Consent to Conduct Business Electronically
1. Applying Electronically. If you decide to apply to establish a Trading
Account with FXTSwiss, you agree to receive
a Risk Disclosure Statement, Trader Agreement, Trader Account Letter, and Off
Exchange Transaction Disclosure electronically.
2. Electronic Communications. Risk Disclosure Statement, Trader Agreement,
Trader Account Letter, and Off Exchange Transaction Disclosure, and any notices,
instructions, agreements, or any other communications regarding Transactions and
your Account (all of which are referred to herein as the "Communications") may
be presented, delivered, stored, retrieved, and transmitted electronically.
3. Executing Transactions Electronically. The Agreement and Transactions will be
executed using electronic records and electronic signatures.
4. Consenting to Do Business Electronically. The decision whether to do business
electronically is yours, and you should consider whether you have the necessary
hardware and software capabilities. Your consent to do business electronically,
and our agreement to do so, only applies to the establishment and maintenance of
your Account and the execution of Transactions in connection with your Account.
5. Changes to Your Contact Information. You should keep us informed of any
change in your electronic or mailing address or other contact information.
6. Printing. You may print this document by selecting Print from the File menu.
7. Your Ability to Access Communications. When you select the "I Agree" button
below, you acknowledge that you have the capability to access the
Communications.
8. Consent to Electronic Communications. When you select the "I Agree" button
below, you consent to having all Communications provided or made available to
you in electronic form.
9. Consent to Executing Transactions Electronically. When you select the "I
Agree" button below, you consent to executing the Agreement and Transactions by
electronic record and/or electronic signature.
Trader Account Letter
The following describes the terms and conditions upon which FXTSwiss (“FXTSwiss”
or "the Company" or "We"), its successors and assigns, and the party (or
parties) executing this document.
In connection with opening an account to speculate and/or purchase and/or sell
Contracts for Difference (hereinafter referred to as “CFDs”), futures, indices,
foreign exchange, and/or shares through the OTC market (hereinafter referred to
as “OTC”) with FXTSwiss, Customer (hereinafter referred to as Trader)
acknowledges that Trader has been advised and understands the following factors
concerning trading in leveraged OTC, in addition to those contained in the
following Risk Disclosure Statement and the Bankruptcy Statement which have been
provided to Trader.
1. OTC is not traded on a regulated exchange. There are no guarantees to the
credit worthiness of the counter party of your Currency position. Every attempt
has been made to deal with reputable credit worthy banks/clearing houses. Also,
there may be certain cases in which trading liquidity decreases causing trading
in a certain Currency to cease, thereby preventing the liquidation of an adverse
position which may result in a substantial financial loss.
2. Trading in OTC is suitable only for those sophisticated institutions or
sophisticated participants financially able to withstand losses which may equal
the value of margins or deposits. OTC accounts are not available through
FXTSwiss t o non- sophisticated participants. Standard accounts start from 5000
USD.
3. The market recommendations of FXTSwiss are based solely on the judgment of
FXTSwiss’ s personnel. These market recommendations may or may not be consistent
with the market position or intentions of FXTSwiss, its affiliates, and
employees. The market recommendations of FXTSwiss are based up on information
believed to be reliable, but FXTSwiss cannot and does not guarantee the accuracy
or completeness thereof or represent that following such recommendations will
eliminate the risk inherent in trading currency. Any market recommendations of
or information provided by, FXTSwiss d o not constitute an offer to buy or sell,
or the solicitation of an offer to buy or sell any OTC transaction.
4. Trader understands that FXTSwiss does not permit its Account Executives to
either exercise discretion or manage an OTC account, or hold a power of attorney
over an OTC account, unless approved by an executive officer of FXTSwiss and
only after proper documentation has been submitted and approved by FXTSwiss. If
Trader’s account is not being traded with Trader’s authorization, Trader must
notify a FXTSwiss Compliance Officer immediately.
