Terms Conditions
1. Introduction
1.1 The terms of this Agreement, together with the Company’s Risk Disclosure Document (the “Agreement”), will govern the relationship between the client and Capital in respect of the execution of transactions in foreign exchange, equities, indices and other rates instruments (“Forex Trading”), via the Company’s trading platform provided to the Client by the Company (the “Trading Platform”) and any other services provided by the Company to the Client (the “Company Services”).
1.2 There are no charges for withdrawals and deposits by credit card.
2. Trading account
2. 1 The Company will open a trading account (the “Trading Account”) for and on behalf of the Customer, subject to the Customer registering with the Company in accordance with the Company’s requirements, including providing complete and accurate information about the Customer as required for the opening of the Account, and presenting identification documents including a copy of an identity certificate, passport, a copy of the credit card on both sides, if the deposit was made by credit card (The customer may hide the credit card number except for the last four digits, and may also hide the CVV code, on the back of the card), and a valid proof of address (last three months), by presenting a government supplier or other utility bill (water, tourist tax, electricity, etc.). ). The Client authorises the Company to rely on any request, direction or other message appearing to come from the Client, without further examination by the Company as to the authenticity, veracity or identity of the person delivering or purporting to deliver such a request, direction or message. The Client undertakes to provide accurate and complete information about himself. The Client must notify the Company immediately of any change in the information provided by the Client to the Company.
2.2 The Company may, at its sole discretion, act as a mediator and provide coverage for the Client’s transactions through different brokers, and also act as a market maker and be the counterparty to the Client’s transaction. Under no circumstances shall the Company act as agent or trustee for or on behalf of the Client. The Client acknowledges that it is acting for itself and not as an agent or fiduciary for anyone else. Accordingly, the Client agrees that it will be directly and fully responsible for the performance of its obligations under this Agreement, including in respect of any Transaction effected by or on behalf of the Client. The Company will not accept any other person as an Indirect Client in respect of this Agreement and will not accept any obligation to any such person unless otherwise expressly agreed in writing.
2.3 Use of the Trading Platform is subject to a limited, personal, non-transferable and exclusive licence granted to the Client. The Client is not authorised to transfer and/or assign and/or allow any other person to use the licence and/or act on the Client’s Account to anyone who is not a Client, and/or to transfer the username and password on the Account to any other person.
2.4 Use of the trading system and the company’s services is only authorised for persons over the age of 18. The Client must ensure that there are no legal or other impediments to their said activity and that they have fulfilled any legal requirements necessary for the use of these services.
2.5 Only persons aged 18 or over may use the company’s services. Customers are responsible for ensuring that there are no legal or other obstacles preventing them from legally using the company’s services.
3. Margin funds
3.1 The Company will only allow transactions to be made on a Trading Account so long as there are sufficient funds in the Account to ensure that all results will be covered, including trading losses, commissions, fees due or any other expenses. These payments will be automatically deducted from the trading account once payment is due.
Funds in a Trading Account do not accrue interest and the Client will not be entitled to any privileges in respect of such funds (other than rollover or swap interest, as explained below in clause 8.9).
3.2 When trading CFDs (Contracts For Difference) or any other trading related to an Underlying Security, the Customer will not be granted any rights associated with ownership of the trading product, such as rights to receive dividend payments, shareholder voting rights, attribution or any other such privileges. Although devoid of any ownership rights, the trading transactions themselves will be subject to adjustments triggered by events affecting the underlying security, such as share price splits, further share allocations, dividend distributions or any other relevant financial event.
3.3 In accordance with anti-money laundering laws and regulations, when depositing by bank transfer or credit card, the Client is required to use his own bank account only. The Client must send the Company an authentic SWIFT confirmation, giving full details of the transmitting bank account. Non-delivery of the SWIFT confirmation or in the event that the details do not match those of the trading account may prevent the funds from being deposited into the trading account.
