Download as pdf
Download as pdf
You are on page 1of 9
Timomcomen I Tana yaaas DPONTEGA va closed by you taking an offsetting position. For this reason, open trades wil alvays be closed withthe Company and your Account Wl ether be credited or wil be debited according tothe prof or loss made on the trade. 2.7. Nature of the Services. The Company's Services and the Trading Platform do not provide @ market amongst or between tsers ofthe Trading Platform, Because Ontega is dealing on its own account, each Trade entered into isan individual agreement ‘made between you and the Company and the Company is 2 counterparty tothe trade. 3, ACCOUNT RULES 53,1 Registration. n order to use the Company/s Trading Platform you wil requie @ username and password from the Company, ‘The usemame and password wil Be selected by yourself and allocated to you upon completion ofthe Company's application form avaliable online. The Company f entitled, ats gole dsoretion, to reject your application to register. The Company is also tentiled to close your Account wath mmeciate effector to suspend, restrictor withdraw your access tothe Trading Platform inthe event that the Company has feasonable belie that you are In breach ofthis Agreemert. 3.2. Relance on Password. You acknowledge that the password is confidential and that you ae responsible for keeping such passwora secret The Company shal rely onal instuctone, orders oF other communications entered using your password, anc {you wil be bound by any lade, order or expense incurred on your behalf in elance of any such instructions, ‘rders or other communications. You agree to inform the Company immediately i you suspect or become aware ofthe oss, theft Or csclosure of aur password. The Company wil not be lable for ay lass caused by acting on Instructions given using yout password. 53. Cancellation, Termination, Suspension and Breach. The Company may restrict your access to the Services, suspend of terminate your Account withéraw, cose or void any trades in our absolute discretion without cause at any time including () if there isa technological falure, i) if the Company suspects that you are engaging in ileal or fraudulent activity, (i) the Company suspects that you have (ar may have) breached any par of tis Agreement or (w) ifthe Company suspects you are ‘acting in @ manner that is detrimental tothe conduct of the Company's business of which may resutin legal lab for you, the Company or third partes 3.4, Account Reaches Zero. Inthe event thatthe value of your Account reaches zero then all open trades shall be automaticaly closed by the Trading Platform, 43.6: Account is below the Margin. You must maintain a value of your Account that isnot less than the Margin In the event that the value of our Accounts less than the hlargin all open trades shal be automaticaly closed by the Trading Platform, 36, Inactive Account. Incase af absence of any trading activity within three 3) months, the Company reserves the right to apply fan administrative fee in order to maintain the account, assuming that your Account has the availabe funds. The fee shall be ‘announced in the Trading Conditions, onthe Company's website at all imes. I your Account is funded by a lesser amount than the one announced inthe Tracing Concltions and has been inactive fora period of three (3) months, the Company reserves the fight o charge a lower amount f cover adminstrative expenses and close down the account. 57. Gredit-out Rule In case of absence of any trading activity fora period as spectied on the Company/s website, the Company Teserves the ght to apply a credi-out rule and remove any trading credit avaiable in the Client Account. The conditions forthe Credhout rue are avaiale atthe Trading Conditions atthe Company's Website at al times, 4, FUNDS AND WITHDRAWALS 41. No Interest. No interest shal be payable on any funds deposited by yourself with the Company in your Account. 442. Withdrawal. You nave aright to urtndraw al or part ofthe funds deposited in your Account Provided that you have submited ‘withdrawal request through the Trading Platform: Provided that you no open positions exist in the Account Provided that any fount being used to cover Margins may net be witherawn; Provided further that withdrawals should be made using the same method used by yourself te fund the Account, Provided futher that withdrawal request may be refused or delayed inthe event that you have failed to provide any documentation thatthe Company may requie fos the purposes of AMLIKYC, 443. Minimum Withdrawal Amounts. The Company reserves tne Nght, from time fo ime, to set minimum withdrawal amounts alts sole ascretion 44, Withdrawal Fees, You agree that you are responsible for any bank charges or transfer fees when withdrawing or deposting ‘ands, 4.5, Execution of Withdrawal, Ontega shall execute the Client's withdrawal within 120 working hours as soon as the requirements a8 described in section 4.2 above are agotegately completed and upon approval of