5. FXTSwiss' margin policies and/or the margin policies of those banks, clearing
houses and other institutions with which Currency contracts for Trader's Account
are hedged may require that additional funds be provided from time to time to
properly margin Trader's Account and, in such circumstances, Trader will be
obligated to meet such margin requirements immediately or within a short period
of time (3 days). Failure to meet margin calls timely may result in the
liquidation of
all open positions in Trader's Account, with a resultant loss that may be
substantial. FXTSwiss also reserves the right to refuse to accept any order.
Trader is encouraged to avoid margin calls through the use of stops and/or
adequately capitalized accounts.
6. Trader understands that Trader must carefully review the reports relating to
Trader’s trading provided to Trader by
FXTSwiss. Pursuant to the Trader Agreement, all reports of execution will be
deemed final within twenty-four (24) hours and all statements of account will be
deemed final within one (1) day , unless the Trader makes a written objection to
these reports within this 24 hour period of time to an executive officer of
FXTSwiss , at its principal place of business.
7. The Trader has read and understands the Trader’s obligations and rights under
the following Trader Agreement and agrees and acknowledges that the following
Trader Agreement will control the Trader’s relationship with FXTSwiss. The
Trader agrees that Trader is fully responsible for making all final decisions as
to transactions effected for Trader’s account. Trader has considered the
foregoing factors and in view of Trader’s present and anticipated financial
resources, Trader is willing and able to assume the substantial financial risks
of OTC trading.
Trader Agreement
In consideration of FXTSwiss agreeing to carry one or more accounts of the
undersigned ("Trader") and providing services to Trader in connection with the
purchase and sale of Contracts For Difference (hereinafter referred to as “CFDs”),
futures, indices, foreign exchange, and/or shares through the OTC market
(hereinafter referred to as “OTC”), which may be purchased or sold by or through
FXTSwiss for Trader’s accounts(s), Trader agrees as follows:
1. AUTHORIZATION TO TRADE. FXTSwiss is authorized to purchase and sell OTC for
Trader’s account(s) in accordance with Trader’s oral or written or computer
instructions.
2. GOVERNMENTAL, COUNTER PARTY INSTITUTION AND INTERBANKING SYSTEM RULES. All
transactions under this Agreement shall be subject to the constitution, by-laws,
rules, regulations, customs, usage, rulings and interpretations of the counter
party institution or other interbank market (and its clearing organization, if
any) where executed and to all applicable laws and regulations. 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 FXTSwiss 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. Trader acknowledges that all transactions
under this Agreement are subject to the aforementioned regulatory requirements
and Trader shall not thereby be given any independent legal or contractual
rights with respect to such requirements.
3. MARGINS AND DEPOSIT REQUIREMENTS. Trader shall provide to and maintain with
FXTSwiss margin in such amounts and in such forms as FXTSwiss, in its sole
discretion, may require. Such margin requirements may be greater or less than
margins required by a counter party bank. You agree that we have the right to
change the spreads, leverage and quote prices anytime with or without notice,
even that cause profits or losses. FXTSwiss may change margin requirements at
any time. Trader agrees to deposit by immediate wire transfer such additional
margin when and as required by FXTSwiss and will promptly meet all margin calls
in such mode of transmission as FXTSwiss in its sole discretion designates.
FXTSwiss may at any time proceed to liquidate Trader’s account in accordance
with paragraph 7 below and any failure by FXTSwiss to enforce its rights
hereunder shall not be deemed a waiver by FXTSwiss to enforce its rights
thereafter. FXTSwiss retains the right to limit the amount and/or total number
of open positions which Trader may acquire or maintain at FXTSwiss . FXTSwiss
will attempt to execute all orders which it may, in its sole discretion, choose
to accept in accordance with the oral or written or computer instructions of
Trader’s. FXTSwiss reserves the right to refuse to accept any order. We don't
accept scalping. However, FXTSwiss shall not be responsible for any loss or
damage caused, directly or indirectly, by any events, actions or omissions
beyond the control of FXTSwiss 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 a breakdown in or failure of
any transmission or communication facilities.
