Agreement (Offer) for the Provision of Services
Between the International commercial company ON SPOT LLC GROUP, hereinafter referred to as the "Company", registered at: Main Street, P.O. Box 625, Charlestown, St. Kitts and Nevis, on the one hand, and the individual, hereinafter referred to as the "Client", who has filled out the registration form on the Company's website and trading platform, and has accepted all the terms of this Agreement and its appendices at the time of registration, jointly referred to as the "Parties", have entered into this Agreement for the Provision of Services (hereinafter referred to as the "Agreement") on the following terms:
1.1. Asset (Underlying asset) - a financial instrument that serves as the basis for any option. Assets may include market-demanded products such as stocks, currency pairs, exchange indices, commodities, etc.
1.2. Asset price - the price of the asset. It is unilaterally determined by the Company based on information provided by central banks, trading platforms, liquidity providers, etc. The asset price is reflected in the Client's Trading Terminal.
1.3. Digital trading - a contract (binary option) used to profit from the movement of the prices of underlying assets over a specified period of time.
1.4. Company's website - the internet resource located at https://qxbroker.com/, as well as other internet resources mentioned in this Agreement and its appendices, including but not limited to, the Company's subdomains, mobile applications, etc.
1.5. Website registration - a procedure stipulated by this Agreement for the Client's acceptance.
1.6. Quote - the current price of a financial asset. Information about quotes is displayed in the Client's Trading Terminal.
1.7. Quote Flow - a sequence of Quotes displayed in the Trading Terminal.
1.8. Company's server - a specialized complex of software and hardware through which information about all Client requests for Transactions is stored, processed, compliance with all conditions of such Transactions is monitored, restrictions are imposed, financial results are recorded (determined), and real-time quotes are provided.
1.9. Log entry - a record in the database. A Log entry is created by the Company's server and records each Client request and/or instruction, as well as the processing results of such requests (instructions) down to the millisecond or second. Log entries record each Client's access to the Trading Terminal and Personal Account. In case of disputes between the parties to this Agreement, data obtained from Log entries shall prevail over any other evidence in resolving the conflict, including data from the Client's Trading Terminal log file. The Company may choose not to maintain Log entries.
1.10. Cookie file - a set of data that includes an anonymous and unique identifier sent to the Client's mobile phone or web browser on their computer (hereinafter referred to as the "device") from the Company's Website (server). The Cookie file is stored on the Client's device. The Client may block access to Cookie files on their device. When visiting the Company's website, the pages viewed by the Client and Cookie files are loaded onto their device. Cookie files serve as an anonymous identifier and, upon the Client's return to the Company's website, help determine the most popular pages requested by the Client. These files allow the Company to create the most effective website interface for maximum client convenience.
1.11. Trading signals - data on the current state of the market collected by the Company through various analytical and informational materials. The Company reserves the right to provide such information to all or some Clients or not to provide it at all. Such information is not of a recommendatory nature and does not urge Clients to make transactions (operations). The Company bears no responsibility for the accuracy, correctness, or timeliness of trading signals. The Company also bears no responsibility for any transactions (operations) conducted by the Client based on trading signals, as well as for the results of such transactions (operations). The Client independently decides on the use of Trading signals when concluding a transaction and bears full responsibility for the decision regardless of the results of such transaction (operation).
1.12. Trading Terminal - a specialized software complex through which the Client receives information about the value of quotes in real-time, conducts operations (trading and non-trading), and receives various types of information from the Company. The terms of use of the Trading Terminal are established by this Agreement and its appendices. A part of the Trading Terminal through which the Client can perform Non-trading operations may be referred to in this Agreement as the Client's Personal Account.
1.13. Trading Platform - an electronic system on the Internet consisting of all programs and technologies that display the actions of the Company's Clients and the Company itself in real-time.
1.14. Transaction - an agreement between the Company and the Client on all essential terms, within which the Client pays the transaction amount, and the Company, in turn, undertakes to pay a fixed Income if the agreed Digital trading conditions are met by the Parties.
1.15. Operation - a Trading and Non-trading Operation.
1.16. Trading operation - a sequence of actions for executing a transaction between the Company and the Client, including its opening and closing. Trading operations are carried out at the Company's place of registration at the expense of the Client. The income from a trading operation is credited to the Client's personal Account. There is no physical delivery of assets in trading operations.
1.17. Non-trading operation - any operation with the Client's Account (crediting or debiting funds).
1.18. Trading time - the time of conducting trading operations on the asset.
1.19. Essential terms of the transaction (trading operation) - terms that determine the payout of income to the Client.
1.20. Direction of rate change - an essential term of the transaction. It can be "Higher" or "Lower".
1.21. Conclusion of a transaction - a trading operation with derivative financial instruments, the result of which is the agreement of all essential terms between the Client and the Company.
1.22. Transaction amount - the amount paid by the Client to the Company upon conclusion of the transaction.
1.23. Opening of a transaction - a contract after the conclusion of the transaction and before its closure. At the same time, it is not yet determined whether the payout will be made for this transaction.
1.24. Closing of a transaction - a trading operation that is considered completed at the moment of expiration of the Digital trading (as determined by agreement of the Parties).