such by the Ontega Back Office Department The Client acknowledges that fund transfer times may vary according to its account type, issuing bank, intermediary bank, wecelving bank, destination county ot any 3rd paty involved in the transfer of funds. Withdrawal of funcs may also be ‘subject to restrictions imposed by ar in connection with the receiving bank. Ontega shall not be liable fr any un transfer. In Adation. the Clent acknowledges that in case the received funds are converted to any other curtency other than US Dollars, Some exchange fees may apply. The Client is fly responsible for payments details, ven to the Company and the Company fceapis no responsibly forthe Chent's funds, the Clients given details are wrong. I is also understood that the Company !Seepts no responsibilty for any funds not deposied direcy nto Company" bank accounts. The Company reserves the right nthe Client acknowledges and agrees that in eate the Clent performs a withérawal, Ontega may remove andlor adjust any Allocated trading benef. ‘46. Failure. Shoulda withdrawal request had fale to meet the withdrawal accumulative conditions set out in section 4.2 above, the withdrawal request wil be cancelled wihin 30 days offs request and the Client may re request for the withdrawal. Such ‘withdrawal re request shal be subject othe withdrawal general terms as set out above. 5, TRADING SERVICES 5:1. Services. Without prejudice to any other clause in this Agreement, the Company will provide you withthe Trading Platform, which platform shall provide “bis and “off” prices in respec ofthe financial instruments offered by the Company: Provided that inthe case of CFDs the abilty to open or close an individual CFD contract shall depend on the tring hours ofthe relevant ‘egulated market where the underying instrument i traded ‘52. Trading Benefits, The Company may offe several trading benefits to its Clients. Trading Benefits General Terms and Conditions canbe found. onthe Webste and form part ofthis Agreement 15.3. Restrictions. The Services ae mite to executing trades a the quoted price. In particular you willbe abe to use the Trading Piatform to open a poston, close a position andor to ada, remove or edit orders for stop loss, take proft, buy limited, buy stop, care o/[ral020 pou. wue_900 Coe gennrund Taan vans DONTEGA sell mit and sel stop. The Company may atts sole discretion require you to limit the number of open trades that you hold a to Close one or more trades inorder to ensure that such limits are observed, 54, Instructions. Instructions by yourself are to be given to the Company through the Trading Platform: Provided that Ontega wil in cartain cumstances, in particular where the Trading Platform is unavailable, accep instructions by phone provided tht, athe Company's sole discretion, the Company is satisfied of your identity and af the instructions ‘55. Responsibility for Instructions. You are solely responsible for any instructions given to the Company by yourself and for all errors made in placing orders through the trang platform. You ae also responsible for making and maintaling contact with the Company for the purpose of mentoring your postions and for ensuring that any further instuctions are given on a timely bass. 56. Suspension of Services. The Company reserves the right to suspend temporarily the provision of Services in relation to ‘one or more financial instuments at its sole discretion in the event of ciical news releases, 5.7. Rollover, Inthe absence of instructions tothe contrary received bythe Company prior fo 12:00AM (GMT), the Company will ‘on a dally basis automaticaly roll overall open postions on your Account tothe following business day. You may be charged or ‘receive roll over interest in respect of each rolled over trade which interest will depend on a numberof factors including the ype fof product hel, the size of the postion and whether the postion has been bought or sold The Trading Platform csplays al ol ‘ver amounts charged or received 5.8. Lot The Company reserves the right to change the contract specifications at any Ume depending on the market situation, The Client agrees to check the ful specification of the Financial instrument before placing any order 5.8. Leverage. The Company reserves the right to change your tring account leverage at ils discretion, ether fora rited time ‘ron a permanent basis. Ontega shall notiy you in wating of such change. 