4. ROLLOVERS AND DELIVERY. With respect to purchases or sales of Currencies
through an OTC account, Trader agrees
to instruct FXTSwiss as to the offset or rollover of a Currency position. Except
as provided herein, during the term of the Currency position, Trader shall give
FXTSwiss instructions for rolling the Currency position no later than two hours
prior to the settlement of trading in the Currency contract on the day Trader
intends to rollover a Currency position. In addition, Trader, by noon of the
business day before the settlement date of the contract of the Currency
contract, shall instruct FXTSwiss whether to deliver, offset or rollover the
Currency position. In the absence of timely instructions from Trader, FXTSwiss
is authorized, at FXTSwiss’ s absolute discretion, to deliver rollover or offset
all or any portion of the Currency positions in the OTC account(s) for Trader’s
Account(s) and at Trader’s risk. Trader’s account(s) shall be charged
commissions, at broker’s rates, upon the rollover or offset of a Currency
position. Unless an account is designated for physical delivery, currency
transactions entered into with FXTSwiss w ill be cash settled only.
5. COLLATERAL AND LENDING AGREEMENT. All funds, securities, currencies, and
other property of Trader which FXTSwiss or its affiliates may at any time be
carrying for Trader (either individually, jointly with other, 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 FXTSwiss as security and subject to a general
lien and right of set-off for liabilities of Trader to FXTSwiss whether or not
FXTSwiss ha s made advances in connection with such securities, commodities,
currencies or other property, and irrespective of the number of accounts Trader
may have with FXTSwiss. FXTSwiss may in its discretion, at any time and from
time to time, without notice to Trader, apply and/or transfer any or all funds
or other property of Trader between any of Trader’s accounts. Trader hereby also
grants to FXTSwiss the right to pledge, re-pledge, hypothecate, invest or loan,
either separately or with the property of other Traders, to itself as broker or
to others, any securities or other property of Trader held by FXTSwiss as margin
or security. FXTSwiss shall at no time be required to deliver to Trader the
identical property delivered to or purchased by FXTSwiss for any account of
Trader. This authorization shall apply to all accounts carried by FXTSwiss for
Trader and shall remain in full force until all accounts are fully paid for by
Trader or notice of revocation is sent by FXTSwiss from its home office.
6. LIQUIDATION OF ACCOUNTS AND PAYMENT OF DEFICIT BALANCES. In the event of (a)
the death or judicial declaration of incompetence of Trader; (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 Trader; (c)
the filing of an attachment
against any of Trader’s accounts carried by FXTSwiss, (d ) insufficient margin,
or FXTSwiss’ s determination that any collateral deposited to protect one or
more accounts of Trader is inadequate, regardless of current market quotations,
to secure the account; (e) Trader’s failure to provide FXTSwiss any information
requested pursuant to this agreement; or (f) any other circumstances or
developments that FXTSwiss deems appropriate for its protection, and in FXTSwiss’
s sole discretion, it may take one or more, or any portion of, the following
actions: (1) satisfy any obligation Trader may have to FXTSwiss, either directly
or by way of guaranty of surety ship, out of any of Trader’s funds or property
in its custody or control; (2) sell any or purchase any or all Currency
contracts, securities held or carried for Trader; and (3) cancel any or all
outstanding orders or contracts, or any other commitments made on behalf of
Trader. 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
Trader, Trader’s personal representatives, heirs, executors, administrators,
trustees, legatees or assigns and regardless of whether the ownership interest
shall be solely Trader’s or held jointly with others. In liquidation of Trader’s
long or short positions, FXTSwiss may, in its sole discretion, offset in the
same settlement or it may initiate new long or short positions in order to
establish a spread or straddle which in FXTSwiss’s sole judgment may be
advisable to protect or reduce existing positions in Trader’s account. Any sales
or purchases hereunder may be made according to FXTSwiss’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 FXTSwiss may
purchase the whole or any part thereof free from any right of redemption. Trader
shall at all times be liable for the payment of any deficit balance of Trader
upon demand by FXTSwiss and in all cases, Trader shall be liable for any
deficiency remaining in Trader’s account(s) in the event of the liquidation
thereof in whole or in part by FXTSwiss or by Trader. In the event the proceeds
realized pursuant to this authorization are insufficient for the payment of all
liabilities of Trader due to FXTSwiss , trader 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 FXTSwiss’ 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 FXTSwiss in curs expenses other than for the
collection of deficits, with respect to any of the account(s) of Trader, Trader
agrees to pay such expenses.
