Правила и условия
Trading Binary Options(“Trading”) means that a contract is being created which givesthe Client the right to estimate the direction of the change in priceof an underlying asset, within a certain time frame determined by theCompany. This trading instrument is different from trading ‘options’in a traditional way, since there is a fixed return that isdetermined at the outset of the trade.
- The Trading Account
- AccountOpening – The Client may apply for an account through theCompany’s website and the Company will accept such an applicationcreating the “Trading Account”, under the following terms: (i)the Company has received confirmation that the Client has agreed toenter into this Agreement (such confirmation can be made bychecking the “I AGREE” button or link on the Company’swebsite (the “Website”), followed by a completed applicationform (if applicable) and all other Client information, theprovision of which may be required by the Company. The Clientconfirms that Client’s information is full, accurate andcomplete. If there is a change in the information provided by theClient, the Client must notify the Company immediately.
- Usage of theTrading Platform is made through the Account by a limited licenseprovided by the Company to the Client. The license is personal,non-transferable and is for persons who are older than 18 years old(or older legal age, if the law applicable to the Client’sjurisdictions requires a higher legal age) and subject to thisAgreement. The Client will not transfer, assign, or enable other tomake any use of the license, and/or give the Client’s accesscodes to the Trading Account to anyone. Any damage caused to theClient, the Company and any third party due to breach of thisAgreement by Client, shall be under the Client’s soleresponsibility.
- Activationof the Trading Account – The Account will be activated by theCompany as soon as the Company has identified the funds credited bythe Client to the Trading Account. The Company may activate theTrading Account and permit trading in the Trading Account subjectto such limitations, and to the satisfaction of such furtherrequirements as the Company may impose. Where a Trading Account isnot activated or is frozen, no funds held by the Company in respectof that Trading Account may be transferred back or to any otherperson until the Company is satisfied that all ApplicableRegulations have been complied with.
- The Companymay act, according to the Company’s sole discretion, as principalor as agent on the Client’s behalf in relation to any Transactionentered into pursuant to the Agreement. Therefore the Company mayact as the counter party to the Client’s trading activity. TheClient confirms that it acts as the sole principal and not as agentor trustee on behalf of someone else.
- The Clienthereby represents and warrants that his engagement with the Companyin this Agreement and his use of the Company’s services are infull compliance with the law applicable to the Client.
- The Transactions
- The TradingPlatform enables Binary Options trading in exchange rates ofdifferent currencies, commodities, and any other financialinstruments made available by the Company. The Trading Platformdisplays indicative quotes of exchange rates of different financialinstruments pairs, based on different financial informationsystems, as the most updated exchange rates in the internationalcapital markets. For determining the quotes for different timeperiods, the platform makes mathematical calculations according toknown and accepted capital markets formulas. It is acknowledged byboth Parties that due to different calculation methods and othercircumstances, different trading platforms and/or markets maydisplay different price quotes.
- The Clientwill receive a predetermined pay-out if their binary optiontransaction expires in-the-money, and he will lose a predeterminedamount of his investment on the Transaction if the option expiresout-of-the-money. The predetermined amounts are a derivative of thecollateral invested in the transaction by the Client, and will bepublished on the Trading Platform. The degree to which the optionis in-the-money or out-of-the-money does not matter as it does withtraditional options.
- The Clientauthorizes the Company to rely and act on any order, request,instruction or other communication given or made (or purporting tobe given or made) by the Client or any person authorized on theClient’s behalf, without further inquiry on the part of theCompany as to the authenticity, genuineness authority or identityof the person giving or purporting to give such order, request,instruction or other communication. The Client will be responsiblefor and will be bound by all obligations entered into or assumed bythe Company on behalf of the Client in consequence of or inconnection with such orders, requests, instructions or othercommunication.
- The Companyreserves the right, but is not obligated to the following: to set,at its absolute discretion, limits and/or parameters to control theClient’s ability to place orders or to restrict the terms onwhich a Transaction may be made. Such limits and/or parameters maybe amended, increased, decreased, removed or added to by theCompany.
- Arbitrage/cancellationof orders and transactions – The Company does not allow actionsor non-actions by the Client or any person authorized on theClient’s behalf based on arbitrary calculations or other methodsthat are based on exploitation of different systems or platformsmalfunction, delay, error etc. The Company is entitled, by its owndiscretion, to cancel any transaction that has been executed due orin connection with an error, system malfunction, breach of theAgreement by Client etc. The Company’s records will serve asdecisive evidence to the correct quotes of the world capitalmarkets and the incorrect quotes given to the Client; The Companyis entitled to correct or cancel any trade based on or according to.