5.40, Spreads. The Company reserves the ight to increase and decrease spreads on financial instruments tits sole discretion depending on market condtions 5.11, Payment Support Clearing suppor services provided by Rehoboth Lid from 73 Arch, Makarios Il Avenue, Office 301 1070 Neosia, Cyprus, va 6. PROHIBITED PRACTICES {6.41. Scalping. Scalping is proniited and inthe event thatthe Company determines that your trading patterns reasonably appear to rely on scalping, the Company may revoke the trades without any ably to you and shal covreet andor adjust your Account ‘accordingly. For the purposes of this clause, scalping shal inciude any method involving the rapid opening and closing of postions 6.2. Arbitrage. Arbitrage or otherwise taking advantage of internet or other software or hardware delays or erors whereby the prices on the Company's Trading Platform do not reflect actual market prices Is prohibited. Inthe event thal the Company ‘etermines thet your trading pattems reasonably appear to rely on arbitrage or other price latency opportunites, the Company ‘may evoke the trades without further labilty to you and shall correct andlor adjust your Account accordingly. 6.3. Automatic Trading. You shall not use any sofware fr the purposes of automatic tracing on the Trading Platform, 7. WARRANTIES 7.4. Client Warranties. You hereby warrant tha: 7.41. If you are an indvidal, you are of sound mind, legal age and legal competence; 7.4.2 Ifyou are @ company oF corporate Body, you are duly incorporated ang validly existing under the laws of the county of your incorporation; 74:3. No person other than yourself hasan interest in your Account or in any trades that you enter into using your Account: 7.1.4. You are aware of the risks involved in utising the Services 7.1.8. Al information provided tothe Company is true, accurate and complete; 7.1.8. You wil keep all information provides Updated by informing the Company frm te to me of any updates: 17. You wil use the Services for legitmate purposes only 7.1.8. You shall nat engage in any activity which has the purpose or effect of causing damage to or in any way hindering the Company's business operations or generating or increasing ial on the Company, including without lntation any tax, levy oF duly colecting authorty 7.4.8. You shal not trade or manipulate the Trading Patform in a manner which the Company believes has the purpose or effect of adversely affecting the integrity of the Company's Services or ofthe Trading Platform, and 7.4.10. Without prejudice tothe generalty of clause 7.1.8, you shal not trade using scalping techniques, arbitrage or automate trading methods 8, INTELLECTUAL PROPERTY 8.1. Copyright. Al content rademars, trade names, and designs ofthe Website and the Platform ate protected by copyright and are the property of Ontega. Any unauthor'sed use of any ofthese rights may result n prosecution of other action being taken against you. Any data leensed to Ontega from third pats is provided for use on the Company's Website or Platform only ana may not be used fer any commercial purposes without the consent of such tied partes. 8.2, Licence to use our Website and Trading Platform. Ontega grants you a limite licence to access its Webste and the “Trading Patform for the purposes of accessing the Services provided that you comply with this Agreement 8.3, Unlawful Use. The avalabilty of Ontega's ste doas not constiute an offer ar Invitation by Ontega to use the se in any |urisdiction in which such use is llega 8.4, Limitations. Your use of Ontoga's Website and Trading Platform or any data feeds Onlega may provide to you confers no tights whatsoever to the content and related intellectual property rights contained on Ontega's site or on any such data feeds, ‘You agree not fo monitor, use or copy eur Website, Trading Platform or any of Ontega’s wed content, including without Imitation any price data. You wil not attempt to hack, make unauthorised alterations o iniduee any kind of malicious code tothe Webste by any means. You will not (a) reverse engineer or decompie (whether in whole or In par) the Trading Platform or any other software made available through the Website; or (0) make copies, modity reproduce, vansmit, alter or aistribute all or any part ofthe Website or Trading Platform ar any materal or information contained in them. Any unauthorised use or reproduction may be prosecuted. orre: oslttfro29 ru wane vow Contes sianarune, ZZ 2 Jana anas cee DONTEGA 9. CONFIDENTIALITY AND DATA PROTECTION 9.1. Privacy Policy, Any information you send to the Company willbe processed in accordance with ts Privacy Policy. You hereby acknowedge that you have read and agree tothe sala policy. 9.2. Credit Checks. You authorise the Company, at any Ue, to use any means that the Company considers necessary to verify your identity and erediworthiness with any third party providers of information. Upon reasonable request made in wring by you {othe Company. you wil be allowed to review any records maintained by the Company relating to your crect standing 9.3. Recording of Communications. We reserve the right fo recard communications to and ffom Ontega and you hereby agree thal such communications may be used by the Company a8 evidence in the event theta dspute arises between the Parties va 10, TERMINATION 40.1, Termination. Either Party may terminate this Agreement by providing the other Party with wien notice of a least seven (7) days por the intended termination date 40.2, The Company may terminate the Agreement mediately without giving the