Company may, at its discretion, add, remove or suspend any financial instrument on the Platform as needed.
9.6. Orders can be placed during the Company's regular trading hours, on its Platform and / or on the website, as amended at the appropriate time.
10. Limitation of client orders
10.1. Without limiting the validity of other provisions of this Agreement, the Company has the right, at any time and at its sole discretion, without notifying the Client, to restrict his trading by canceling orders, rejecting the transfer or execution of any of his orders, and the Client waives any claims against the Company. in the following cases:
10.1.1. Disruption to the Internet connection or communication lines.
10.1.2. A court order, a requirement of the regulatory or supervisory authorities of the applicable jurisdiction.
10.1.3. Doubts about the legality or authenticity of the order.
10.1.4. Force Majeure.
10.1.5. Non-fulfillment of obligations by the Client.
10.1.6. End of this Agreement.
10.1.7. Restriction of trade.
10.1.8. Abnormal market conditions.
10.1.9. The Client does not have enough funds on his balance sheet to execute a specific order.
11. Failure to fulfill obligations
11.1. Each of the following events constitutes an Event of Default:
11.1.1. Refusal of the Client to fulfill any obligations to the Company.
11.1.2. The client, for any reason, refuses to pay off the debt when they are due.
11.1.3. When the information provided by the Client to the Company is or becomes false.
11.1.4. In the event of the death of the Client, his announcement as missing, as well as in the event that the Client acquires a mental illness (if the Client is an individual).
11.1.5. In any other circumstance when the Company reasonably believes that it is necessary or desirable to take the measures set forth in the provisions of clause 11.2.
11.1.6. The competent regulatory authority or court requires the action in clause 11.2 to be performed.
11.1.7. The Company has reason to believe that the Client is engaging the Company in any type of fraud, illegal activity or violation of applicable regulations, or the Company runs the risk of being involved in any type of fraud, illegal activity or
violation of current regulations by providing services to the Client, even if this is not directly related to the actions of the Client.
11.1.8. The Company has reason to believe that the Client is in breach of applicable law.
11.1.9. If the Company suspects that the Client is engaged in money laundering, terrorist financing, card fraud or other types of criminal activity.
11.1.10. The Company has reason to believe that the Client is engaged in abusive trading methods such as, but not limited to, "scissors", scalping, pip-hunting, placing a stop order for a sell
or buy position prior to the release of financial data, arbitrage, manipulation, etc.
11.1.11 ... The Company has reason to believe that the Client has fraudulently opened a trading account.
11.1.12. The Company has reason to believe that the Client has forged or used a stolen card for depositing to his trading account.
11.1.13. The Company knows and / or suspects that by placing the order, the Client knew and / or believed that this order would be executed or was executed at the off-market price. Such a decision regarding a specific order is made at the discretion of the Company.
11.2. In case of default, the Company has the right, at its sole discretion, without prior notice:
11.2.1. Terminate this Agreement immediately.
11.2.2. Cancel open positions.
11.2.3. Deny access to the Platform (Platforms) on a temporary or permanent basis, as well as suspend or prohibit any actions on the Platform (Platforms).
11.2.4. Refuse the Client to transfer or execute the Client's order.
11.2.5. Limit the Client's trade.
11.2.6. In the event of fraud or as ordered by the law enforcement agencies of the relevant jurisdiction, return the funds to their rightful owner.
11.2.7. Suspend or cancel profits obtained as a result of illegal trading operations specified in clause 11.1 or using artificial intelligence on the Client's trading account.
11.2.8. Submit a statement of claim to recover damages incurred by the Company.
12. Trading accounts, deposits and withdrawals from the account
12.1. Information about the various types of accounts offered by the Company to the Client, as well as the characteristics of trading accounts, is set out on the website and can be changed at its discretion without prior notice.
12.2. The Client's trading account is activated after the Client has made an amount equal to or greater than the minimum initial deposit set by the Company for a specific type of trading account.