7. STATEMENT AND CONFIRMATION. Reports of the confirmation of orders and
statements of accounts for Trader shall be deemed correct and shall be
conclusive and binding upon Trader if not objected to immediately upon receipt
and confirmed in writing within (1) day after transmittal to Trader by mail or
otherwise. Margin calls shall be conclusive and binding unless objected to
immediately in writing. Written objections on Trader’s part shall be directed to
FXTSwiss by: info@fxtswiss.com Failure to object shall be deemed ratification of
all actions taken by FXTSwiss o r FXTSwiss’s agents prior to Trader’s receipt of
said reports. Trader’s failure to receive a trade confirmation shall not relieve
Trader of the obligation to object as set out herein.
8. COMMUNICATIONS. Reports, statements, notices and any other communications may
be transmitted such address as Trader may from time to time designate in writing
to FXTSwiss. All communications so sent, whether by fax, e-mail or otherwise,
shall be deemed transmitted by FXTSwiss when deposited, or when received by a
transmitting agent, and deemed delivered to Trader personally, whether actually
received by Trader or not.
9. FXTSwiss RESPONSIBILITIES. FXTSwiss w ill not be responsible for delays in
the transmission of orders due to a breakdown or failure of transmission or
communication facilities, electrical power outage or for any other cause beyond
FXTSwiss’s control or anticipation. FXTSwiss s hall only be liable for its
actions directly attributable to negligence, willful default or fraud on the
part of FXTSwiss. FXTSwiss shall not be liable for losses arising from the
default of any agent or any other party used by FXTSwiss under this agreement.
As OTC is not an exchange traded market, prices at which FXTSwiss deals at or
quotes may or may not be similar to prices at which other OTC market makers deal
at or quote. You agree that FXTSwiss, at its sole discretion and with or without
notice, may terminate your access to any or all Services, close or edit your
transactions and remove and discard any information or content within a Service.
10. CURRENCY FLUCTUATION RISK. If Trader directs FXTSwiss to enter into any
currency forex transaction: (a) any profit or loss arising as a result of a
fluctuation in the exchange rate affecting such currency will be entirely for
Trader’s account and risk; (b) all initial and subsequent deposits for margin
purposes shall be made in U.S. dollars, in such amounts as FXTSwiss may in its
sole discretion require; and (c) FXTSwiss is authorized to convert funds in
Trader’s account for margin into and from such foreign currency at a rate of
exchange determined by FXTSwiss in its sole discretion on the basis of the then
prevailing money market rates.
11. RISK ACKNOWLEDGMENT. Trader acknowledges that investment in leveraged and
non-leveraged transactions is speculative, involves a high degree of risk, and
is appropriate only for persons who can assume risk of loss of their entire
margin deposit. Trader understands that because of the low margin normally
required in OTC trading, price changes in OTC may result in significant losses.
Trader warrants that Trader is willing and able, financially and otherwise, to
assume the risk of OTC trading, and in consideration of FXTSwiss’s carrying
his/her account(s), Trader agrees not to hold FXTSwiss responsible for losses
incurred through following its trading recommendations or suggestions or those
of its employees, agents or representatives. Trader recognizes that guarantees
of profit or freedom from loss are impossible of performance in OTC trading.
Trader acknowledges that Trader has received no such guarantees from FXTSwiss or
from any of its representatives or any introducing agent or other entity with
whom Trader is conducting his/her FXTSwiss account and has not entered into this
agreement in consideration of or in reliance upon any such guarantees or similar
representations.