seven (7) days notice in the folowing cases: 2) Inan event of defaut of the Client ») Suc termination is required by any competent regulatory authorty or body; ¢) The Client violates any provsion of this Agreement which in the Compa law or regulation; 4) The Client involves the Company cirecty or indirectly in any typeof trae: {2} The Ciantis not acting in good faith and the Company has grounds to betive that; 4) The Cents trading activity affecs in any way the reliably andlor operation ofthe Company; anor 19) An unauthorized person i tracing on behalf ofthe Client. {0.3 tis noted that the Client shall need to proceed with the closing of any open trades prior to the termination date. In such @ Case that the Client fails or omits fo do so unt he termination date in question, the Company wil proceed with the closing of any open positions. {To4, The Company reserves the ight to keep Cant’ funds i necessary, to close any futher positions which already have been opened andlor pay any pending obligations a he Client under the Agreement 's opinion cannot be implemented or violates any 11, DEFAULT. 41.1, Breach of Agreement. In the event tha, in the Company's sole discretion, you are in breach ofthis Agreement including but not Imted to any eal for Margin, there is a change in your creditworthiness, if necessary to prevent a prohibition of any ‘ppleabie law, regulations or good practoe ori you fal to provide any documentation that the Company may require for the Purposes of KYC, then the Company may without notification to you and in the Company's absolute discretion take such action 23s may be necessary to protect the Company's postin, including but not lited to 41414. Closing one of mote of your open trades, 14.1.2, Voiding or canceling any af your open trade 41.113. Canceling any tades, orders or contracts orather commitments made wth you: 411.114 Closing or suspending your account, and/or 414.15. Liming your access tothe Trading Pitform 12, INDEMNIFICATION 412.1, Indemnity. You agree to indemnify and hold the Company and its associated companies, afiiates, officers, diectrs, agents and employees harmless from any lailies, claims, losses or demands made by any third party arising out of your breach Of his Agreement or out of your violation of any law or the rights of any third party 49, LIABILITY. 4131. Liability. The Company shal acta all times in goad feth and shall provide the Services with due dligence but shal only be held lable for any damages or losees thatthe Client may incur such damages o losses occur as a result ofthe Company's arose negigence or delberate omission on the Company's part. 42:2. No Liability for indirect Damages. Under no circumstances will Ontega be lable fo any indirect, special or consequentia! damages, loss of profs (direc o nde) arising from breach of contrac, negligence, equitable duty (including forthe avoidance of doubt in elation to any trade(s) voided by the Company) er other liadliy resulting from the use ofthe Services or the Platform tven ifwe had been advised of of Known (or should have known) of the possibilty of such damages or loss. 113.3. Exclusions, Ontega exces all representations and warranties as tothe satisfactory quality andor finess forts intended purpose and/or accuracy and complateness ofthe Services ‘Ta, Loss due to Misuse, Ontega wil not bs lable fo you for any loss that you may incur as @ result of misuse of your password and t accepts no lability resulting ffom is unauthorised use, whether fraudulent or otherwise 412.8, Errors. You nilinform the Company as soon as you become aware of any errors in calculations with respect to any tade ‘or quote onthe Trading Platform, Ontega reserves the right to declare null and void any trades which are the subject of such an trror. For the purposes ofthis clause, ade of ote erors shall include, but ae not ied to: a quote mistype, a quote or trade that isnot representative of fair market proes, or otherwise an erroneous price quote as a result of falure of hardware, sofware orinaccurate data feeds provided by third partes 1136. Currency Losses and Fluctuations. In the event of any loss incured by yourself resuting from a fluctuation in the ‘exchange rate affecting a currency, Ontega shall not be held liable for such loss. In addtion, Ontega shall not be ible for any losees of expenses incured as a result of currency conversion if you authorise the Company to conver funds in your account into and from a foreign currency ata rate of exchange determined by the Company. ‘137, Other Losses or Expenses. I the Company Incuts any clams, damages, liablly, costs or expenses in relation to the ‘Senices in fufiment of your nstrctios, its understood that Ontega bears no responsiblity whatsoever and that i is your responsibilty to indemnity the Company for any such any claims, damages, ably, costs or expenses incurted. 