- Cancel Feature Abuse
TheCompany offers a special cancellation feature that allows traders tocancel a trade within a few seconds of execution. Abuse of thecancellation feature can be considered market arbitrage and canresult in forfeiture of profits. Company reserves the right tocancel a position if the cancellation feature is abused. Theacceptable cancellation percentage cannot exceed 20% of the totalnumber of executed trades. Cancelling more than 20% of the totalnumber of executed trades is considered abuse of this feature andresulting profits may be forfeited from such abuse.
- The Clientmay transfer funds to the Company via different payment methods aspermitted by the Company from time to time and in any currency(accepted by the Company), and such funds will be converted andmanaged on the Trading Platform in US Dollars and/or Euro and/orGBP and/or CAD and/or AUD, as determined by the Company, accordingto an exchange rate determined by the Company according to theavailable market rates.
- When makinga bank transfer, the Client must send the Company an authenticSWIFT confirmation, stating full bank account details and proofthat the bank account is registered under the client’s name.Non-delivery of the SWIFT confirmation or if the details do notmatch the Client’s details as registered with the Company mayresult in the funds not being credited to the Client’s TradingAccount.
- Whenever theClient transfers funds to the Company, those funds belong to theCompany and will be treated as such for the purpose of securing orcovering the Client’s present, future, actual, contingent orprospective obligations, subject only to any contractual obligationof the Company to pay or return money to the Client according tothe terms of this Agreement. The Client will not have anyproprietary claim over money transferred to the Company, and theCompany can deal with these funds in its own right. In determiningthe amount of collateral and the amount of the Company’sobligations to pay or return money to the Client, the Company mayapply such methodology (including judgments as to the futuremovement of markets and values), as the Company considersappropriate.
- The Fundsdeposited with the Company by the Client, together with any Profitor other Benefits the Client may be entitled to according to anyspecific agreement with the Company, shall be used as security forany Transaction, including Trading Losses, Commission and any otherfee or debt owed by the Client to the Company, which will beautomatically deducted from the Client’s Trading Account equity.The Client’s Funds shall not accumulate any interest or any otherbenefits. Trading binary options that relate to a referencesecurity shall not grant the Client any right to dividends, voting,allocations or any other Benefits, but may be subject toadjustments according to financial or corporate events which mayhave an effect the reference security, such as distribution ofdividends, splits etc.
- Repayment ofany funds by the Company to the Client will be in the same currencyand to the same account/credit card from which the funds wereoriginally transferred, unless the Company has decided, by its owndiscretion, to return the funds to a different Client account.
- The Clientdeclares that all funds that they transfer to the Company do notderive from any criminal or other illegal activity and do notviolate any applicable anti money laundering laws and/orregulations.
- The Clientwill have no claim against the Company and will not hold theCompany responsible for any delay and/or differences originatingfrom credit companies, banks or other financial institutions, ratescalculation and/or commission and/or any other debit.
- Withdrawals- In the case of the Client giving an instruction to withdraw fundsfrom their Trading Account, the Company shall pay the specifiedamount (css any transfer charges, if applicable) once aninstruction has been accepted and if at the moment of payment, theClient’s margin requirements have been met. The withdrawalprocedure takes 7 business days once Client’s documentation hasbeen submitted and approved. The Company may cancel the Client'swithdrawal order, if, as per the Company's discretion, theremaining funds (after withdrawal) are not sufficient to secureopen Position(s) in the Trading Account.
- The Companyshall debit the Client’s Trading Account for all payment charges.If the Client has an obligation to pay any amount to the Companywhich exceeds the amount held in the Client’s Trading Account,the Client shall immediately pay such amount upon the Company’srequest.
- The Companyshall not provide physical delivery in relation to any Transaction.As mentioned above, Profit or loss is credited to or debited to orfrom the Trading Account (as applicable) once the Transaction isclosed.
- Fees & Charges
- The Company does not charge brokerage fees or commission for executing trades.
- The Company charges a fee for transfer of funds to the credit of a Trading Account from the Company to the Client, currently equivalent to 35 units per transfer (USD or equivalent in other currencies).
- The Company may levy an additional charge or charges on transfers of funds to be credited to a Trading Account made by debit card or credit card.
- The Company may introduce additional fees and charges, and may change any existing fees and charges, at any time, by giving the Client not css than 10 Business Days’ notice of such changes.
- Account Statements
- Trading Account balances and statements are displayed within the trading platform and made available to the Client by the Company. Common term definitions can be found on the Company’s Website.
- The Company may offer the Client a Bonus, Credit or tangible gifts, from time to time, at its sole discretion.
- Bonuses and profits that are based, even partially, on use of bonus credit, shall be forfeited in case the Client requests withdrawal before a minimum trading volume (turnover) is met.
- Bonuses and profits that are based, even partially, on use of bonus credit, shall be forfeited in case the Company suspects any act of fraud or breach of the Company’s Terms and Conditions by the Client.