12. TRADING RECOMMENDATIONS. (a) Trader acknowledges that (I) any market
recommendations and information communicated to Trader by FXTSwiss or by any
person within the company, does not constitute an offer to sell or the
solicitation of an offer to buy any OTC contract, (II) such recommendation and
information, although based upon
information obtained form sources believed by FXTSwiss to be reliable, may be
based solely on a broker’s opinion and that such information may be incomplete
and may be unverified, and (III) FXTSwiss makes no representation, warranty or
guarantee as to, and shall not be responsible for, the accuracy or completeness
of any information or trading recommendation furnished to Trader.
Trader acknowledges that FXTSwiss and/or its officers, directors, affiliates,
associates, stockholders or representatives may have a position in or may intend
to buy or sell currencies, which are the subject of market recommendations
furnished to Trader, and that the market position of FXTSwiss o r any such
officer, director, affiliate, associate, stockholder or representative may not
be consistent with the recommendations furnished to Trader by FXTSwiss. Trader
acknowledges that FXTSwiss makes no representations concerning the tax
implications or treatment of contracts; and, (b) Trader further acknowledges
that should Trader grant trading authority or control over Trader’s account to a
third party ("Trading Agent"), whether on a discretionary or non-discretionary
basis, FXTSwiss shall in no way be responsible for reviewing Trader’s choice of
such Trading Agent nor making any recommendations with respect thereto. Trader
understands that FXTSwiss makes no warranties or representations concerning the
Trading Agent, which FXTSwiss shall not be responsible for any loss to Trader
occasioned by the actions of the Trading Agent and that FXTSwiss does not, by
implication or otherwise, endorse or approve of the operating methods of the
Trading Agent. If Trader gives Trading Agent authority to exercise any of its
rights over Trader’s account(s), Trader understands that Trader does so at
Trader’s own risk.
13. TRADER REPRESENTATIONS AND WARRANTIES. Trader represents and warrants that:
(a) Trader is of sound mind, legal age and legal competence; and, (b) No person
other than Trader has or will have an interest in Trader’s account(s); and, (c)
Trader hereby warrants that regardless of any subsequent determination to the
contrary, Trader is suitable to trade OTC and is a sophisticated institution
and/or institutional participant; and, (d) Trader 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 Trader becomes
so employed, Trader will promptly notify FXTSwiss at its home office in writing
of such employment; and, (e) All the information provided in the information
portion of this booklet is true, correct and complete as of the date hereof and
Trader will notify FXTSwiss promptly of any changes in such information.
14. DISCLOSURE OF FINANCIAL INFORMATION. The Trader represents and warrants that
the financial information disclosed to FXTSwiss in t his document is an accurate
representation of the Trader’s current financial condition. The Trader
represents and warrants that the Trader has very carefully considered the
portion of the Trader’s assets which the Trader considers to be Risk Capital.
The Trader recognizes that Risk Capital is the amount of money the Trader is
willing to put at risk and if lost would not, in any way, change the Trader’s
lifestyle. The Trader agrees to immediately inform FXTSwiss if the Trader’s
financial condition changes in such a way to reduce the Trader’s Net Worth,
Liquid Assets and/or Risk Capital.
15. NO GUARANTEES. Trader acknowledges that Trader has no separate agreement
with Trader’s broker or any FXTSwiss employee or agent regarding the trading in
Trader’s FXTSwiss account, including any agreement to guarantee profits or limit
losses in Trader’s account. Trader understands that Trader must authorize every
transaction prior to its execution unless Trader has delegated discretion to
another party by signing FXTSwiss’s limited trading authorization, and any
disputed transactions must be brought to the attention of FXTSwiss’s Compliance
Officer pursuant to the notice requirements of this Trader Agreement. Trader
agrees to indemnify and hold FXTSwiss harmless form all damages or liability
resulting form Trader’s failure to immediately notify FXTSwiss’s Compliance
Officer of any of the occurrences referred to herein. All notices required under
this section shall be sent to FXTSwiss at its home office.