14, SET-OFF 44.1, Right of set off. Ontega may at any time, without notice to you, set off any lability owed tothe Company by you with any funds held in an Account in your name or which we believe to be under your control, ave: 02//212029 runs nae Jv20 Coal) siguarure Taan “aad DONTEGA va 18, DISPUTES / COMPLAINTS 46.1, Disputes. Ontega wil attemot to resolve any disputes or complaints that you may have in regard to the Services. The Companys slvays availabe for any request, complaint or inquiry you may have. I you wish fo raise a dispute or complaint with COntega, then please e-mail the Company's Compliance Officer at customer service@ontega.com. The Compliance Orficer will Attempt to respond to all-male as toon as possible and wl vestigate andy to resolve your dsputelcomplaint. The Company hhas put in place formal procedures for handling complaints faily and prompt, and each such fied inquiry shall be thoroughly investigated and addressed in a fair manner. fyou are an existing Client please Include your username inal correspondence. 16, FORCE MAJEURE 46.1, Acts beyond our Control. Ontega ie nt lable for any loss or damage that you may suffer because of any: act of God; ower cut: trade or labour dispute, act, failure or omission of any government or authority; obstruction or failure of felecommunication services: of any ather delay or falure caused by a thd party or otherwise outside ofthe Company's contro In such an event, Ontega reserves the rght to cancel or suspend its services without incuring any ibity 46.2, Failure of Equipment. Ontega isnot lable forthe falure of any equipment or software howsoever caused, wherever located or administered, or whether under Is direct contol or not, that may prevent the operation ofthe Services, impede the placing, amending or cancellation of trades or that prevent you fram being able to contact the Company or use the Trading Pato. You acknowledge that there may be delays in processing an order or instruction to amend or cancel a trade and that you remain lable fr the orignal Trade untl any relevant amendment or cancellation is received and processed, 17 MISCELLANEOUS 47.1, Notices. Communications and notices to be given by you to the Company under this Agreement (other than those exchanges of information eccurring in the normal operation of the Website or Trading Platform) should be provided to the ‘Company as set out in the Contact ut eecton onthe Website, Allcommunicatons sent by the Company by email shall be deemed tobe ranemied at the ime indicted on any emai and willbe deemed o be delivered to you personally whether actually receives by you or not 41-2, Assignment and Sub-Contracting. You may not, without the Company's prior witten consent, assign or transfer in any manner this Agreement or any rights under this Agreement. The Company may assign or transfer this Agreement, in whole orn part, by operation of law or oherwse, without obtaining your pri consent. 47.3, Severability. Whenever possible, each provision ofthis Agreement shallbe interpreted in such a manner as tobe effective land vald under applicable law. If any provision of this Agreemant is held tobe Invali,ilegal or unenforceable in any respec. Such provision wil e ineffective only tothe extent of such invalid, or unenforceability, without invalidating the remainder of this ‘Agreement 4174. Language. This Agreement may be translated in various languages other than English for reference only. Inthe event of any diferences between the English version ofthis Agreement and any non-English Versions, the English version shal preva 4175, Entire Agreement. This Agreement and the farms expressly incorporated info them constute the entire and only ‘agreement between the Parties with regards to ls subject matter and each Party confirms that thas not been induced to accept this Agreement in relance upon, nor has it been given, any waranty (including In particular any warranty as to merchantablty fitness for purpose of uninterrupted functionaly), representation, statement assurance, covenant. agreement, undertaking, indemnity of commitment of any nature whatsoever other than as are expressly set out inthis Agreement and, tothe extent that ithas been, unconctionally and irevocably waives any claims, rights or remedies which # might otherwise have had in relation thereto, 417. Waiver. No waiver vill be implied from the Company's conduct or fom the Company's failure to enforce any rights. Any waiver by the Company must be in writing tobe effective 117.7, Amendments. The Company reserves the right to make changes to the Platform, to the Website and to all guides and policies Includes on the Trading Platform or the Website, including inter alia this Agreement, at any time by posting an ‘nnouncement on the Website. You will be subject to the guides, policies, conditions and agreements in force at the te thet you access the Trading Platform, place an order andlor enfr ints a trade. It's therefore your responsibilty to ensure to check Tegularly the aforementioned and make sure that you agree with them. Your continued use ofthe Services wil be