Client-Fund Trading Agreement
14 May 2013 Published by Piper Law Group.
1. This Agreement is made between our client (henceforth referred to as you, your or in general terms, and the Client) and I2 Investments (hereinafter I2, us, our, we, or the Company). 2. You hereby agree that by downloading, completing and/or submitting to us the account documentation and forms posted on our website (hereinafter referred to as Account Opening Application Form and/or clicking in the appropriate space designed by us to show your approval and acceptance of this agreement, you are entering into a legally binding contract by and between you and us, and you fully agree to abide by and to be bound by all the Terms and Conditions set out in this Agreement. 3. You hereby agree that communications being made, to delivery of this Agreement and/or any agreements by and between us, or changes in these Terms and Conditions, via electronic media (including and without limitation to electronic messaging, website postings, e-mail, or other electronic means) to the extent permitted by Applicable Laws, Rules and/or Regulations. Communications made via electronic media to enter into contracts and delivery of notices, policies, to the extent permitted by Applicable Laws, Rules and/or Regulations, be treated as satisfying any legal requirement that a communication should be “signed” and “in writing”. Accordingly, any such documents that are delivered to you electronically are deemed to be “in writing”. 4. We shall evaluate the Application Form you submitted for the purpose of becoming our client and shall inform you by e-mail whether we accepted your application. We reserve our right to refuse your application at our sole discretion without being obliged to provide you with any explanation or justification. 5. In accordance with the foregoing, you hereby represent and warrant, without prejudice to any other representations, warranties and/or covenants made under this Agreement: a. that you are an individual who, or a Legal Entity that, can form legally binding contracts under the laws applicable in your country of residence, or, in case of a Legal Entity, in its country of formation, incorporation, and/or domiciliation; b. if you are an individual, that you are above the age of 18 or otherwise above the legal age in your country of residence; c. that all the information provided by you to us for the purposes of, or in the context of, opening an account with us and/or using our MAM service, is correct and current; d. that you have all necessary rights, power, and authority to enter into this Agreement and to perform the acts required of you hereunder. 6. We reserve the right to amend, alter, modify, delete or add any of the provisions of this Agreement at any time and at our sole discretion, without giving any advance or prior notice. 7. When this Agreement is modified (hereinafter referred to as Changes) it is your duty to to consult and/or check regularly this Agreement on our website regarding any such Changes. You should review these pages from time to time so as to ensure that you will be aware of any such Changes. 8. Your continued access and/or use of our services after the publication of any Changes shall be considered as your agreement to such modified Agreement and shall be governed by that Agreement. 9. To do business with the Broker, the Client agrees in accordance with the rules applicable hereto to give Power of Attorney to the Company (hereinafter also referred to as Attorney);
10. For the purpose to: a. open, operate and close the Client’s account (as appropriate) with the exclusion of cash withdrawals and third party payments; b. deal on the Client’s behalf with the Broker which the Attorney undertakes on such terms as the Attorney shall determine in its discretion, including (without limitation) entering into transactions using any electronic or online trading system provided by the Broker to the Attorney, or by giving oral or written instructions; c. make margin payments on the Client’s account; d. do anything else contemplated by the Client agreement which is reasonably necessary for the purposes of the Client’s dealing with the Broker pursuant to that agreement. 11. The Client authorises the Broker to accept all instructions for its account, whether orally or in writing, from the Attorney and its servants and agents. The Broker shall not be obliged to make any enquiry of the Client or of any other account, account holder or person before acting on such instructions. 12. The Client accepts full responsibility and liability for all such instructions (and for all transactions that may be entered into as a result) and will indemnify the Attorney and the Broker and keep them indemnified against any loss, damage or expense incurred by them as a result of its acting on such instructions. This indemnity shall be effective: a. whatever the circumstances giving rise to such loss, damage or expense; b. whatever the knowledge, acts or omissions of the Broker in relation to any other account held by any other person or body (including the Attorney named above) with the Broker. 13. The Client further agrees that this indemnity shall extend to loss, damage or expense incurred by the Broker in reversing incorrect or erroneous instructions submitted by the Attorney that result in a transaction that must, for the protection of the Broker or its other Clients or for reasons of market integrity, be reversed. 14. The Client acknowledges and accepts the inherent risk that online or electronic communications may not reach their intended destination or may do so much later than intended for reasons outside your control. The Client accepts that it bears the risk of the Attorney’s instructions being lost for any reason whatsoever (including, without limitation, malfunctions in any electronic or online trading system). 15. The Client acknowledges and accepts that, in providing an electronic or online trading system to the Attorney, the Broker has the right but not the obligation to set limits, controls, parameters and/or other controls on the Attorney’s ability to use such a system. The Client accepts that if the Broker chooses not to place any such limits or controls on the Attorney’s trading, or if such limits or controls fail for any reason, the Broker will not exercise oversight or control over such instructions given by the Attorney and the Client accepts full responsibility and liability for the Attorney’s actions in such circumstances. 16. The Client undertakes to ratify whatever the Attorney does under the authority or purported authority of this power. The Client agrees to indemnify the Attorney against all expenses, losses and liabilities incurred by it when acting in pursuance of this power. 17. This authorisation may only be amended or revoked by the Client in writing. Unless notified otherwise in writing by the Broker, any such variation or revocation shall not be effective until two working days after it is received by the Broker. The Client acknowledges that it will remain liable for all instructions given to the Broker prior to the revocation/variation being effective, and that it will be responsible for any losses which may arise on any transactions which are open at such time. The Client will indemnify and keep the Attorney and the Broker indemnified in respect of any such losses. 18. Each Client who is an individual consents to and authorises the Broker to disclose to the Attorney such personal information concerning the Client as is reasonably necessary for any of the purposes specified in Clause 10 or any purpose incidental thereto. 19. Depending on deposit size, the Company sets the right to acquire performance fee of 10% to 15% on monthly basis. Allowed withdrawals by the Client per trading period is one. 20. This Agreement represents the entire agreement between you and us concerning the access and use of our MAM services and it cancels and supersedes all previous agreements by and between you and us with the respect to the subject matter hereof.
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(Signed and Digitally Accepted via Account Application Opening Form)