16. JOINT ACCOUNTS. All transactions correspond to the "Trader Account Letter"
and "Trader Agreement". Each tenant has authority: a) To trade for the account
with restraint to the agreements of the account, b) To receive all
correspondence and documents in respect to the account, c) To receive or
withdraw money from the account, d) To execute agreements relating to the
account, and e) To deal with FXTSwiss fully. FXTSwiss has the authority to
require joint action
by the parties of the account in matters of the account. FXTSwiss has possession
over the security of the account individually or jointly. If a death occurs to
one or more of the tenants, FXTSwiss 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. Unless Joint Account Allocation Addendum is
completed, then each tenant is presumed to have equal share.
17. No oral agreements or instructions to the contrary shall be recognized or
enforceable. This instrument and the attachments hereto embody the entire
agreement of the parties, superseding any and all prior written and oral
agreements and there are no other terms, conditions or obligations other than
those contained herein.
18. BINDING EFFECT. This Agreement shall be continuous and shall cover,
individually and collectively, all accounts of
Trader at any time opened or reopened with FXTSwiss irrespective of any change
or changes at any time in the personnel of FXTSwiss or its successors, assigns,
or affiliates. This Agreement including all authorizations, shall inure to the
benefit of FXTSwiss and its successors and assigns, whether by merger,
consolidation or otherwise, and shall be binding upon Trader and/or the estate,
executor, trustees, administrators, legal representatives, successors and
assigns of Trader. Trader hereby ratifies all transactions with FXTSwiss
affected prior to the date of this Agreement, and agrees that the rights and
obligations of Trader in respect thereto shall be governed by the terms of this
Agreement. We may amend or revise this Agreement at any time, you affirm that
you agree to be bound by future revisions. Our services are not available where
they are illegal to use, and the Company reserves the right to refuse and/or
cancel services to anyone at its own discretion.
19. TERMINATION. This Agreement shall continue in effect until termination, and
may be terminated by Trader at any time when Trader has no open Currency
position(s) and no liabilities held by or owed to FXTSwiss upon the actual
receipt by FXTSwiss at its home office of written notice of termination, or at
any time whatsoever by FXTSwiss upon the transmittal of written notice of
termination to Trader; 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 Trader of any
obligations arising out of any deficit balance.
20. INDEMNIFICATION. Trader agrees to indemnify and hold FXTSwiss, its
affiliates, employees, agents, successors and assigns harmless from and against
any and all liabilities, losses, damages, costs and expenses, including
attorney’s fees, incurred by FXTSwiss arising out of Trader’s failure to fully
and timely perform Trader’s agreements herein or should any of the
representations and warranties fail to be true and correct. Trader also agrees
to pay promptly to FXTSwiss all damages, costs and expenses, including
attorney’s fees, incurred by FXTSwiss in t he enforcement of any of the
provisions of this Agreement and any other agreements between FXTSwiss and
Trader.
21. RECORDINGS. Trader agrees and acknowledges that all conversations regarding
Trader’s account(s) between Trader and FXTSwiss personnel may be electronically
recorded with or without the use of an automatic tone warning device. Trader
further agrees to the use of such recordings and transcripts thereof as evidence
by either party in connection with any dispute or proceeding that may arise
involving Trader or FXTSwiss. Trader understands that FXTSwiss destroys such
recordings at regular intervals in accordance with FXTSwiss’s established
business procedures and Trader hereby consents to such destruction.
Risk Disclosure Statement
This brief statement (even though not required for OTC Trading) does not
disclose all of the risks and other significant aspects of trading in leverage
d investments. In light of the risks, you should undertake such transactions
only if you understand the nature of the contracts (and contractual
relationships) into which you are entering and the extent of your exposure to
risk. You should carefully consider whether trading is appropriate for you in
light of your experience, objectives, financial resources and other
circumstances.