deemed to be your acceptance of any changes the Company may make. 17.8. Governing Law & Juriadictions, Ths Agreement shal be governed and construed in accordance wth the laws of Vanuatu and any action of cisput relating to this Agreement must be brought in Vanuatu. You hereby irevocably consent othe jurisdiction ‘of Vanuatu law cours, oare:_of[/2/2029 Fut name; v2 Caalél _— sienarure: { Taan sAans DONTEGA va Risk Disclosure ‘The following statement does not dace all risk associated Investments, and is meant to inform users that trading foreign exchange, also Known as Forex or FX, may resut in substantial loss of funds andlor complete loss of funds in excess of your Inia) margin funds, and therefore should only be undertaken wih risk capital. Risk Capital Is defined as funds that are not necessary to the survival or well-being ofthe user, It'you do not thoroughly understand the risks involved in foreign exchange trading - do not trade, Ontega strongly recommends that any user considering trading foreign exchange currency of commodities, should frst thoroughly ead this risk isclaimer and Understang risks and losses innerent to Forex trading. itis your responsibilty to carefully consider your investments prior to committing funds for foreign exchange trading. Before you consider undertaking any transactions with Ontega, You should carefully conser whether such trading s suitable in ight of your ‘wn financial poston and investment objectives. Foreign exchange trading is commenly known as a double-edge sword as the sks 0” losses involved are equivalent tothe potenta to gain, Placing contingent orders, such as “stoploss" or “stop-mit’ orders, will not necessarly ent losses tothe Intended amounts ‘Market condtions may make it mpossibi fo execute such orders. You may be called upon at shart notice to depost adlional margin funds, Ifthe required funds are not provided within the prescribed tme, your postion may be hquidated. You wll remain Table for any resuling defict in your account. You should therefore carefully consider whether such trading is sutable in ight of your own fancial postion and investment abjecves. Certain market contions may make I dificult or mpossible to execute orders ata stipulate price. ‘A spread postion may be as risky a a simple long (or short) postion and can be more complex. ‘The high degree of leverage that's obtainable in Spot Foreign Exchange Tracing because of the small margin requirements can work against you as well 2s for you. The use of leverage can lead to lage losses as well as gain. ‘The Insolvenay of Ontega or of a Bank or Broker used by Ontega to effect transactions on your behalf may lead to your postions being closed out against your wishes. ‘The Clients hereby advised thatthe transactions undertaken through the dealing services of Ontega may be of a speculative nature, They may give rise large losses within a relatively short period of tne, which cannot be forecast and which may sustain 8 total oss ofthe funds deposited with Ontega. These losses may be attibuted to adverse market movements, to poston bulé- Up orto the accumulation of commission and charges relating to the transactions. ‘The Client's attention is expressly drawn to the fact that the nature of the transactions executed on his instruction, by Ontega may be noneadly realaable inthe case of 2 currency traded so regularly or infrequently that t cannot be certain that a price ‘willbe quoted at al imes or that may be dificult to effect transactions ata pice which may be quoted owing fo an absence of 8 counter party. “The foreign currency trading that you are entering ino Is not conducted on an exchange, Ontega may act as counterparty in these transactions and, therefore, may act as the Buyer when you sell and the selle when you buy. Asa resull, Onfega interests may bein conflict with yours, unless otherwse specified in yourwritien agreement or other wrtten documents. Ontoga establishes the pices at which i offers to trade with you; the pices Ontega offers might not be the best prices avaliable and Ontega may ‘offer siferent prices to dlerent Clents. Adatonal, since Ontega may act as the buyer or seller inthe transaction, you should ‘carefully evaluate any trade recommendations you receive fom Ontog3, ave: oiftaleors ru name:_tvoW Conlo) SIGNATURE: Tang voaas \ DONTEGA v4 Beneficial Owner Declaration ‘The Client hereby declares: That the Clients the only beneficial owner ofthe funds deposited with Ontega, or ‘That the beneficial owner of the funds deposited with Ontega is (a company) fan individual Company Name: First Name: Legal Form Last Name, Country Doe. Date of Incorporation Nationality Registered Address Full Address: The Client is obligated to communicate without delay, any changes conceming the beneficial owner(s) ‘The Client has been made aware that an intentional and erroneous completing of this form constitutes a false document, pace a date LIMA, 1 [yal 2000 Signature; pe 7[Page 2BCP2 aan co

You might also like