12.3. The client can fund his trading account at any time during the term of this Agreement. Detailed information on the methods of replenishing the account is indicated on the website.
12.4. The Company has the right to request documentation from the Client in order to confirm the source of the origin of the funds deposited to the Client's trading account. The Company has the right to reject the Client's deposit if
The company is unsure of the legitimacy of the source of funds.
12.5. If the funds sent by the Client are not credited to his trading account within a reasonable time, the Client is obliged to notify the Company about this in order to track this transaction. The Client hereby confirms that he undertakes to provide the Company with the documents necessary to track this transaction.
12.6. The Company carries out the withdrawal of the Client's funds after receiving a corresponding request from the Client, in accordance with the method established by the Company at the relevant time in the event that the following requirements are met:
12.6.1. Withdrawal request includes all necessary information.
12.6.2. The application requests a transfer to the account from which the transfer was made earlier (bank account, payment system account, etc.) and from which the money was initially credited to the Client's trading account in an amount not exceeding the deposited amount; in case of withdrawal of the amount in excess of the deposited amount, the funds are transferred to the account owned by the Client.
12.6.3. At the time of payment, the Client's balance exceeds the amount specified in the withdrawal request, including all commissions.
12.6.4. Absence of force majeure circumstances preventing the Company from withdrawing funds.
12.6.5. The available funds on the Client's trading account are sufficient to withdraw the requested amount.
12.6.6. The absence of circumstances preventing the withdrawal of funds at a specific moment, including the circumstances specified in article 11 of this Agreement.
12.7. The Company does not accept anonymous payments or payments made by third parties to the Client's trading account and does not transfer funds from the Client's trading account to a third party or to an anonymous account.
12.8. The Company reserves the right to reasonably reject a request to withdraw the Client's funds if he asks for a specific transfer method, and also has the right to offer an alternative transfer method.
12.9. All commissions for the transfer of funds, as well as payment commissions of third parties are borne by the Client, and the Company debits these costs from the corresponding Client account.
12.10. The Client can request an internal transfer of funds to another trading account of the Client with the Company, which he owns.
12.11. The Company is not responsible for errors in the conduct of transfers beyond the control of the Company.
13. Inactive and dormant accounts
13.1. If the Client's account has been inactive for a month or more, a monthly fee of 75 euros USD may be charged for its maintenance.
14.1. The official language of the company is English, Russian, therefore, for clarification of information about the Company and its activities, the Client should contact the main website. If in doubt about the content of the document, the English text will prevail.
14.2. All disputes and disagreements that are not settled amicably are subject to consideration in the courts of Canada, regardless of the provisions of conflict of laws.
14.3. The applicable law is Canadian law.
15. Amendments to the Agreement
15.1. The Company may modernize the Client Account, convert the type of Client Account, update or replace the Platform, expand the range of services provided to the Client, if the Company has reasonable grounds to believe that this action is in favor of the Clients.
15.2. The Company is updating this Agreement by posting it on the Company's website.
15.3. The company has the right to revise its costs, fees and commissions. Such changes are published on the Platform and / or website, and the Client is responsible for regularly checking for updates on a regular basis.
16. Termination of the Agreement
16.1. Without limiting the Company's rights under this Agreement, one party must provide at least 15 business days written notice to the other party to terminate this Agreement.
16.2. Termination by any Party of this Agreement does not affect the existing obligations, as well as any rights and obligations that have already arisen under this Agreement.
16.3. Upon termination of this Agreement, all amounts payable by the Client to the Company are due for immediate payment.
16.4. After the notice of termination of this Agreement is sent and before the date of termination of this Agreement:
16.4.1. The client must close all of his open positions. Otherwise, the Company has the right to close all of its open positions.
16.4.2. The Company has the right to stop providing the Client with access to the Platform (Platforms) or may limit his right to use the Platform (Platforms).
16.4.3. The Company has the right to refuse to accept new orders from the Client.
16.4.4. The Company has the right to refuse the Client to withdraw funds from his account and reserves the right to withhold the Client's funds in case it becomes necessary to close the Client's open positions and / or if the Client has to make any payments in accordance with this Agreement.