1.25. Expiration time of the transaction (expiration period) - the time when the outcome of the transaction will be automatically determined.
1.26. Early closing of a transaction - a trading operation to close a transaction, as a result of which the essential terms of sale of the contract by the Client are agreed between the Client and the Company before the transaction is closed. Early closing of a transaction is possible only if there is a technical possibility on the part of the Company and the liquidity provider. The Company may refuse the Client's request for early closing of a transaction at its discretion and without explanation.
1.27. Risk-free transaction - a Client reward system provided by the Company. This is a transaction in which, upon its closure, the Client is guaranteed to receive Income (subject to payout conditions) or the amount of the Transaction is returned to the Client (if the Client has not met the payout conditions). These rules are regulated by this Agreement and its appendices.
1.28. Bonus (bonus system) - virtual funds that the Company credits to the Client's Account upon the Client's fulfillment of certain conditions established by the Company. The Client is informed and agrees that: - when conducting trading operations, the funds deposited by the Client into the Account are used first, and only after their complete expenditure, the Client is entitled to use bonus funds for further transactions; - as a general rule, the Client is not entitled to withdraw the Bonus amount to an External Account of the Client. However, if the Client withdraws previously credited funds to an External Account, the Company may debit the Client's Account with the amount of all credited Bonuses. However, the Company may establish a procedure under which the Bonus is not debited from the Client's Account but may be withdrawn to his External Account. Rules for using Bonuses, conditions for their crediting, debiting, transferring Bonuses into real funds, as well as other rules for working with Bonuses and Client funds, simultaneously with which the Bonus was credited, are established by the Company unilaterally and may be published on the Company's website.
1.29. Company Account - the Company's settlement account with a credit organization, an account in an electronic payment system, and other accounts.
1.30. Client Account (trading account or Client's trading accounts) - the Client's personal account opened by the Company in the trading platform. The Client's Account accumulates funds deposited by him for trading operations (transactions). Funds are debited from the Client's Account upon conclusion of a transaction, and income is credited upon its completion. The Client registers only one Account with the Company. In the event that the Company identifies multiple Accounts belonging to one Client, the Company reserves the right to block such Accounts, while the funds of these Accounts are not subject to withdrawal by the Client. Opening of a Personal Account is carried out by the Client in the chosen currency. The list of available currencies is presented in the profile of the Client's Personal Account. The Client may, at any time, provided there are no open transactions, convert funds in the Account into the available currency. Conversion into the chosen currency is carried out at the rate established by the Company at the time of the transaction and is a cost to the Client. The conversion rate may differ from the rates established by the central banks of the countries, as well as from the market exchange rate. The Company may, but is not obligated to, unilaterally provide the Client with the opportunity to use the Account in relations between the Company and the Client, regulated by this Agreement and other agreements concluded between the Company and the Client, in accordance with which the Company may, at its discretion, grant the Client the right to use it.
1.31. Client's External Account - the Client's settlement account with a credit organization, in an electronic payment system.
1.32. Client Account Balance - the amount of funds on the Client's Account.
1.33. "1-Click" Service - replenishment of the Client's account balance using the Client's payment (bank) cards without additional input of payment (bank) card data by its owner.
1.34. Recurring payment - a periodically repeating operation to replenish the Client's account balance without the need for the Client to enter bank card data.
1.35. Profit zone - a state of an open transaction in which, at the current asset price, there is an opportunity to extract income from this transaction.
1.36. Loss zone - a state of an open transaction in which, at the current asset price, it is impossible to extract income from this transaction.
1.37. Target level - the price level of the asset against which the result of the transaction is calculated.
1.38. Income (profit) - the amount of funds to be credited to the Client's account upon closing of the transaction. The amount of income depends on the essential terms of the transaction, as well as on the direction of movement of the asset price.
1.39. Payout coefficient - the percentage that determines the profit amount. Established by the Company based on the underlying asset and other terms of the transaction.
1.40. Withdrawal of Funds - an operation to debit funds from the Client's Account and credit them to the Client's External Account.
1.41. Withdrawal Method - a method reflected in the Client's Trading Terminal and his personal account. Coincides with the method of crediting the corresponding amount of the executed contract.
1.42. Payment service provider - an organization providing money transfer services.
1.43. Exceptional situations - a state of the market that differs from its usual (normal) state and other conditions mentioned in this Agreement and its appendices.
1.44. In the absence of any term in section 1, but its use in the text of this Agreement, such term shall be interpreted in accordance with the customs of business turnover and business practices applicable in the conduct of transactions (operations) with derivative financial instruments.
2.1. The Agreement is considered as an invitation to an indefinite circle of persons to make offers, which does not entail contractual and legal consequences, i.e., does not bind the Company with the offer made by it.
2.2. The Agreement is not a public offer.
2.3. The Company reserves the right at its discretion and without explanation to refuse to conclude the Agreement. The Company also reserves the right to unilaterally terminate contractual relations and block access to the trading terminal, including for a person who has registered.
2.4. The Company reserves the right, at its sole discretion, to unilaterally amend and/or edit the terms of this Agreement, its appendices, and/or materials published on the Company's website and subdomains without prior notice and consent of the Client.