3.4 When transferring funds to the Company by cheque or other means of payment authorised by the Company, the Client must identify himself in accordance with the Company’s regulations and applicable law. The Company does not accept cash.
3.5 The Company will keep and act with care in relation to the Client’s funds. The Company shall have the right to use the Client’s funds to “cover” the Client’s transactions, to cover the Client’s obligations as a result of the Client’s trading activity and/or at the Company’s sole discretion, subject to the Company’s contractual obligation to pay or reimburse the money to the Client in accordance with the terms of this Agreement. The determination of the amount of margin required and the Client’s obligations to the Company shall be at the Company’s sole discretion.
3.6 When funds are withdrawn from the Trading Account by the Client, the withdrawal will be made in the same currency and to the same account and/or credit card from which the funds were originally deposited. The Company is entitled to cancel the withdrawal request within 5 working days if a Client fails to provide the Company with bank details for a withdrawal by bank transfer. This must be an official document bearing the stamp and logo of the Customer’s bank. The official document must include the following information: IBAN/account number, SWIFT/BIC; routing number (if applicable), Customer name, bank name and address.
3.7 The Customer warrants and undertakes that the Margin funds do not originate from any criminal or illegal activity and do not violate any anti-money laundering laws and regulations worldwide.
3.8 The Company may, at any time and at its sole discretion, block the Client’s Trading Account activity if it suspects any act of fraud, cheating, forgery and/or breach of law or this Agreement by the Client.
3.9 The Client will have no claim and/or demand against the Company and will not hold the Company responsible for any delay and/or difference in rates charged by financial institutions such as the Company’s credit card issuing banks.
3.10 Withdrawal requests must be submitted via the Company’s website. The Company does not undertake to process withdrawal requests submitted by any other means.
3.11 In the event of a withdrawal request made by the Client, the Company will transfer the amount requested (less transfer fees, if any) within seven (7) business days following the day on which the Client has been identified by the Company subject to margin requirements. The Company will pay the amount requested, as determined by the Company, in full.
3.12 The Company is entitled to cancel the Client’s withdrawal request if, at the Company’s discretion:
the remaining balance (after the withdrawal) is not sufficient to guarantee the transactions opened on the trading account;
The customer is not verified by the Company. The customer must provide a full set of KYC documents (identity card, proof of address, proof of payment: front copy of the card – showing only the last 4 digits, the expiry date and the name of the cardholder; back copy of the card – showing only the last 4 credits the card digits and your signature);
the customer has not provided the Company with written and signed deposit statements for each deposit transaction, bonus plan/agreement (in case a bonus has been provided);
The customer must send the required signed documents within the next 5 working days, otherwise the customer’s withdrawal request may be cancelled by the Company.
3.13 The Client authorises the Company to collect from the Trading Account all payments of fees due to the Company. If the Client does not have sufficient funds to cover its commitments, the Client must deposit additional funds immediately at the Company’s request, otherwise the Company may close the Transactions on the Client’s account.
3.14 The Company will not provide any material evidence in relation to a Transaction. Profits and/or losses will only be considered realised once the Transaction has been closed.
4. General bonus policy
4.1 The Company may, at its sole discretion, grant the Client a trading bonus on his account. Unless otherwise stated, the terms of this section will apply to the bonus.
4.2 The bonus will be calculated as a certain percentage of the deposit. The bonus will be granted on a one-off basis in relation to that deposit and in a manner determined by the Company.
4.3 The bonus will become withdrawable subject to the completion of a negotiated lot per $5 of the bonus.
4.4 The Client may withdraw the bonus (in whole or in part) and/or profits from the Trading Account, provided that the Client has redeemed the total amount of Lots required to make the bonus eligible for withdrawal (the “Target”). Each withdrawal will be considered first against the profits account and then against the bonus.
4.5 If the client wishes to withdraw funds from the trading account deposit before reaching the target, the withdrawal will be made available, however, the bonus and trading account profits will be cancelled and/or forfeited by the company.
