Trader Agreement
In consideration of 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 FXM Financial Group for Trader's accounts(s), Trader agrees as follows:
1. AUTHORIZATION TO TRADE
FXM Financial Group is authorized to purchase and sell OTC for Trader's account(s) in accordance with Trader's oral or written or computer instructions.
2. MARGINS AND DEPOSIT REQUIREMENTS
Trader shall provide to and maintain with FXM Financial Group margin in such amounts and in such forms as FXM Financial Group, in its sole discretion, may require. Such margin requirements may be greater or less than margins required by a counter party bank. FXM Financial Group may change margin requirements at any time. Trader agrees to deposit by immediate wire transfer such additional margin when and as required by FXM Financial Group and will promptly meet all margin calls in such mode of transmission as FXM Financial Group in its sole discretion designates. FXM Financial Group may at any time proceed to liquidate Trader's account in accordance with paragraph 4 below and any failure by FXM Financial Group to enforce its rights hereunder shall not be deemed a waiver by FXM Financial Group to enforce its rights thereafter. FXM Financial Group retains the right to limit the amount and/or total number of open positions which Trader may acquire or maintain at FXM Financial Group. FXM Financial Group may cancel any erroneous order execution resulting from non-market quotation revealed in trading system. Any disputes arising out of such quoting errors shall be settled by negotiations. FXM Financial Group 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. FXM Financial Group reserves the right to refuse to accept any order. However, FXM Financial Group shall not be responsible for any loss or damage caused, directly or indirectly, by any events, actions or omissions beyond the control of FXM Financial Group 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.
3. COLLATERAL AND LENDING AGREEMENT
All funds, securities, currencies, and other property of Trader which FXM Financial Group 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 FXM Financial Group as security and subject to a general lien and right of set-off for liabilities of Trader to FXM Financial Group whether or not FXM Financial Group has made advances in connection with such securities, commodities, currencies or other property, and irrespective of the number of accounts Trader may have with FXM Financial Group. FXM Financial Group 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 FXM Financial Group 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 FXM Financial Group as margin or security. FXM Financial Group shall at no time be required to deliver to Trader the identical property delivered to or purchased by FXM Financial Group for any account of Trader. This authorization shall apply to all accounts carried by FXM Financial Group for Trader and shall remain in full force until all accounts are fully paid for by Trader or notice of revocation is sent by FXM Financial Group from its home office.
4. LIQUIDATION OF ACCOUNTS
In the event of (a) the death or judicial declaration of incompetence of Trader, (b) insufficient margin, or FXM Financial Group'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 , (c) Trader's failure to provide FXM Financial Group any information requested pursuant to this agreement, or (d) any other circumstances or developments that FXM Financial Group deems appropriate for its protection, and in FXM Financial Group's sole discretion, it may take one or more, or any portion of, the following actions: (I) satisfy any obligation Trader may have to FXM Financial Group, either directly or by way of guaranty of surety, out of any of Trader's funds or property in its custody or control, (II) sell any or purchase any or all currency contracts, securities held or carried for Trader, and (III) cancel any or all outstanding orders or contracts, or any other commitments made on behalf to 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 FXM Financial Group 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 FXM Financial Group's sole judgment may be advisable to protect or reduce existing position in Trader's account. Any sales or purchase hereunder may be made according to FXM Financial Group's judgment and at its discretion with any inter bank or other exchange market where such business in then usually transacted or at a public auction or private sale, and FXM Financial Group 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 purchase the whole or any parts 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 FXM Financial Group 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 FXM Financial Group or by Trader. In the event the proceeds realized pursuant to this authorization are insufficient for the payment of all the payment of all liabilities of Trader due to FXM Financial Group.
5. 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 FXM Financial Group at its home office, and shall be deemed received only if actually delivered or mailed by registered mail, return receipt requested. Failure to object shall be deemed ratification of all actions taken by FXM Financial Group 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.
6. FXM FINANCIAL GROUP RESPONSIBILITIES
FXM Financial Group will 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 FXM Financial Group control or anticipation. FXM Financial Group shall only be liable for its actions directly attributable to negligence, will full default or fraud on the part of FXM Financial Group FXM Financial Group shall not be liable for losses arising from the default of any agent or any other party used by FXM Financial Group under this agreement. As OTC is not an exchange traded market, prices at which FXM Financial Group deals at or quotes may or may not be similar to prices at which other OTC market makers deal at or quote.
7. CURRENCY FLUCTUATION RISK
If Trader directs FXM Financial Group 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 FXM Financial Group may in its sole discretion require; and (c) FXM Financial Group is authorized to convert funds in Trader's account for margin into and from such foreign currency at a rate of exchange determined by FXM Financial Group in its sole discretion on the basis of the then prevailing money market rates.
8. RISK ACKNOWLEDGMENT
Trader acknowledges that investments in leveraged and non-leveraged transactions are speculative, involves a high degree of risk, and is appropriate only for persons who can assume risk of loss of their entire margin deposit. 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 FXM Financial Group carrying his/her account(s), Trader agrees not to hold FXM Financial Group 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 FXM Financial Group or from any of its representatives or any introducing agent or other entity with whom Trader is conducting his/her FXM Financial Group account and has not entered into this agreement in consideration of or in reliance upon any such guarantees or similar representations.
9. DISCLOSURE OF FINANCIAL INFORMATION
The Trader represents and warrants that the financial information disclosed to FXM Financial Group in this 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 FXM Financial Group if the Trader's financial condition changes in such a way to reduce the Trader's Net Worth, Liquid Assets and/or Risk Capital.
10. NO GUARANTEES
Trader acknowledges that Trader has no separate agreement with Trader's broker or any FXM Financial Group employee or agent regarding the trading in Trader's FXM Financial Group 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 FXM Financial Group limited trading authorization, and any disputed transactions must be brought to the attention of FXM Financial Group Compliance Officer pursuant to the notice requirements of this Trader Agreement. Trader agrees to indemnify and hold FXM Financial Group harmless form all damages or liability resulting form Trader's failure to immediately notify FXM Financial Group Compliance Officer of any of the occurrences referred to herein. All notices required under this section shall be sent to FXM Financial Group at its home office.
11. NO WAIVER OR AMENDMENT
No provision of this Agreement may be waived or amended unless the waiver or amendment is in writing and signed by both Trader and an authorized officer of FXM Financial Group No waiver or amendment of this Agreement may be implied from any course of dealing between the parties or from any failure by FXM Financial Group or its agents to assert its rights under this Agreement on any occasion or series of occasions. No oral agreements or instructions to the contrary shall be recognized or enforceable. 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.
12. BINDING EFFECT
This Agreement shall be continuous and shall cover, individually and collectively, all accounts of Trader at any time opened or reopened with FXM Financial Group irrespective of any change or changes at any time in the personnel of FXM Financial Group or its successors, assigns, or affiliates. This Agreement including all authorizations, shall inure to the benefit of FXM Financial Group 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 FXM Financial Group 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.
13. TERMINATION
This Agreement shall continue in effect until termination, and may be terminated by FXM Financial Group as well as by the Trader at any time when Trader has no open Currency position(s) and no liabilities held by or owed to FXM Financial Group upon the actual receipt by FXM Financial Group at its home office of written notice of termination, or at any time whatsoever by FXM Financial Group 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.
14. RECORDINGS
Trader agrees and acknowledges that all conversations regarding Trader's account(s) between Trader and FXM Financial Group 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 FXM Financial Group Trader understands that FXM Financial Group destroys such recordings at regular intervals in accordance with FXM Financial Group established business procedures and Trader hereby consents to such destruction.