2.5. The appendices to this Agreement (hereinafter - Appendices) are an integral part of this Agreement:
2.5.1. Regulations of trading operations;
2.5.2. Regulations of non-trading operations. Compliance with KYC and AML standards;
2.5.3. Risk Agreement;
2.5.4. Other documents posted in the "Legal Information" section on the Company's website, including, but not limited to, subdomains of the Company's website accessible to the Client and/or in the trading terminal. The Company reserves the right, at its sole discretion, to unilaterally change the content of the Appendices named in clause 2.5. of this Agreement at any time and in any way it sees fit, as well as their name and structure. The Company also reserves the right at any time during the term of this Agreement to exclude Appendices and/or create new ones. In this case, changes to this Agreement are not made, and no agreement with the Client is required.
2.6. It is understood that the Client has accepted all the changes in accordance with clauses 2.4 and 2.5 of this Agreement.
2.7. The acceptance of this Agreement is the registration of the Client on the Company's website or in its Trading Terminal, in accordance with the terms and conditions established by this Agreement and its appendices.
3.1. The subject of this Agreement is the provision by the Company of Services to the Client through the Trading platform in accordance with this Agreement and its Appendices.
3.2. This Agreement regulates the terms of transactions (operations) by the Parties, their procedure, and content.
3.3. The Company reserves the right, at its sole discretion, to unilaterally amend and/or edit any terms of transactions (operations), establish restrictions on the number of transactions (operations) simultaneously executed, as well as the number of transactions (operations) that the Client can carry out within the period determined by the Company, and other restrictions related to the execution of transactions, at its own discretion.
3.4. The Company has the right to involve third parties to cooperate in order to facilitate and/or improve the quality of the trading platform operation and/or the quality of the Services provided under this Agreement, while the Company is not responsible for their actions.
3.5. In matters and/or obligations not covered by this Agreement, the Company acts at its discretion, guided by business practices and customs in the field of services of this nature.
3.6. From the moment the Client tops up the Account, each transaction (operation) carried out using the Trading Terminal and/or personal account becomes subject to this Agreement.
4.1. The Client fully and unconditionally accepts all the terms of this Agreement and its Appendices, taking into account the provisions named in Section 2 of this Agreement, as well as all the conditions posted on the Company's website and its subdomains.
4.2. By accepting the Agreement, the Client confirms that he/she is of legal age, fully capable, of sound mind, and possesses the necessary legal capacity to exercise rights and fulfill obligations under this Agreement and in accordance with its terms.
4.2.1. The Client guarantees that he/she is not a state (municipal) employee or employee of a state (municipal) institution, an organization with a state shareholding of more than 50%. The Client also guarantees that he/she is not a political figure, a family member or relative of such, or a person with any kind of connection to a politically significant person. All concepts of this paragraph are interpreted by the Company at its discretion, which in turn do not contradict the norms of the current (applicable) legislation.
4.2.2. The Client guarantees that he/she is not a citizen of the USA/territories of the USA and/or not a resident of the USA/territories of the USA, Andorra, Australia, Austria, Belgium, British Virgin Islands, Bulgaria, Canada, Caribbean Netherlands, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guam, Hong Kong SAR China, China, Hungary, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, New Zealand, Northern Mariana Islands, Norway, Poland, Portugal, Puerto Rico, Romania, San Marino, Sierra Leone, Slovakia, Slovenia, Spain, Sweden, Switzerland, United States Minor Outlying Islands, United States Virgin Islands, United Kingdom.
4.3. The Client guarantees that he/she is not subject to any law or other regulatory act that prohibits him/her from fulfilling this Agreement and/or transactions provided for by this Agreement. Any actions of the Client aimed at fulfilling the Agreement do not violate the law and/or any other regulatory act with legal force in the country where the Client is a resident.
4.4. The Client undertakes to independently register on the Company's website, providing full and accurate information about himself/herself on the registration form, and also to keep this information up to date.
4.5. The Client undertakes to carry out all operations personally, on his/her own behalf and at his/her own expense.
4.6. When exercising rights and fulfilling obligations, the Client acts on the principle of reasonableness and good faith.
4.7. The Client undertakes not to take actions, including with other clients of the Company, aimed at causing harm to the Company.
4.8. The Client undertakes to observe the confidential nature of any physical, technical, economic, financial, and other internal information of the Company and/or trading platform and not to disclose it to third parties, including not to use any information for the purpose of gaining any advantage in transactions, as well as for causing harm to the Company.
4.9. The Client guarantees the use of fair, honest, and lawful methods (means) when conducting any transactions (operations), as well as when using the trading terminal and the Company's website.
4.10. In case of detecting any errors in the operation of the Trading Terminal or other deficiencies, the Client undertakes not to use them for profit (income) and not to disclose information about them to third parties.
4.11. The Client is prohibited from using the services and/or software for any illegal or fraudulent action and for any illegal or fraudulent transaction (including money laundering) in accordance with the legislation of the jurisdiction of the Client's country.
4.12. The Client undertakes to comply with legal norms, including international ones, aimed at combating illegal trade, financial manipulations, money laundering, and legalization of funds obtained illegally.
4.13. The Client undertakes to refrain from directly or indirectly assisting illegal financial activities and any other illegal operations using the Company's website and/or trading terminal.