4.6 The Company may change the Bonus conditions at any time. Notice will be provided to customers by email or by posting a message on the Company’s website.
4.7 Any transaction during and after the bonus period that breaches the terms of this agreement will result in the cancellation of the entire bonus at the Company’s sole discretion.
5. Social Trading
5.1 At the Client’s request, the Company activates the “social trading” service on the Client’s account, as provided by a third party (hereinafter: “Sirix” or the “System”).
5.2 Sirix enables the Client to observe and activate transactions on his/her account based on actual transactions carried out by other Clients of the Company and third parties (the “Traders”). The choice of Trader is made exclusively by the Client, as is the start and end of the monitoring of the Trade account.
5.3 There are two options for copying the Client’s Transactions: (1) by a fixed volume, regardless of the volume of the original Transaction; Or- (2) by allocating an amount available for copying, unrelated to the Transaction of the Trade, and the relationship between the Trader’s Transaction and the Transaction executed on the Client’s Account will be determined according to the relationship between the amount allocated to the Client’s Transaction and the volume of the Transaction of the Trade.
5.4 The Customer may, at any time, close any Transaction independently, or alternatively, through the dealing room.
5.5 The rating or past performance of the Trader or any other information published in relation to the Trader shall not be considered as advice, a promise or a guarantee of future success. The Company may direct or introduce the Client to specific Traders, without the foregoing being considered as a recommendation to follow a specific Trader and/or to use the System. The Company is not committed to any agreement with any of the traders within the system.
5.6 Trading based solely on copying other Traders is not recommended.
5.7 The Company does not guarantee that all the Trader’s (financial expert’s) trading orders will always be correctly copied and/or executed on the Client’s account, including orders to open or close a transaction. Consequently, the Client must carefully monitor the transactions opened on his Account.
5.8 The Client is entirely responsible for continuously monitoring his/her Account and the level of risk to which the Account is exposed. The Company does not supervise the performance of the service and/or the Traders, the trading methods used, the volume of transactions, the suspension of transactions by the Trader, etc., and is not obliged to alert the Client to any risk; The entire responsibility for the Transactions on the Client’s Account rests with the Client, and the Client hereby waives, in advance, any claim regarding the results and/or extent of the activity on his Account with respect to subsequent Traders.
5.9 Sirix information, content and services are provided “as is” and the Company and its representatives assume no responsibility for the suitability of the service to the Client’s needs or objectives. The Company does not guarantee the quality and accuracy of the information, its suitability for any purpose whatsoever, completeness, reliability, integration and compatibility with any computer program on the Client’s computer, and does not guarantee that use of the services will be uninterrupted and/or free from disturbances and/or breakdowns and/or malfunctions and/or any damage.
6. Fees and charges
6.1 The Company charges fees for executing Transactions on several Financial Instruments offered by the Trading Platform. The fees vary according to the Company’s classification of the Client. In addition, the Company earns revenue from the spread on Transactions (i.e. the difference between the buy/sell price quotes offered by the Trading Platform to the Client). It is up to the Client to decide whether or not to trade at these prices.
6.2 Accounts defined as Islamic accounts will be charged a fee if trading is blocked for two days. Every third night from the opening of the transaction, the Customer will be charged a fee in the amount of the Spread of the open transaction.
6.3 The Company may charge a fee for depositing funds into the trading account and withdrawals from the Client, including a fee for wire transfers to the Client. Depending on the payment solution, the fee will be between €25 and €50 for each bank transfer. The fees mentioned will be deducted from the bank transfer. The Company may introduce additional fees and charges and may amend existing fees and charges at any time.
6.4 Inactive Trading Account – In the event that the Client has not carried out any trading activity on his Account for a period determined by the Company or if trading activity is at a low level according to standards determined by the Company and/or if the Client does not hold the required minimum amount of funds in his Trading Account as determined by the Company from time to time, the Company may charge the Client an administration fee of 5% or 25 Euros or USD (depending on the currency in which the Account is maintained), whichever is higher. The period that will classify the Client’s Account as inactive will be calculated from the date of opening or closing of the last transaction on the Client’s Account. The Company may modify the terms and rules of this section, including the length of time that the Account will be defined as inactive, the level of activity of the Account that will be classified as low activity, a minimum amount of funds that the Client is required to hold in the Trading Account, and the amount of commission for the Account classified as inactive.