1. Effect of ‘Leverage’ or ‘Gearing’. Transactions in OTC accounts carry a high
degree of risk. The amount of initial margin is small relative to the value of
the OTC contract so that transactions are ‘leveraged’ or ‘geared’. A relatively
small market movement will have a proportionately larger impact on the funds you
have deposited or will have to deposit; this may work against you as well as for
you. You may sustain a total loss of initial margin funds and any additional
funds deposited with the firm to maintain your position. If the market moves
against your position or margin levels are increased, you may be called upon to
maintain your position. If the market moves against your position or margin
levels are increased, you may be called upon to pay substantial additional funds
on short notice to maintain your position. If you fail to comply with a request
for additional funds within the time prescribed, your position may be liquidated
at a loss. The default leverage is 100:1, and up to 400:1 leverage for accounts
50000 USD and above.
2. Risk-reducing orders or strategies. The placing of certain orders (e.g.
‘stop-loss’ order, where permitted under local law, or ‘stop-limit’ orders)
which are intended to limit losses to certain amounts may not be effective
because market conditions may make it impossible to execute such orders.
Strategies using combinations of positions, such as
‘spread’ and ‘straddle’ positions may be as risky as taking simple ‘long’ or
‘short’ positions.
3. Terms and conditions of contracts. You should ask the firm with which you
deal about the terms and conditions of the specific currencies which you are
trading and associated obligations (e.g. the circumstances under which you may
become obligated to make or take delivery of the full currency value).
4. Suspension or restriction of trading and pricing relationships. Market
conditions (e.g. illiquidity) and/or the operation of the rules of certain
markets (e.g. suspension of trading in any currency because of price limits,
government intervention or "circuit breakers") may increase the risk of loss by
making it difficult or impossible to effect transactions or liquidate/offset
positions.
5. Deposits and withdrawals. You should familiarize yourself with the
protections accorded money or other property you deposit for domestic and
foreign transactions, particularly in the event of a firm insolvency or
bankruptcy. The extent to which you may recover your money or property may be
governed by specific legislation or local rules. In some jurisdictions, property
which had been specifically identifiable as your own will be pro-rated in the
same manner as cash for purposes of distribution in the event of a shortfall.
Under our anti money-laundering policy regulations withdrawal eligibility sixty
days from last deposit or withdrawal. The minimum withdrawal amount is 100 USD.
6. Commission and other charges. Before you begin to trade, you should obtain a
clear explanation of all commission, fees, markups, markdowns, rollovers,
interest rate differential and other charges for which you will be liable. These
charges will affect your net profit (if any) or increase your loss. We don't
afford any fees for incoming or out going payment, the fees will be from the
payment. The withdrawal fee about 50 USD.
7. Transactions in other jurisdictions. Transactions on currencies of other
countries in other jurisdictions, including markets formally linked to a
domestic market may expose you to additional risk. Such markets may be subject
to regulation which may offer different or diminished investor protection.
Before you trade you should inquire about any rules relevant to your particular
transactions. Your local regulatory authority will be unable to compel the
enforcement of the rules of regulatory authorities or markets in other
jurisdictions where your transactions have been effected. You should ask the
firm with which you deal for details about the types of redress available in
both your home jurisdiction and other relevant jurisdictions before you start to
trade.
8. Currency risks. The profit and loss in transactions in foreign
currency-denominated contracts (whether they are traded in your own or another
jurisdiction) will be affected by fluctuations in currency rate where there is a
need to convert from the currency denomination of the contract to another
currency.
9. Trading facilities. OTC business is not traded on a regulated market and
therefore does not require open-outcry. Even though quotations or prices are
afforded by many computer-based component systems, the quotations and prices may
vary due to market liquidity. Many electronic trading facilities are supported
by computer-based component systems
for the order-routing, execution or matching of trades. As with all facilities
and systems, they are vulnerable to temporary disruption or failure. Your
ability to recover certain losses may be subject to limits on liability imposed
by the system provider, the market, the bank and/or financial institution. Such
limits may vary; you should ask the firm with which you deal for details in this
respect. We offer trading in CFDs on shares, market indices, and futures; not
trading in the underlying instruments themselves. CFD trading with FXTSwiss
therefore does not entitle the Trader to dividends, delivery, or possibly
certain other characteristics of buying or selling the underlying instrument.