4.14. The Client guarantees the legal origin, lawful possession, and right to use the funds listed in the Company's accounts, including for conducting transactions (operations) and/or other purposes, using funds and/or financial instruments that exclusively belong to the Client, are not subject to pledge, loan, arrest, or other encumbrances. The Client's account will not be replenished from third-party bank accounts, bank or credit cards, electronic wallets, or any other payment details. The Client will not replenish third-party accounts and withdraw funds from the Client's account to third-party bank accounts, bank or credit cards, electronic wallets, or any other payment details of third parties.
4.15. The Client acknowledges and accepts full responsibility for their actions regarding executed transactions (operations) in accordance with the current legislation in the place of registration and/or residence of the Client.
4.16. Each Client is the sole authorized user of the Company's services and the corresponding Account. The Client has received exclusive and non-transferable rights to use the Account and access to it and is responsible for ensuring that no third party, including, among others, close relatives and/or family members, has access to the Account and/or carries out any actions through it.
4.17. The Client is responsible for ensuring that all their personal account data, Trading Terminal, including login and password, will only be used by themselves and will not be transferred for use to third parties. At the same time, the Client guarantees that they will not use the account data of other participants of the Company's trading platform (clients) to perform any operations.
4.18. The Client has a limited and non-exclusive right to use the Trading Terminal for the purposes and on the terms provided by this Agreement. In case of termination of this Agreement on any grounds, the Client's right to use the Trading Terminal ceases at the moment of its termination.
4.19. The Client guarantees proper conduct with representatives of the Company; otherwise, the Company reserves the right to terminate the Agreement at any time.
4.20. The Client accepts the fact that the Company, its partners, and other interested parties have or may have any kind of benefit, agreement, or any legal relationship regarding a transaction (operation) on the trading platform, trading terminal, personal account, including conflicting with the Client's interests. Thus, the Company has the right to: - provide services, including advisory services, to partners and other Clients of the Company on assets in which they are interested, even if it conflicts with the Client's interests; - act as an independent counterparty regarding the asset; - offer another partner as a counterparty for a trading transaction. The Client agrees that regardless of any interest in a transaction (operation) and/or conflict of interest, the Company acts towards the Client as it deems appropriate and reasonable, without prior notice to the Client of its actions. The Client also agrees that the Company may act on behalf of the Client with persons who have agreements to receive goods and services from the Company or its affiliated companies. At the same time, the Company guarantees that such actions are carried out exclusively in the interests of the Client.
5.1. The Client guarantees to provide accurate, complete, and truthful information about themselves during registration. The information provided fully complies with the requirements of the registration forms on the Company's website.
5.1.1. The Client undertakes to keep the information specified in clause 5.1 up to date and to make the corresponding corrections promptly in case of any changes within 3 (three) days from the date of such changes. Corrections are made by changing the data in the Client's trading terminal, personal account, or by any other means agreed with the Company.
5.2. Upon completion of the registration process, the Client uses the login (unique symbolic account name) and password chosen by the Client to access the account (personal account). The Client is responsible for the security of their login and password and for any actions taken using the account under the Client's login and password.
5.3. After registration, the Client gains access to the trading terminal, the ability to manage their Account by crediting funds to it for conducting transactions (operations), as well as the ability to perform other actions within this Agreement.
5.4. If it is necessary to carry out various types of identity verification of the Client and/or their funds, as well as the instruments used by them, the Company reserves the right to request any documents from the Client. The Client undertakes to provide all requested documentation within 5 (five) days from the date of receiving such a request and in a manner agreed with the Company's representatives.
5.5. In case the Client fails to comply with clauses 5.1. - 5.4 of this Agreement, the Company has the right to suspend the conduct of any transactions (operations) on the Client's Account.
5.6. The Company reserves the right to close (block) the Client's access to the Trading Terminal at any time, including until the completion of the Client's identification procedure.
5.7. Access to the Trading Terminal is protected by a password chosen by the Client during registration. The Client is fully responsible for the security of the password, including from third parties and possible unauthorized access to the Trading Terminal. Any entry into the Trading Terminal will be considered made by the Client unless otherwise specified by the Company.
5.8. The Client understands and agrees that all actions and/or instructions made through the Trading Terminal (by entering the password) are made by the Client personally unless otherwise specified by the Company.
5.9. The Client has the right to change the password for accessing the Trading Terminal at any time or restore it according to the rules established by the Company.
5.10. The Company hereby notifies that it does not provide trust or advisory services to manage the Client's Account and conduct trading. The Company does not manage the Client's Account.
5.11. The Client agrees that the Company may unilaterally, at its discretion, at any time, refuse to execute any transaction (operation) of the Client without prior notice to the Client and without explanation of the reasons.
6.1. The Company establishes the following communication methods with the Client: - email; - phone; - SMS notification; - postal mailings; - facsimile communication; - messages sent to the Client in the trading terminal, personal account, browser window, etc. (push notifications, reminders, service messages, etc.); - announcements on the Company's Website. Hereby the Client consents to receiving messages from the Company at any time.