7. Trading conditions
7.1 The trading platform provided by the Company allows trading in exchange rates of different currencies and CFDs of different financial instruments made available on the Company’s platform (all hereinafter: “Financial Instruments”). When using the trading platform, the customer is presented with buy and sell prices for carrying out transactions in Financial Instruments based on the prices received from various financial information systems as inductive trading prices on the markets. To determine the trading prices, the platform performs mathematical calculations according to known and accepted formulas.
7.2 Transactions are automatically renewed every night at 22:00 GMT by the trading platform server clock, which is automatically synchronised with Cyprus time.
7.3 A transaction ends in one of the following events:
7.3.1 The Client has initiated the closing of the transaction
7.3.2 The transaction rates meet a predefined stop loss, take profit or other criteria defined by the Client or the Company under the terms of this Agreement.
7.3.3 The Transaction expiry date has been reached, in certain Transactions, as set by the Client or the Company, as the case may be.
7.3.4 The Client does not have sufficient funds in the Account, therefore the Company will effect a forced close of the Transactions, at the Company’s sole discretion, for the purposes of compliance with the Trading Margin Requirements set by the Company to the Client.
7.4 The Client may submit Orders via the trading platform which has been provided to the Client by the Company or by written Orders (including by fax), by e-mail or via another electronic instrument or verbally (including by telephone), unless the Company informs the Client that a particular Order may only be submitted in a particular manner.
7.5 The Company does not authorise the simultaneous execution of Opposite Transactions, Transactions based on market spreads, during news publications (macroeconomic notices), price freezes, trading suspensions, price or time manipulation operations, including illegal scalping and the operation of arbitrage between different systems, as well as Transactions found by the Company to be an attempt to carry out such prohibited Transactions.
7.6 The Customer authorises the Company to rely on and act in accordance with any order, request and instruction provided by the Customer or any authorised person on the Customer’s behalf, without further enquiry by the Company as to the genuineness, accuracy of authority or identity of the person giving or purporting to give such order.
7.7 If the Client requests the cancellation of an order, the Company may only cancel such orders if the Client has not already acted on such order, or if otherwise agreed by the Company.
7.8 The Company has the right, but not the obligation, to set limits and/or certain parameters in relation to the Client’s account and trading orders, at its sole discretion. These limits and/or parameters may be modified, increased, decreased, deleted or added to by the Company and may include, but are not limited to (I) limits on the maximum size of trading orders and number of orders; (II) limits on the Client’s single trade exposure or total exposure; (III) a limitation on leverage in different financial instruments and more.
7.9 The Company has the right, at its sole discretion, to cancel or correct any transaction that has been executed in connection with an error, system malfunction, breach of the Agreement by the Client, etc. The Company’s records will serve as a record of any such transaction. The Company’s records will serve as conclusive evidence to correct the exchange rate against the Client’s accounts.
7.10 Benefits – The Company may, from time to time, provide benefits or various subsidies to the Trading Account. Such benefits may be offered for limited periods of time and/or supply, and the Company shall have the right to modify, freeze, cancel, etc. the terms of the benefits from time to time and at its sole discretion.
7.11 The Company shall have the right, but shall not be obliged, to send to its Clients, either all of its Clients or any part of its Clients, notifications and updates regarding the trading conditions of an underlying asset, such as CFD contract expiry dates, etc., and the Company shall be under no obligation to do so. The Client will have no claim against the Company for failing to send such notices or updates or for the inaccuracy of the information contained in any such notice. It is the Client’s ultimate responsibility to familiarise himself/herself with the trading conditions of the assets on which he/she trades.