Furthermore, CFD and Foreign Exchange trading with FXTSwiss is not conducted on
any futures or stock exchange and is not subject to the rules of any futures or
stock exchange.
10. Electronic trading. Trading on an electronic trading system may differ not
only from trading in the interbank market but also from trading on other
electronic trading systems. If you undertake transactions on an electronic
trading system, you will be exposed to risks associated with the system
including the failure of hardware and software. The result of any system failure
may be that your order is either not executed according to your instructions or
is not executed at all.
Disclaimers:
a. Internet and System failures: Since FXTSwiss does not control signal power,
its reception or routing via Internet, configuration of your equipment or
reliability of its connection, we cannot be responsible for communication
failures, distortions, delays, when you trade on-line (via Internet).
Furthermore, any losses or foregone profits in Trader's account are the
responsibility of the Trader and not FXTSwiss, even if software, hardware, or
other system failures or errors contributed to such losses or foregone profits.
b. Market risks and on-line trading: Trading currencies involves substantial
risk that is not being suitable for everyone. See Trader Agreement for more
detailed description of risks. Trading on-line, no matter how convenient or
efficient, does not necessarily reduce risks associated with currency trading.
c. Password protection: The Trader is obligated to keep passwords secret and
ensure that third parties do not obtain access to the trading facilities. The
Trader will be liable to FXTSwiss f or trades executed by means of the Trader’s
password even if such use may be wrongful.
d. Quoting errors: Should quoting errors occur due to a dealer’s mistype of a
quote, errors in an automatic price feed, or an erroneous price quote from a
dealer, such as but not limited to a wrong big figure quote, FXTSwiss w ill not
be liable for the resulting errors in account balances. FXTSwiss reserves the
right to make the necessary corrections or adjustments on the account involved.
You agree that in the case that any financial contract is acquired or sold at
prices that do not reflect its market prices, or that is acquired or sold at an
abnormally low level of risk (the "mis-pricing") due to an undetected
programming error, bug, defect, error or glitch in our software or any other
reason resulting in mis-pricing (for the purpose of this section the "error"),
FXTSwiss reserves the right to cancel such transactions. You have a duty to
report to the Company any problem, error or suspected system or other
inadequacies that you may experience.
11. Off-exchange transactions
In OTCFX, firms are not restricted to effect off-exchange transactions. The firm
with which you deal may be acting as your counterparty to the transaction. It
may be difficult or impossible to liquidate an existing position, to assess the
value, to determine a fair price or to assess the exposure to risk. For these
reasons, these transactions may involve increased risks.
Off-exchange transactions may be less regulated or subject to a separate
regulatory regime. Before you undertake such transactions, you should
familiarize yourself with applicable rules and attendant risks.
Off Exchange Transaction Disclosure
The acceptance of this Agreement gives acknowledgment that Trader has read,
understands, and gives authorization to the following disclosure to trade
currencies through the OTC foreign exchange market ("OTCFX"):
FXTSwiss may from time to time execute transactions as Trader’s agent on OTCFX
market to trade currencies, pursuant to an agreement between the interbank agent
and FXTSwiss, and that a trade executed between one banks executes a trade onset
by another banking agent.
Trader understands that Trader may be giving up the right to have arbitration
through the above paragraph on foreign exchanges.
• All customer accounts will have their margin requirements established by the
dealing desk at FXTSwiss.
• FXTSwiss establishes all rules and provisions for customer accounts, including
but not limited to minimum account size, investment time period, commissions and
incentive fees, or any other financial arrangements.
• It is the customer’s responsibility to find out all necessary information
about FXTSwiss and make sure that all arrangements are discussed and clearly
understood prior to any trading activity.
• All customers should be aware that guaranteeing any return is illegal. In
addition, FXTSwiss is not responsible for any claims or assurances made by
FXTSwiss, its employees and/or associates.