6.2. Information (messages) sent by the Company by any means specified in clause 6.1 of this Agreement shall be legally binding and deemed received by the Client: - within 1 (one) hour from the moment of its sending to the Client's email; - immediately after the end of a phone conversation with an authorized agent of the Company; - immediately after sending an SMS message to the Client; - within 7 (seven) days from the date of mailing a letter by mail; - at the moment of its sending by facsimile communication means; - immediately after posting on the Company's website.
6.3. For the purpose of transmitting information, the Company uses the personal data provided by the Client during registration on the Company's website, in accordance with clause 5.1 of this Agreement.
6.4. To contact the Company, the Client uses the following contact details: - email: - phone, as well as other addresses and means of communication specified in the Agreement and on the Company's website.
6.5. The Client consents to receiving from the Company information of marketing, informational, advertising, technical, and other nature, including amendments to this Agreement, by using the Client's contact details, as well as through the Company's website.
6.6. The Client has the right to refuse the information specified in clause 6.5. of this Agreement. To do this, the Client will need to contact the Company's technical support using the contacts provided on the Website, or click on the "Unsubscribe" link if such a method is provided by the Company.
6.7. In the event that the Client's personal information has not been timely updated, all messages and notifications from the Company sent to outdated information shall be deemed received by the Client on the terms of section 6 of this Agreement.
7.1. The Client is responsible for independently familiarizing themselves with all legislative and other regulatory acts necessary for carrying out actions and/or transactions (operations) by the Client under this Agreement, as well as for any market movements that have consequences for the transactions they conduct.
7.2. The Client is responsible for familiarizing themselves with all changes to this Agreement and its appendices, as well as changes to the Company's website and all subdomains of the Company's website available to the Client.
7.3. The Company provides services through its trading platform. The Company only provides assistance in executing transactions (operations) by the Client, processing them in accordance with and under the terms of this Agreement.
7.4. The Company is not a representative of the Client. Hereby, the Client understands and agrees that the Company is not responsible for the profitability of the Client's transaction (operation), reserving the right to process any transaction (operation), including under unfavorable conditions for the Client, if requested by the Client under this Agreement.
7.5. The Company is not responsible, including financially, for any transactions (operations) performed by the Client through their Account and/or Trading Terminal, as well as for the expenses of the Client, losses, lost profits, and other losses resulting from such transactions.
7.6. The Company is only responsible for actual damage caused to the Client as a result of the intentional non-performance of its obligations under this Agreement.
7.7. Any transaction (operation) performed through the Client's Account is considered to be performed personally by the Client. The Company is not responsible for unauthorized access by third parties to the Client's account, their account, and Trading Terminal, nor does it verify the circumstances contributing to this.
7.8. The Company is responsible under the terms established by this Agreement only to the Client, not entering into legal relations with anyone else except the Client.
7.9. The Company reserves the right at any time and without explanation to refuse to execute a transaction (operation) for its own reasons.
7.10. The Company cannot guarantee uninterrupted, error-free, and secure service, protected from third-party access to Clients' trading terminals, including due to possible damage and malfunctions in the software, communication, and/or breakdowns of digital equipment of its counterparts and/or Clients. The Client agrees that they have no claims for direct or indirect damage resulting from any malfunctions of this kind.
7.11. The Company is not responsible for losses incurred by the Client as a result of force majeure circumstances that have affected or could affect the operation of the trading platform, as well as its use by the Client.
7.12. The Client is responsible for losses incurred by the Company as a result of:
7.12.1. providing false information by the Client during registration on the Company's trading platform, conducting transactions (operations), as well as any other information requested by the Company at its discretion;
7.12.2. the Client's failure to provide documents and/or the provision of forged (false) documents, including in accordance with section 5 of this Agreement and its appendices;
7.12.3. the Client's abuse of the Company's services, including through the use of such methods, techniques, and/or specialized devices, systems, which do not comply with the principles of honesty and fairness when conducting transactions (operations);
7.12.4. the dissemination and/or use of confidential, internal, and other information about the Company and/or transactions conducted, which provided the Client with the opportunity to conclude (conduct) a transaction (operation) on more favorable terms;
7.12.5. the Client's actions coordinated with other Clients of the Company's trading platform and/or any persons interested with the Client, which led or may lead to the Company's losses. Interested parties, as understood by the Company, include, among others, persons engaged in any joint activity (with or without the formation of a legal entity), related by any degree of kinship, partnership, or other relationships, residing at the same address, using common devices, drawn into the Company's trading platform by the same Client (partner), as well as other persons whom the Company, in any given situation considering the circumstances of the case, deems interested. The Client is responsible for all losses incurred by the Company as a result of the Client's transactions (operations) conducted in an unlawful and/or unfair manner, as well as as a result of the Client's use of unauthorized and/or dishonest methods of applying the Bonus system, including the use of bonus funds as the main source of investment for quick profit, and withdrawal of funds without working off the bonus. The qualification of certain methods (ways) of conducting transactions with the Company (operations) and using the Bonus system as unfair (dishonest) is made solely by the Company, unilaterally.