8. Types of orders
8.1 Buy – An order to buy an Instrument at a price available for trading on the trading platform provided by the Company at the time the order is placed.
8.2 Sell – An order to sell an Instrument at a price available for trading on the trading platform provided by the Company at the time of the order.
8.3 Limit Order – An order to buy or sell at a certain price. Any Limit Order has a specific price limit determined by the Client (subject to the consent of the Company). A Limit Order will be triggered if the Company’s Bid Price (in the case of a Sell Order) is the same as or greater than the Limit Price set by the Client or if the Ask Price (in the case of a Buy Order) is the same as or less than the Limit Price set by the Client. Once the trading price offered by the Company has reached the price set by the limit order, the limit order will be triggered and the Company will seek to execute the order at that price. If the Company is unable to execute the order (due to price changes during the execution of the order), the limit order will again await the price determined by the Client and will again be triggered.
8.4 Stop Loss Order – is an order used to close a Transaction at a price predetermined by the Client, the intention of which is to limit the Client’s loss to a predetermined and known amount. The Company does not undertake to close the Transaction at the price predetermined by the Client due to changing market conditions.
8.5 Take Profit Order – is an order to close a Transaction at a predetermined price set by the Client whose intention is to close the Transaction when he has made a certain profit. As soon as the trading price offered by the Company reaches the target price of the limit order, the limit order will be triggered and the Company will seek to execute the order at the said price. In the event that the Company is unable to execute the order (due to changes in trading prices during the execution of the order), the limit order will again await the price set by the Client and will then be executed.
8.6 Stop Buy Order – a future Buy Order to buy an Instrument at a price set by the Customer that is higher than the price at which the Instrument is trading when the order is transmitted. The purchase will be executed when the traded price of the Instrument on the Platform reaches the price set by the Customer and if the order cannot be executed at the price set by the Customer (due to the volatility of the price of the Instrument) the order will be executed at the trading price available on the Trading Platform which is closest to the price set by the Customer and in which the order is applicable.
8.7 Stop Sale Order – a future order to sell an Instrument at a price set by the Customer which is lower than the price at which the Instrument is trading when the order is transmitted. The sale will be executed when the traded price of the instrument on the Platform reaches the price set by the Customer and if the order cannot be executed at the price set by the Customer (due to the volatility of the price of the instrument) the order will be executed at the trading price available on the Trading Platform which is closest to the price set by the Customer and in which the order is applicable.
8.8 The Company does not guarantee, among other things: (A) To open a transaction at the price determined by a stop order. (B) The execution of orders based on hedged transactions (two stop orders in opposite directions in the same or similar currencies). (C) Execution of transactions during a market slide or peak or if trading on the market is interrupted or ceases altogether. (D) In instruments that do not have 24-hour trading, such as CFDs on indices, commodities such as oil and other currencies and instruments, during holidays, weekends, news announcements, special events and/or economic and other crises.
8.9 Rollovers or Swaps – Customer Transactions are automatically transferred (“rolled”) to the next business day, without the need for any action by the Customer. Such rollovers are sometimes accommodated with overnight exchange rate interest differentials that affect the trading account. In the event that the Client has an open position on Wednesday at midnight, the Client will be charged the Swap commission for three days.
8.10 Margin calls – Margin funds are sums of money deposited by clients as collateral for holding positions. When a Client opens a position the size of which is greater than the amount of money deposited by the Client, this means that the Client is using leverage. The Client undertakes to deposit with the Company, on request, any additional funds required by way of guarantee to secure current or foreseeable losses. If the Client fails to meet such margin call, the Company may close the Client’s position(s) at prices and times which may be less favourable to the Client and the Company shall have no liability in respect of the foregoing.
8.11 At present, and subject to change in the future, at the Company’s discretion, the Company shall have the right to close out all or part of the Client’s open positions and/or limit the Client’s ability to open additional positions, in the event that the Margin on the Client’s account represents 50% or less of the value of the Client’s open positions; it should not be assumed that the Company will always do so.
