CLIENT AGREEMENT
1. Subject of the Agreement
1.1. The subject of this Agreement is brokerage services in the financial markets. This Agreement defines the procedure and conditions for the Client's work with QuantumSolutions Open-ended Protected Cell Company Limited (hereinafter referred to as the Company). The Client and the Company are collectively referred to as the "Parties" for the purposes of this Agreement. All annexes to this Agreement are its integral part.
1.2. The Company provides the Client with services for conducting Transactions on over-the-counter markets, as well as making other orders of the Client.
1.3. Under this Agreement, the Company has the right to provide the Client with additional services related to brokerage services. Additional services, as well as the Company's remuneration for such services, are determined in an additional agreement, which is signed directly between the Company and the Client interested in receiving such services.
1.4. Under this Agreement, the Company has the right from time to time, on its own initiative or at the request of the Client, to provide the latter with analytical information and other information about financial markets, but not as a service. In this case, the Company will not be responsible for the accuracy, completeness and reliability of such information, as well as for the results of its use by the Client.
2. General provisions
2.1. The Client hereby confirms:
(a) your acceptance of all provisions of this Agreement and its annexes;
(b) its full legal capacity, as well as that it enters into this Agreement knowingly and voluntarily;
(c) it has the necessary knowledge and experience to properly assess its investment and other decisions taken in connection with the Treaty and their consequences;
(d) the completeness and accuracy of the information provided by him to the Company in connection with the conclusion of this Agreement, as well as his obligation to keep such information up to date;
(e) he does not intend to violate applicable law, cause damage to the Company or third parties.
2.2. The Parties acknowledge that an electronic signature in an electronic document is equivalent to a handwritten signature in a paper document.
2.3. This Agreement, including all annexes and forms to it, may be translated into other languages. In the event of any conflict between the texts of the documents, the English language version shall prevail.
2.4. The legal relations of the Parties to this Agreement are governed by the laws of the UAE, without the application of conflict of laws rules.
2.5. The rights and obligations of the Parties are provided for by this Agreement, as well as annexes and additions to it.
2.6. The Company has the right to refuse to execute an Order for the Client if it contains signs of manipulation, illegal use of insider information, legalization (laundering) of criminal proceeds, or funds intended for financing terrorism, other signs in respect of which the Company has reason to believe that such an Order may violate the requirements of applicable law.
3. Responsibility of the Parties
3.1. The Parties bear property liability for non-fulfillment or improper fulfillment of obligations under this Agreement in accordance with the terms of this Agreement and applicable law.
3.2. The company is not responsible:
(a) for the results of the Client's investment decisions, including those made by the Client on the basis of analytical materials provided by the Company;
(b) for non-execution of the Client's Order due to a disruption in the normal functioning of the Company's computer systems or communication channels (malfunctions and failures in the operation of equipment, software, power supply, etc.);
(c) for non-performance or improper performance by third parties of obligations under the Client's Orders under this Agreement.
3.3. The Company is not responsible for any consequences caused by the insolvency of issuers.
3.4. The Company is not liable to the Client for losses caused by the last action or inaction of the Company if the Company reasonably relied on the Client's instructions.
3.5.В in case of non-fulfillment or improper fulfillment of obligations to pay for the Company's services, the Company has the right to suspend servicing the Client until the Client fully fulfills its obligations.
3.6. No information provided by the Company to the Client can be considered as a recommendation to conclude a Transaction.
4. Trading Account Co-owners
4.1. All Joint Trading Account Holders are jointly and severally liable for the respective Joint Trading Account and the Company shall be entitled to provide notices to either the Client or the other Joint Account Holder
4.2. Orders that were sent by one Co-owner are considered legitimate orders of the Client, and the Company is not responsible for informing other Co-owners on the account and / or obtaining their consent;
4.3. Without limiting the effect of the previous clause 4.2, the Company reserves the right to request confirmation of an order, order and / or instruction by all Joint Trading Account Holders;
4.4. In the event of the death or incapacity of the Co-Owner(s) of the Trading Account, the Company shall have the right to accept instructions from the surviving Co-Owner(s) and pay the balance to such surviving Co-Owner(s). All rights and obligations of the Client in relation to the Company also pass to the surviving (surviving) Co-owner (Co-owners).
5. License and platform
5.1 The Company grants the Client a limited non-exclusive license to use the Platform (including the use of the website and software provided by the Company. This license is not transferable. If this Agreement expires, the license will terminate automatically. All rights to the Platform are the property of the Company.
5.2 The Company has the right to close the Platform for maintenance without prior notice to the Client if there are justified reasons for this..