7.12.6. the Client's performance of any other actions that the Company considers unfair or dishonest in conducting the transaction;
7.12.7. the Client's use of the Company's software that the Company may qualify as unlawful;
7.12.8. the dishonest use of possible software flaws, malfunctions, errors in the trading platform (trading terminal), which may result in or have resulted in the Client's profit;
7.12.9. the Client's profit as a result of using the technical features of updating the quote flow in the trading terminal;
7.12.10. Abuse of information provided by the Company, as well as services rendered by it, including as a result of the use of automated systems, algorithms, robotic structures, other software, various devices and devices when making a transaction (operation) that do not comply with the principles of good faith, honesty, and fairness.
7.12.11. The amount of losses specified in clauses 7.12.1-7.12.10 of this Agreement, the Company has the right to debit from the Client's account and/or other persons having a direct relation to a particular situation, as determined by the Company through technical and/or other equipment.
7.13. The Company reserves the right to suspend the Client from performing any kind of actions, both in the personal account and the Trading Terminal, at any stage of their execution if actions aimed at causing damage to the Company are recorded, in the opinion of the Company. The Company may debit funds from the Client's account in favor of the Company.
7.14. The Company reserves the right to refuse to execute any transaction (operation) requested by the Client, block its further execution, as well as take other actions without prior notice to the Client, in case of any claims against the Client arising from this transaction or beyond (current, future, or possible under certain conditions).
7.15. In case of the Client's breach of obligations under this Agreement and its annexes or if the Company has reasons to believe that the Client is breaching obligations, the Company reserves the right to:
7.15.1. Change the amount of financial obligations to the Client and make corresponding adjustments to the Client's account balance;
7.15.2. Block the Client's access to the trading terminal. The Client undertakes to eliminate all violations that caused the blocking within 30 days from the date of the Company's blocking, otherwise the Company reserves the right to debit all funds from the Client's Account. If the Client fulfills the obligation to eliminate violations within the period specified in this clause, the Company may, but is not obliged to, return the debited funds;
7.15.3. Block the Client's Account and terminate the further execution of this Agreement without prior notice to the Client until the Client eliminates the violations according to clause 7.15.2 of this Agreement;
7.15.4. At any time, close one or all of the Client's transactions and/or declare the transaction (operation) invalid, terminating further provision of services under this Agreement. The Company may unilaterally terminate this Agreement, returning to the Client the funds deposited by him or without returning them.
7.16. The Client is not entitled to demand a refund of funds debited by the Company under clauses 7.15.1-7.15.4 of this Agreement.
7.17. In the event of events referred to in clause 7.15 of this Agreement related to the blocking of the Client in the Trading Terminal, his account, or the termination of the Agreement and the exclusion of the Client from the Company's trading platform participants, the Client is not entitled to create a new account, including by entering invalid (alien) data when registering an account. The Company may apply any consequences in accordance with clauses 7.15.1-7.15.4 of this Agreement.
7.18. In case of discrepancy between the information reflected in the Client's Trading Terminal and the information reflected on the Company's server, when determining the economic efficiency of the transaction (financial result), the Company is not responsible for the identified discrepancies and makes adjustments to the data in accordance with the information available on the Company's server.
7.19. The Company is not responsible for the losses that the Client has incurred or may incur as a result of analyzing and using the information posted on the Company's website. The Client undertakes to personally verify the analytical, financial, and other materials provided by the Company for their accuracy, relevance, reliability, and, if necessary, compare such materials with other sources. The Company does not guarantee that the information transmitted by it through the trading terminal or in any other form is accurate and reflects the current market situation. Hereby, the Company undertakes to execute such a transaction, and the Client agrees that he is responsible for the result of the transaction (operation) concluded based on such information.
7.20. The Company is not responsible for the losses that the Client has incurred or may incur as a result of analyzing and using the information posted on the Company's website by third parties. The Client undertakes to personally verify the analytical, financial, and other materials provided by third parties for their accuracy, relevance, reliability, and, if necessary, compare such materials with other sources. The Company does not guarantee that the information transmitted by third parties through the trading terminal or in any other form is accurate and reflects the current market situation. Hereby, the Company undertakes to execute such a transaction, and the Client agrees that he is responsible for the result of the transaction (operation) concluded based on such information.
7.21. The Client is informed that any transactions (operations) concluded within the framework and on the terms of this Agreement are risky and difficult to predict, with a possible negative result (loss) and the loss of both part and all funds credited by the Client to the account, as well as other losses, including penalty losses (accidental, special, indirect). The result of the transaction is the responsibility of the Client.
7.22. The Client understands and agrees that losses resulting from software failures, communication failures, computer network failures, and other networks used to coordinate the terms of the Client's transaction, as well as the result of unauthorized access by third parties (hackers), are not the responsibility of the Company and occurred not due to its fault.
7.23. The Company shall not be liable for any losses, expenses, and damages incurred by the Client, including as a result of using information in accordance with clauses 7.19-7.20 of this Agreement, if such losses are not the result of gross negligence, intentional non-performance of obligations, or fraud on the part of the Company.
7.24. The Company shall not be liable for non-performance and/or improper performance of its obligations resulting from force majeure circumstances or other circumstances specified in this Agreement and its appendices.
7.25. Violation of the Client's obligations under this Agreement and its appendices is considered by the Company at any time regardless of the duration of such violation.