9. Use of data and protection of privacy
9.1 The personal information you provide is used solely to open an account with us and may not be used for any other purpose. Your personal data is protected by the laws and regulations of the European Union.
The data you share with us is processed via a secure connection. We implement security measures designed to protect personal data, including physical, electronic and procedural measures. You can contact us to help you change, update or delete your personal information at any time. You can delete the data you share with us and your users’ data from your account. You may also delete your account at any time. You can send us a request to delete data which we undertake to process within a reasonable period of time.
9.2 Due to the nature of the Company’s services and the Company’s customer relationships, the Company will retain certain information about the Customer on the Company’s databases. All data collected, whether held in physical or computerised form, will be protected by the Company in an order to maintain Client confidentiality and access to the information will be restricted as necessary to provide services to the Client and the Company.
9. 3 The Company shall be entitled to use and/or disclose Customer Information (a) For internal use, including with affiliated entities and/or service providers necessary to provide services to the Customer and who are required to maintain confidentiality; (b) As permitted or required by law; (c) For protection against or to prevent actual or potential fraud or unauthorised transactions or unauthorised conduct (d) For computerised supervision of the Customer’s use of the Services, review and/or audit and/or development and/or maintenance of the quality of the Services; (e) To protect the Company’s rights or obligation to comply with any applicable law.
9.4 The Customer hereby grants the Company permission to use its user data to provide updates and/or information and/or promotional or marketing information, including via the Customer’s e-mail address. Cancellation of these consents will be made by providing written notice to the Company and will apply to new publications that have not been sent.
9.5 The Client agrees that the conversation and correspondence between the Company and the Client may be recorded.
9.6 The Company may pay or receive commissions from business associates.
9.7 The Company’s trading platform, website or other services may use “cookies”.
10. Risk disclosure – Financial knowledge of the Client
10.1 The Company and any person on its behalf do not advise Clients as to the profitability of any trading action or inaction, and as to the tax consequences, nor do they manage investments for Clients. The Customer warrants that he/she is the only person responsible for making an independent assessment and investigation of the risks of any transaction. The Customer is required to have prior knowledge of Forex and other.
Trading of Financial Instruments and to consider his actions and the risks involved before taking any action on the Trading Platform. The Client acknowledges that he/she has read and understood the attached Risk Disclosure which is an inseparable part of this Agreement.
10.2 The Company may provide to its clients or publish factual market information about a specific underlying instrument and update the client with reputable third party publication and analysis, as well as general information such as technical analysis or well-known trading techniques. In doing so, the Company neither undertakes nor represents itself as to the accuracy or completeness of the information or the commercial or tax implications of any particular transaction. The provision of information is incidental to the Client’s relationship with the Company and is provided solely to enable the Client to make its own investment decisions.
10.3 The Company has no obligation to assess the suitability of any Transaction for the Client or to assess whether the Client has the necessary knowledge and experience. All risks associated with the foregoing shall be borne solely by the Client.
10.4 Répartition des taxes des clients – Toute taxe s’appliquant au client et / ou résultant de l’activité de trading du client, sera sous l’entière et unique responsabilité du client. Le Client devra personnellement déclarer et payer toute obligation fiscale dont il est redevable. La Société sert uniquement de médiateur et ne perçoit ni ne prélève d’impôt pour le Client. La Société se réserve le droit, si elle est commandée par une entité officielle, de déduire l’impôt du Client et de le remettre à l’autorité fiscale compétente.
11. Account balances
11.1 Account balances and statements are displayed on the trading platform. The Client may view open trades and the status of margin funds at any time by accessing the trading account on the Company’s trading platform and view reports created by the Company. The Company does not send printed reports to the Client.
11.2 Account activity reports – The Client must regularly monitor his trading account. The Client must immediately notify the Company of any discrepancies and bring them to the Company’s attention. All trading certificates and monthly reports will be considered true and acceptable to the Client if no complaints have been processed upon receipt.