5.3 The Company does not provide any guarantees that:
5.3.1. Access to the Platform is provided on a permanent uninterrupted basis, since access to the Platform may be limited due to maintenance, repair, installation of updates, etc.;
5.3.2. The platform does not contain defects, errors, viruses, and other objects with infecting properties.
5.4. The Company is not responsible for damage, destruction and / or formatting of the Client's data due to malfunctions of his computer system or electronic device, as well as for failures, delays or connection problems.
5.5. The client is not entitled:
5.5.1. Use software that uses artificial intelligence to analyze the systems of the Company and/or the Platform.
5.5.2. Use any type of spider, virus, worm, trojan horse, time bomb, or any other code or command that is designed to corrupt, remove, damage, or split the Platform(s) or communications system, or any other Company system.
5.5.3. Perform any actions aimed at violating the integrity of the computer system of the Company or the Platform.
5.5.4. Carry out any actions aimed at obtaining unauthorized access, including the use of the Platform.
5.5.5. Use the Platform for profit, knowing and/or reasonably believing that the Platform(s) do not work correctly.
5.6. In case of violation by the Client of clause 5.5, the Company has the right to take one or more of the actions set out in clause 11.2. of this Client Agreement.
5.7. The Client undertakes to take the necessary measures to protect the system from viruses and other harmful materials that may harm the Platform, the website or the Company as a whole.
6. Force Majeure
6.1. Force Majeure is an event of insuperable force beyond the control and control of the parties to this Agreement, including but not limited to: strikes, labor conflicts, governmental measures and restrictions, decisions of the relevant authorities, natural disasters and natural disasters, wars, states of emergency , terrorist attacks, and other events of a similar nature, market destabilization, abnormal market conditions, suspension of trading, liquidation or closure of any market, imposition of restrictions, non-standard trading conditions, etc.
6.2. In the event of the occurrence of the events described in the previous paragraph 6.1, the Company has the right to take any action that, in the opinion of the Company, is necessary in a particular force majeure situation, including, but not limited to: suspend trading on the Client’s trading account, change the Company’s Trading Hours to all or some instruments and currencies, close any deals and/or cancel an order, etc.
6.3. The Company is not liable for damage resulting from the application of the actions described in the previous clause 6.2 and non-compliance with the terms of this Agreement in force majeure circumstances.
7. Security of the Client's data
7.1. The Client undertakes not to disclose his secret access data to third parties and notify the Company if there is reason to believe that such data may be disclosed to an unauthorized person so that the Company can take appropriate measures.
7.2. In the event that the Company has reason to believe that there is a possibility of access by unauthorized persons to the Client's data, the Company has the right, at its discretion, to disable the Client's trading account. In this case, these actions of the Company do not give rise to any obligations on the part of the Company to the Client.
8. Placement and execution of orders
8.1. The Client can open (close) positions directly on the Company's Platform, as well as by phone by means of a voice order, in which case the orders will be placed by the Company. In both cases, the Client must enter/provide his secret data.
8.2. The Company undertakes to make the necessary efforts to execute the order, however, the transfer or execution of the order may not always be carried out for reasons beyond the control of the Company.
8.3. The Company has the right, at its sole discretion, to add, remove or suspend any financial instrument from the Platform as necessary.
8.4. Orders are posted during the Company's normal trading hours, on its Platform and/or website, as amended from time to time.
9. Restriction of Client's trading
9.1. The Company has the right to restrict trading on the Client's trading account without sending a corresponding notification to the Client, namely: to cancel orders, to reject the execution of an order, without giving rise to grounds for compensation claims or other claims from the Client, in cases where the following circumstances occur:
9.1.1. Failures in the Internet connection or communication lines.
9.1.2. Court order, requirement of regulatory or supervisory authorities, as well as for the purposes of combating fraud, terrorist financing and / or money laundering.
9.1.3. Force majeure, market destabilization.
9.1.4. Possible invalidity of the order.
9.1.5. Failure to fulfill obligations by the Client.
9.1.6. Termination of the Agreement.
9.1.7. The Company's system rejects the order due to imposed trading restrictions.
9.1.8. The balance of the Client's trading account is insufficient to place a specific order.
10. Deposits and withdrawals
10.1. The minimum initial deposit required to activate a trading account is set by the Company and may differ for different types of accounts.
10.2. The method of replenishment and the currency of the deposit are set by the Company at the relevant point in time.
10.3. The Company has the right to request from the Client any documents confirming the source of funds. The Company also has the right not to accept the Client's deposit if there are doubts about the legality of the origin of funds.