7.26. The Company reserves the right to close (block) the Client's access to the Trading Terminal in case the Client does not carry out operations on the account (including trading operations) for 6 months or more. In this case, if the Client's account was closed unilaterally, the Client has the right to register a new account on the platform.
7.27. In case the Client does not carry out operations on the account (including trading operations) for 180 days or more, a daily commission of 1% of the Client's current balance is charged from the Client's account, but not less than $1 (one) US dollar.
Regulatory Legislation
8.1. This Agreement is concluded in the territory of Saint Kitts and Nevis.
8.2. Services under this Agreement are provided in the territory of Saint Kitts and Nevis.
8.3. The Client agrees and has no objections that:
8.3.1. the terms of this Agreement and its appendices, as well as any issues related to the interpretation of its provisions, are governed by the legislation of Saint Kitts and Nevis;
8.3.2. the applicable law under this Agreement is the law of Saint Kitts and Nevis, according to which all disputes and disagreements between the Parties are resolved, and any procedural actions are taken;
8.3.3. the Parties unconditionally submit to the jurisdiction of the courts of Saint Kitts and Nevis.
Dispute Resolution Procedure
9.1. All disputes and disagreements arising during the implementation of this Agreement are resolved by the Parties through negotiations.
9.2. In case of failure to reach an agreement through negotiations, the Client may submit a written claim (application) to the Company. The claim must be submitted within 5 (five) days from the date of the event that served as the basis for its submission.
9.3. The claim must simultaneously meet the following requirements:
9.3.1. contain the personal data of the Client, including surname, name, patronymic, Client's Account number, contact details (email and phone);
9.3.2. describe the conditions of the disputed situation, indicating its date and time of occurrence;
9.3.3. provide links to all essential circumstances of the case on which the Client's claims are based;
9.3.4. itemize the evidence of a particular violation, simultaneously referring to a specific clause of this Agreement and/or its appendices violated by the Company;
9.3.5. reflect the Client's demands. In case the demand is expressed in monetary terms (monetary assessment), it should contain the exact amount and reasoned calculation;
9.3.6. include a list of attachments to the claim (if any) and other evidence referred to by the Client. All attached documents must be certified by the Client;
9.3.7. not contain references to data from other websites or companies.
9.4. The claim can be sent to: - the Company's email support@qxbroker.com; - by registered mail to the address: Main Street, P.O. Box 625, Charlestown, St. Kitts and Nevis. Claims sent by other means are not accepted for consideration.
9.5. The Company reserves the right not to consider claims containing obscene language, insults against the Company and/or its employees, disrespectful statements, as well as those lacking reasoned description of violated rights.
9.6. In the process of considering the Client's claim, the Company may request, and the Client undertakes to provide, additional information and/or documents necessary for the dispute resolution.
9.7. In the consideration of the Client's claim, the Log Records of the Company's server prevail over other evidence.
9.8. The Company is not liable for unexecuted transactions and does not compensate for material damage, moral harm suffered by the Client as a result of the transaction made by him, including not responsible for the lost profit of the Client and any other losses.
9.9. In case the Client fails to comply with any requirement specified in section 9 of this Agreement, including the deadline for submitting a claim (clause 9.2), the Company has the right to refuse to consider the claim of the Client.
9.10. The deadline for considering the Client's claim is 14 business days from the date of receipt of the claim by the Company, excluding the days of providing the Company with additional information (documents) requested by the Company under clause 9.6 of this Agreement.
9.11. In case of failure to reach an agreement during negotiations, the Client has the right to apply to the court with mandatory compliance with the pre-trial claim procedure, including: - compliance with the requirements for the form and content of the claim in the manner established by clauses 9.2, 9.3 of this Agreement; - sending a claim by registered mail to the address of the Company's registration with mandatory subsequent confirmation of receipt of the letter by the Company or its authorized representative; - in case the response period to the claim has expired, the response period is 60 (sixty) calendar days from the date of receipt of the claim by the Company.
9.12. Pending the resolution of the disputed situation, the Company reserves the right to block transactions (operations) on the Client's account partially or completely.
Duration and Termination Procedure of the Agreement
10.1. This Agreement enters into force upon its conclusion, i.e., upon the Client's registration on the Company's website and/or in its trading terminal, and is valid indefinitely.
10.2. This Agreement may be terminated:
10.2.1. in writing by agreement of the Parties;
10.2.2. at the initiative of any of the Parties by unilateral refusal to perform the Agreement on the terms provided for in section 10 of this Agreement;
10.2.3. the Company may immediately terminate this Agreement by blocking the Client's access to the trading terminal, the Client's account with the withdrawal of the remaining funds from this account on the terms provided by this Agreement.
10.3. The agreement is considered terminated at the initiative of the Company from the date specified in the notice of termination of the Agreement sent by the Company to the Client.
10.4. In the event of termination of the Agreement at the initiative of the Client, the Client shall send a notice of unilateral termination of the Agreement to the Company no later than 30 calendar days before the planned termination date. The notice must be in writing and sent by the Client in one of the following ways: - by email to the Company support@qxbroker.com; - by registered mail to the address: Main Street, P.O. Box 625, Charlestown, St. Kitts and Nevis.
10.5. The agreement is considered terminated at the initiative of the Client if the requirements of clause 10.4 of this Agreement are met, provided that there are no arrears and/or other unfulfilled obligations on the part of the Client.