16.5. In the absence of signs of illegal activity, alleged illegal activity, fraud of the Client or the receipt of appropriate instructions from the relevant authorities, if the Client's account has a positive balance, the Company (after withholding the amounts that the Company considers necessary to fulfill the Client's obligations) pays the available amount to the Client in accordance with the provisions of article 12 of this Agreement.
17. Force majeure
17.1. Force majeure, among other things, includes the following events:
17.1.1. Government action, outbreak of war or hostilities, threat of war, terrorist acts, national emergency, riot, civil disturbance, sabotage, requisition or any other international catastrophe, economic or political crisis.
17.1.2. Natural disaster, earthquake, tsunami, hurricane, typhoon, accident, storm, flood, fire, epidemic, other natural disaster or force majeure that makes it impossible for the Company to provide services.
17.3. Labor disputes and lockouts that affect the functioning of the Company;
17.4. Suspension of trading on the market, liquidation or closure of any market, fixing minimum or maximum trading prices in the market, decisions of state authorities, regulatory bodies of organizations, decisions of governing bodies.
17.5. A moratorium on financial services announced by the relevant regulatory authorities or any other legal acts or decrees of the regulatory, government, regulatory and supervisory authorities.
17.6. Destruction, failure or malfunction of any electronic, network and communication lines.
17.7. Excessive movement in the level of any transaction and / or underlying asset, or market, or if the Company expects such movement to occur.
17.2. If the Company believes that there is a force majeure circumstance (without limiting any other rights provided for in the Agreement), the Company may take the following actions without prior notice:
17.2.1. To take or not to take actions that, at the discretion of the Company, are appropriate in the given circumstances for the Company, the Client and other customers.
17.2.2. Disable the Platform (Platforms) in case of malfunction or to avoid damage.
17.2.3. Cancel the Client's orders.
17.2.4. Refuse to accept the Client's order for execution.
17.2.5. Suspend the Client's trading account.
17.2.6. Increase margin requirements without prior notice.
17.2.7. Close open positions at specified prices when the Company considers it appropriate.
17.2.8. Increase spreads.
17.2.9. Change the leverage.
17.2.10. Change the Stop-Out level.
17.3. The Company is not responsible for any loss or damage arising from any refusal, suspension or delay in the fulfillment of its obligations under this Agreement in the event that such failure, interruption or delay occurred due to circumstances of force majeure.
18. Limitation of Liability and Indemnification
18.1. The Company is not responsible for any losses, costs, expenses or damage incurred by the Client as a result of inaccuracies or errors in the information provided.
18.2. The Company is not responsible for any loss, damage, or expenses incurred by the Client, which are directly or indirectly related, among other things, to the following situations, such as error, disconnection, interruption or failure in the operation of the platform (platforms), or any delay in the operation of the Client's terminal, any technical problems, system failures and malfunctions, as well as abnormal market conditions, actions, inaction or negligence of a third party.
18.3. The company is not responsible to the Client for any incidental,
additional, incidental or consequential losses, damages, lost profits, lost opportunities (including in relation to market movements), costs or expenses that the Client may incur in connection with the Agreement, the provision of services or the use of the Platform (Platforms).
19. Holders of a joint account
19.1. If the term "Client" consists of two or more owners, such a trading account is joint and their responsibility under this Agreement is joint and several.
19.2. Alerts and other notifications sent to one owner of a trading account are considered sent to all owners that form the concept of "Client".
19.3. Orders placed by one of the trading account holders are considered to be sent by all holders forming the concept of “Client.
19.4. In the event of the death or incapacity of one of the owners of the trading account, forming the concept of "Client", all rights and obligations arising from this Agreement and its annexes are transferred to the surviving (surviving) owners of the trading account.
20. Currency conversion
20.1. If the Client deposits funds in a currency other than the currency of the Client's account, the Company is not responsible for possible losses or damage incurred by the Client as a result of fluctuations in exchange rates.