- The company will preserve the right to deduct up to 30% as a handling fee from the total deposit in the event the company suspects any act of fraud or breach of the company's terms and conditions by the Client. Without derogating from the above mentioned, in the case of the Client wishing to withdraw funds before the Required Volume is achieved, the Bonus will be deducted from the Client's account, and the account will be charged with a fee equal to 30% of the total deposit.
- Privacy and Data Protection
- The Company shall hold some personal Client information due to the nature of the Company’s business and relations with the Client. All data collected, whether on paper (hard copy) or on a computer (soft copy) is safeguarded in order to maintain Client privacy.
- The Company shall be permitted to disclose and/or use the Client Information for the following purposes: (a) internal use, including affiliated entities; (b) as permitted or required by law; (c) protection against or prevent actual or potential fraud or unauthorized transactions or behavior (d) computerized supervision of the Client’s use of services, review and/or supervision and/or development and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligations to observe any applicable law.
- The Client hereby grants his/her permission to the Company to make use of his/her details in order to provide updates and/or information and/or promotion or marketing purposes through the Clients E-mail address or other contact information. Cancellation of this consent shall be made in writing by providing written notice to the Company, and shall apply to new publications that have not been sent.
- he Client agrees and acknowledges that the Company may record all conversations with the Client and monitor (and maintain a record of) all emails sent by or to the Company. All such records are the Company’s property and can be used at the Company’s sole discretion, among other things, in the case of a dispute between the Company and the Client.
- Affiliation- the Company may share commission and charges with its associates, introducing brokers or other third parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with Client information.
- The Company’s Trading Platform, Website or other services may require the use of ‘Cookies’.
- No Advice
- The Client represents that it has been solely responsible for making their own independent appraisal and investigation into the risks of any Transaction. The Client represents that they have sufficient knowledge, market sophistication and experience to make their own evaluation of the merits and risks of any Transaction. The Company does not advise its Clients in regards to the expected profitability of any Transaction, and any tax or other consequences. The Client acknowledges that they have read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.
- Where the Company does provide market commentary or other information: (a) this is incidental to the Client’s relationship with the Company. (b) it is provided solely to enable the Client to make their own investment decisions.
- The Company shall not be responsible for the consequences of the Client acting upon any such trading recommendations, market commentary or other information.
- The Client acknowledges that the Company shall not, in the absence of fraud, willful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.
- The Company is under no obligation to assess the appropriateness of any Transaction for a Client, to assess whether or not the Client has the necessary knowledge and experience to understand the nature of and risks associated with Transactions. All risks related to the above are under the sole responsibility of the Client.
- Any tax applying to the Client and/or resulting from the Client’s trading activity, including trading profits and/or trading losses and/or any charges and/or deductions, shall be under the Client’s full and sole responsibility. The Client shall personally report and pay any personal, federal, state and local tax liability s/he is obligated to, if applicable. The Company serves as a mediator only and does not collect deduct, pay or withhold tax from the Client. The Company reserves the right, if ordered by an official entity, to deduct tax from the Client and deliver it to the proper tax authority as ordered by the official entity.
- Closing an Account and Cancellation of this Agreement
- Either party may terminate this Agreement by giving 10 (Ten) business days written notice by email to [email protected], of termination to the other party. Either party may terminate this Agreement immediately in any case of any breach of this Agreement or event of Default by the other Party. Upon terminating notice of this Agreement, the Client shall be under obligation to close all open positions, otherwise, the notice shall become void, or the Company shall have the right to close all open positions without assuming any responsibility. Such closure may result in an outcome that would be css favorable for the Client.
- Termination shall not affect any outstanding rights and obligations according to the applicable law and the provisions of this this Agreement.
- Upon termination, all amounts payable by Either Party to the other Party will become immediately due.
- Limitations of Liability and Indemnities
- THE SERVICES OF THE COMPANY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY AFFILIATED SOFTWARE, SERVICES OR COMMUNICATION THAT MAY BE OFFERED OR USED BY THE CLIENT SHALL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM TRADING OR THE USE OF THE COMPANY’S SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- The Client acknowledges and agrees that the Trading Platform follows the relevant market, whether the Client is in front of his computer or not, and whether the Clients computer is switched on or not, and will exercise the order left by the Client, if applicable.
- The Client shall, upon first demand by the Company, compensate the Company from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company.
- The Company shall have the right to off-set any amount owed by the Company to the Client, against any debt or other obligation of the Client towards the Company. In the event of Default of Client (voluntary or involuntary insolvency procedures against the Client) all debts, future debts and other obligations of the Client towards the Company shall become immediately due.
- General Provisions
- Amendments – The Company has the right to amend this Agreement without obtaining any prior consent from the Client. If the Company makes any material change to the Agreement, the Company will give at least 10 (Ten) Business Days notice of such change to the Client. Any such amendment will become effective on the date specified in the notice. Unless otherwise agreed, an amendment will not affect any outstanding order or Transaction or any legal rights or obligations which may have already arisen.