10.6. Termination of the Agreement on any grounds does not release the Parties from obligations that arose during its validity period.
10.7. The agreement is considered terminated from the moment of full performance by the Parties of their obligations imposed on them within the framework and on the terms of this Agreement.
11.1. Force majeure circumstances (force majeure) include: 11.1.1. extraordinary and unavoidable circumstances under these conditions, including wars, floods, fires, earthquakes, and other natural disasters, strikes, terrorist acts, mass unrest, riots, changes in existing legislation, disruptions in software operation, power grids, instability of quote flow, and so on, which, in the opinion of the Company, led or could have led to changes in market conditions regarding financial instruments (assets) and impeded the proper performance of obligations;
11.1.2. closure of any market on which the Company bases quotes, its liquidation or suspension of activities, introduction of special restrictions on such a market, certain conditions, as well as the occurrence or non-occurrence of any event within such a market. 11.2. If the Company has identified the occurred circumstance as force majeure, it reserves the right without prior notice to the Client:
11.2.1. to suspend, modify or cancel any provision of this Agreement until it becomes possible to comply with it;
11.2.2. at any stage to suspend or cancel a transaction (operation) the outcome of which may be affected by such circumstance;
11.2.3. to take other actions (or refrain from acting) both towards the Company itself and towards Clients if the Company deems it appropriate under these conditions.
11.3. The Company shall not be liable for non-performance or improper performance of its obligations, as well as for losses allegedly incurred by the Client, if prevented by force majeure circumstances.
12.1. All amendments and additions made by the Company to this Agreement and its appendices are made unilaterally at the discretion of the Company and enter into force from the date specified by the Company without prior notice to the Client.
12.2. In the event of changes in existing legislation, various legal acts regulating the subject matter of this Agreement, rules, and internal regulatory acts of trading systems used by the Company to fulfill its obligations under the Agreement, the Company immediately makes corresponding changes and/or additions to this Agreement and its appendices. Such changes come into force simultaneously with the entry into force of changes in regulatory documents.
12.3. All amendments and additions made by the Company to the terms of this Agreement and its appendices are binding for execution by all Clients of the trading platform, including Clients who entered into the Agreement before the date of the changes.
12.4. The Client hereby acknowledges that they are responsible for familiarizing themselves with any changes made by the Company to this Agreement and its appendices, as well as changes reflected on the Company's website and its subdomains. Therefore, the Client undertakes to visit the Company's website and/or trading platform at least once a week to familiarize themselves with the changes and/or additions made.
12.5. Any information received by the Client from the Company or third parties, provided in written, oral form, or through posting on the Company's website, may be used by the Client solely for the purpose of executing this Agreement and on its terms (and its appendices). The Client has no right to distribute, store, or distort such information.
12.6. By intending to conclude this Agreement and registering on the Company's website, the Client provides the Company with their personal data and consents to their processing by the Company and its partners. Processing of personal data is carried out both using automated means of processing personal data of the data subject and without the use of automation tools. The purpose of processing the Client's personal data is actions of the Company aimed at executing this Agreement, conducting advertising, marketing, information campaigns, mailings, notifying the Client of ongoing promotions, events, as well as for other purposes determined by the Company. Actions may include: collection, receipt, recording, systematization, accumulation, storage, clarification (updating, changing), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, deletion, destruction, cross-border transfer of personal data. The Client's consent is valid for 75 years or until the expiration of the terms of storage of such information stipulated by the legislation in force at the place of registration of the Company. Such consent is valid until the date of its revocation by the Client by sending the corresponding request to the Company on the terms of the current Privacy Policy in the Company. The processing of personal data by the Company is carried out in accordance with the principles of confidentiality and security, complying with the requirements for the protection of personal data, except for the current legislative norms and force majeure circumstances.
12.7. The Client is not entitled to assign its rights and obligations or part of its rights and obligations under this Agreement to third parties. However, the Client has the right to make such a proposal to the Company, and the Company has the right to consider it. In the event that the Client makes any assignment of its rights and claims to third parties without the consent of the Company, the assignment shall be considered invalid.
12.8. The Company has the right at any time to assign its rights and/or claims (part of its rights and/or claims) under this Agreement to a third party. The third party undertakes to comply with the terms of this Agreement and its appendices. The assignment is made by the Company without prior notice to the Client and is considered completed from the moment such information is reflected on the Company's website.
12.9. If any provision of this Agreement (or its appendices) or several provisions contradicts the current legislation and is recognized by a court of competent jurisdiction as lacking legal force, such provision shall be considered as a separate part of the Agreement, without affecting the legal force of the remaining part of this Agreement.
12.10. In the event of a situation not regulated by this Agreement or its appendices, the Company shall be guided by generally accepted terms of business in accordance with the principles of fairness and justice.
12.11. This Agreement and its appendices may be published in various languages. In case of discrepancies in the texts of such Agreements, the Agreement published in English shall prevail.
12.12. The text of the Agreement published on the Company's website takes precedence over texts published on other resources.
12.13. The definitions of terms in this Agreement, regardless of whether they are written in lowercase or uppercase, are identical unless otherwise stated in the terms of this Agreement.
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