10.4. In the event that the funds that were 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. The Company may request from the Client the documents necessary to search for and track the transaction, and the Client undertakes to provide such documents.
10.5. In order to withdraw funds from the trading account, the Client needs to make a corresponding request in the personal account on the Company's website. Applications are processed by the Company from 1 (one) to 5 (five) business days.
10.6. The Company reserves the right to refuse the execution of the application for withdrawal, in whole or in part, if:
10.6.1. The Client's application does not contain all the necessary information;
10.6.2. A transfer is requested to an account from which no deposit has previously been made and / or to an account that does not belong to the Client;
10.6.3. There is a force majeure event;
10.6.4. At the time of payment, the Client's balance is less than the amount specified in the withdrawal request, including all commissions;
10.6.5. Free Margin is not sufficient to fulfill the relevant withdrawal request;
10.6.6. The Company reasonably believes that cash may be required to meet margin requirements;
10.7. The Company does not accept anonymous payments or payments made by third parties to the Client's account.
10.8. The Company reserves the right to reasonably reject a request to withdraw the Client's funds if he requests a specific method of transfer, and also has the right to offer an alternative method of transfer.
10.9. All commissions for the transfer of funds are borne by the Client.
10.10. The company is not responsible for errors made during the execution of the recall if they were made through no fault of the company.
11. Failure to comply with the terms of the Agreement
11.1. Non-compliance with the terms of the Agreement is the following cases:
11.1.1. Failure by the Client to fulfill any obligations to the Company.
11.1.2. The presence of any amount payable by the Client in favor of the Company.
11.1.3. The requirement of a competent court or authority to take certain measures, the requirement of applicable law or other jurisdiction to which the Client belongs.
11.1.4. In the event of the Client's death, declaring him missing, as well as in the event that the Client acquires a mental illness (if the Client is an individual).
11.1.5. Other circumstances when the measures set out in paragraph 11.2, in the opinion of the Company, need to be taken.
11.1.6. The use of unfair trading strategies, including but not limited to news trading, scalping, manipulation or a combination of fast and slow quotes, etc.
11.1.7. The use by the Client of a stolen card to replenish a trading account.
11.1.8. Carrying out actions that may harm the Company and/or its employees.
11.2.In the event of the occurrence of the events set out in the previous clause 11.1., the Company has the right:
11.2.1. Terminate this Agreement unilaterally without prior notice to the Client.
11.2.2. Close open positions.
11.2.3. Close access to the Platform for a certain period or completely, as well as suspend or prohibit the performance of any actions on the Platform.
11.2.4. Reject the transmission or execution of the Client's order.
11.2.5. Restrict Client's trading.
11.2.6. Cancel the profit received during the illegal operations indicated in clause 11.1 or due to the use of artificial intelligence on the Client's trading account.
11.2.7. File a claim for damages suffered by the Company.
12. Termination of the Agreement
12.1. Any of the Parties may at any time refuse to execute this Agreement (terminate the Agreement) unilaterally without explaining the reason for refusal by sending a 15-day notice to the other Party of termination of the Agreement.
12.2. The Agreement is considered terminated after 30 (thirty) calendar days from the date of sending the notice of termination of the Agreement.
12.3. If there are no transactions on the account (accounts) of the Client for more than 1 (one) month, the Company has the right to recognize such an account as “dormant” and write off a monthly commission for servicing such an account in the amount of 25 euros or 25 US dollars, depending on the currency of the trading account.
12.4. In case of sending (receiving) a notice of termination of the Agreement, the Client is obliged to give the Company instructions regarding the funds on his trading account with the Company, as well as to resolve other issues related to the termination of this Agreement.
12.5. If, as of the date of termination of the Agreement, funds remain on the Client’s Trading Account, the Company has the right to transfer the specified assets to another Trading Account opened for such a Client, as well as to a bank or crypto account using the details previously specified by the Client.
13. Intellectual property
13.1. All copyrights, trademarks, industrial property rights and other intellectual property are the property of the Company (or third parties that provide services or licenses, as appropriate) and the Client has the right to access the Company's materials only in the manner established for working on the client's account under this Agreement.
14. Making changes and additions.
14.1. КThe company may supplement or replace any article or part of the Agreement in part or in full by publishing it on the official website. Such additions and changes come into force from the moment of their publication.
14.2. If the Client objects to the changes, he must inform the Company about it within 5 days from the date the changes come into force. In the absence of such notice to the Client, it is considered that such changes have been approved by him. If the Client sends notice of objection to such changes, the Company has the right to require the Client to close his Account.