- Partial invalidity- If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforce ability of the remaining provisions of this Agreement nor the legality, validity or enforce ability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
- Joint account- If the Trading Account is a joint account (in the name of more than one entity), then each of the entities on the Trading Account shall be authorized to represent the other entities towards the Company, with no requirement of any prior notice or approval from the other entities. Each of the entities on the Trading Account agrees that any notice or instruction given by the Company to any of the entities shall be considered as given to all the entities. In case of contradiction between instructions given to the Company by different entities, then the last instruction received by the Company will prevail.
- Notices – Unless otherwise agreed, all notices, instructions and other communications to be given by the Company shall be given to the address or fax number provided by the Client, or via e-mail or other electronic means, details of which are provided by the Client to the Company. Any changes in the Details or any complaint shall be directed to the Company’s client services department, who will investigate the complaint and make every effort to resolve it. Such complaints should be made to: [email protected]
- Governing Law – These Terms and any relationship between the Company and the Client shall be governed by law applicable in Dominica and subject to the exclusive jurisdiction of Dominican courts. The Company shall have the right, in order to collect funds owed to the Company by Client or to protect the Company’s rights such as good-name, intellectual property, privacy etc. to immediately bring legal proceedings against the Client, in the Client’s residency and according to the Client’s residency applicable law.
- No Right to Assign- No rights under this Agreement shall be assignable nor any duties assumed by another party except to/by an affiliate of The Company. Upon assignment to an Affiliate of the Company, the terms of this Agreement may be amended to fit any applicable regulation effective upon the assignee, and the Client hereby consents in advance to such regulatory modifications to this Agreement. This Agreement shall be binding and inure to the benefit to any successors heirs of the Client.
- Dormant Trading- If the Client does not perform any trading activity or his trading activity is very low in volume, for any time period defined by the Company, or if the Client does not hold minimum funds in his Trading Account, as defined by the Company, the Company may charge the Trading Account with Dormant Trading commission, at a rate to be determined by the Company from time to time, or close any open trade and/or suspend Client access to the Trading Account and/or terminate this Agreement.
- Language, Notices and Complaints – All communications between the Company and the Client will be in English or in any language, suitable both to the Client and the Company.
- Force majeure – The Company shall not bear responsibility for any harm or any form which shall be caused to the Client in the event that such harm is the result of a force majeure and any outside event which is not under the control of the Company which influences Trading. The Company shall not bear any responsibility for any delay in communications and/or failure of the internet, including, without limitation, computer crashes or any other technical failure, whether caused by the telephone companies and various telecommunication lines, ISP computers, the Company’s computers or the Customer’s Computers.
Ultratrade General Risk Disclosure
Trading in BinaryOptions is considered a risky and speculative investment venue.
The relevant marketsfor Trading are characterized as high volatile markets, whichinherits high risk in evaluating the outcome of a binary option. TheCompany is not and will not, in any way, be responsible to theoutcome of any transaction executed by the Client.
Client should neverfund his trading activities with retirement savings, loans,mortgages, emergency funds, funds set aside for purposes such aseducation or home ownership, or funds required for current income orpresent or future medical expenses.
Not following the rulesand regulations applicable to Trading or any other applicableregulation may result in forced closure of positions (“Trades”),temporary freezing of the Client’s account, closing the accountand/or other actions necessary for the protection of the Company.
The Client must beknowledgeable in the use and functionality of the Trading softwareprovided by the Company, or by any third-party provider, in order tocorrectly interpret account information and to be able to placeorders correctly.
The Company makes nowarranty regarding the effectiveness, accuracy or efficiency of theTrading Platforms. From time to time, the Client may have difficultyaccessing its account data due to a possible myriad of technicalproblems. The Company makes no warranty of merchant ability, nowarranty of fitness for a particular purpose, and no other warrantyof any kind, express or implied, regarding this service, data orinformation provided thereby, or any aspect regarding the order entryor execution services, except as required by applicable law,regarding possible damages, including, but not limited to, lostprofits, trading losses or damages that result from reliance oninaccurate data, or delay or loss of access to customer accountexecution services.
Client should reconcilehis account on a frequent basis. Any suspected discrepancies shouldbe immediately brought to Company’s attention. All tradeconfirmations and monthly statements will be deemed accepted by youif not complained of upon receipt.
The trading servicesprovided are intended to provide professional and non-professionalTraders with a mechanism for execution of trades. The Company isneither registered investment advisers nor broker dealers.
Cease of Trading –Due to the fact that commerce system is based, among others, onnetworks for the exchange of information and the Internet, thecommerce or any part thereof may be ceased and/or disrupted and etc.,without prior notice or for reasons which are not under the Company’scontrol. The Company shall be permitted, inter ilia, to close oradjust Client’s open transactions.