1. General Provisions
1.1 This Client Agreement (hereinafter called the "Agreement") is made by 8TOPUZ WEALTH FINTECH LLC, providing services under 8TOPUZ trademark, (hereinafter called the "Agent"), and an individual or a legal entity (except for stateless persons; individuals under 18 years of age) (hereinafter called the "Client").
1.2 This Agreement establishes mutual commitments of the Parties, which arise in the course of conversion arbitrage transactions with contracts for financial instruments in compliance with the Terms of Business.
1.3 The Agent provides the Client with the following services:
1.3.1 Assistance with trading account opening with any CFD provider hereinafter called the “Broker”;
1.3.2 Organization of the transactions and provision the facilities for the Client to make deals with contracts for financial instruments;
1.3.3 Information & consulting services.
1.4 The Client has no right to ask the Agent for trading recommendations or other information, which may motivate them to make transactions.
1.5 The Client has the right to open not more than 1 investment account with the Broker. In case the Client has already opened at least one real trading account, the Agent has the right to restrict the opening of new accounts at its sole discretion.
1.6 The Agent, at its own discretion, may provide the Client with trading recommendations or other information, but bears no responsibility over the impact and profit that these references and advice may cause.
1.07 The terms used in this Agreement are determined in last section of this agreement – in "Terms and Interpretation".
2. Opening of trading account
2.1 To open a trading account, the Client should fill in the registration form on the Broker's website, using the specific link provided.
2.2 When filling the registration form and opening a trading account, the Client has the right to choose one of the currencies for his account type and trading platform specified in comparison table of account types on the Broker’s website.
2.3 The Broker has the right to refuse the Client in opening and maintaining of trading account, if the information stated in the registration form is not valid.
2.4 The Client is liable for the authenticity of the provided documents or their copies, and admits the right of the Broker, if their originality is doubted, to apply to the law enforcement authorities of the document issuing country for the authentication validation, in case the act of the document forgery was disclosed, the Client will be brought to responsibility in accordance with the legislation of the document issuing country.
2.5 The Broker has the right to terminate maintaining of the trading account in cases within 45 days after it was opened the Client did not make any transaction.
2.6 The Broker holds responsibility to provide a true history of transactions in client terminal for the period specified for this account type in comparison table of account types on the Broker´s website.
3. Procedure of mutual settlements
3.1 Funds can be withdrawn from/ deposited to trading account in the currency of the trading account. Funds withdrawal is available for verified clients only.
3.2 The Client has the right to withdraw from his trading account any sum, within the limits specified when making the funds withdrawal application in his Members Area.
3.3 Procedures of depositing and withdrawal to/from trading account are performed during working hours of the Broker’s Department of Payments (from 9:00 AM to 6:00 PM EЕТ).
3.4 In case the Client uses an automatic account depositing service in "Members Area", the Broker assumes a commitment to transfer funds to the Client’s trading account within two business days after receiving the Client’s deposit.
3.5 The Broker has the right to refuse the Client in conducting of transactions on the trading account in case of misuse of the funds, particularly for the purpose of conversion of cash assets.
3.6 When withdrawing funds from the trading account, the Client is charged with a commission for funds transfer.
3.7 In order to make deals, the Client should accept unconditionally the terms of transaction provision at the Broker’s server in compliance with the Client agreement.
3.8 If the balance of the Customer’s account is negative, the Broker shall have the right to pay off without future authorization the negative balance of the account by transferring funds from any other account of the Customer’s Personal Area or from an account of any other Personal Area, if the Broker believes that there is a connection between this Personal Area and the Customer.
3.09 Corporate actions: any actions taken by an issuer, whose listed securities are associated with the financial instruments traded through the broker trading platform(s), including but not limited to instances of: (i ) stock split, (ii) reverse stock split, (iii) right issue, (iv) merger and takeover and (v) dividends. In case the Client has an open long position in a trading instrument when ex-dividend date for this instrument takes place, the sum equal to the paid dividend will be transferred to the Client’s account. In case the Client has an open short position in a trading instrument when exdividend date for this instrument takes place, the sum equal to the paid dividend will be withdrawn from the Client’s account. The Broker is not liable for the Client’s timely monitoring of the ex-dividends dates for those shares, CFDs on which he is trading. This information is in public access on theme-based websites. If the Broker, in its sole discretion, warrants it is unable to fairly value a corporate action, the Broker shall reserve the right to close the Client’s position. In the event the Client maintains a short position on ex-dividend date and has insufficient free equity in their trading account to cover the reserve cash adjustment, the Broker reserves the right to close the Client’s opened positions. Under such circumstances, the reserve cash adjustment shall be deducted from the trading account’s balance. The Client accepts that the Broker retains no requirements to notify the Client in the event a trading account maintains insufficient free equity to cover a reserve cash dividend for a short position.
4. Responsibilities and duties of the Parties
4.1 The Agent holds no responsibility for unauthorized use of the passwords for getting access to the Broker’s services. When suspecting an unauthorized access to their Members Area, the Client should inform the Broker about it immediately by any means available. After receiving such notification, the Broker shall block the Client’s Members Area until the circumstances are clarified.
4.2 The Client holds responsibility for transactions made in the trading account.
4.3 The Client holds responsibility to avoid the transactions, which violate the law, the legislation, the norms and the rules applied to the Client.
4.4 The Broker has the right to request the Client for identification (to pass the complete verification) by providing the documents to prove the Client’s identity.
4.5 If any registration information of the Client (Surname/given name/ patronymic, Address, Phone number) has been changed after account opening, the Client is obliged to inform the Broker with request to change the information.
4.6 The Client takes responsibility to deposit to the trading account only the funds of legal character. If the Broker receives a notification from the payment system that the money used to deposit trading account are of dubious provenance, the Broker has the right to block the Client’s Members Area and his corresponding trading account until the circumstances are clarified. In this case, the Broker may close all positions on the Client’s account without informing him about it in advance.
4.7 The Client acknowledges that the Broker has a right to give their personal details to the law- enforcement authorities, where there is an official request under the framework of counteracting revenue laundering.
4.8 The Broker has the right to block the Client’s account, as well as the funds on it, if the Client violates article 4.6 of this Agreement or where there is an official request from the law enforcement authorities to check the legality of the Client’s trading operations. The Broker has the right to block the Client’s Members Area and his corresponding trading account until the circumstances are clarified. In this case, the Broker may close all positions on the Client’s account without informing him about it in advance.
4.9 In case the Client violates articles 4.3 and/or 4.6 of this Agreement, the Broker has the right to cancel the transactions made by the Client and/or ask him to provide additional documents for settlement of the situation.
4.10 The Broker has the right to regard as non-market the transactions at the trading server, in case there are objective reasons for that.
4.11 All information presented on the Broker’s website is intended for illustrated purposes only.
4.12 The Client has the right to terminate this Agreement if they inform the Agent and Broker in writing of their willingness to do so.
4.13 The Agent has the right to terminate this Agreement immediately provided that the Client is informed in writing about it.
4.14 Cancellation of this Agreement does not release the Broker and the Client from responsibility to discharge obligations, which were incurred before notification by one of the Parties about this Agreement cancellation.