CLIENT FUNDS. 8.1 We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulations. In particular, funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer will specify from time to time and will be held in Demeterer's name, or on the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts. 8.2 By accepting this Agreement, you authorize Demeterer to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Customer to Demeterer or any other person. It is understood that any amount payable by Demeterer to you, shall be paid directly to you to a bank account the beneficial owner of which is you. Fund transfer requests are processed by Demeterer within the time period specified on Demeterer's official website and the time needed for crediting into your personal account will depend on your bank account provider. 8.3 You agree that any amounts sent by you in the Demeterer's bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account providers or any other intermediary involved in such transaction process. In order for Demeterer to accept any deposits by you, the identification of the sender must by verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer reserves the right to refund the net amount deposited via the method used by the depositor. 8.4 You, the client, acknowledge and confirm that no interest will be received on the balance of your Trading account. 8.5 You agree that we may cease to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim. 8.6 You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted. 8.7 The Company will not be liable for loss suffered by you in connection to your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraud.
Appears in 8 contracts
Sources: Terms and Conditions, Terms and Conditions, Terms and Conditions
CLIENT FUNDS. 8.1 We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulations21.1. In particular, funds Funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer will specify from time to time and will be held in Demeterer's the Company’s name, or on . It is understood that the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 By accepting this Agreement, you authorize Demeterer to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or Company may hold funds on behalf of you in a bank established outside the Customer European Union. The legal and regulatory regime applying to Demeterer any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other personanalogous events in relation to that bank, your funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
21.2. It is commonly understood that any amount payable by Demeterer the Company to you, shall be paid directly to your Credit/Debit Card or Bank Account according to the payment method you have used to a bank account the beneficial owner of which is youdeposit. Fund transfer requests are processed by Demeterer the Company within the time period specified on Demeterer's the Company’s official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 21.3. The Company retains a right of set off and may, at its discretion, from time to time and without your authorization, set-off any amounts held on behalf and/or to the credit of you against your obligation to the Company. Unless otherwise agreed in writing by the Company and you, this Agreement shall not give rise to rights of credit facilities.
21.4. You have the right to withdraw the funds which are not used for margin covering, free from any obligations from your Account without closing the said Account.
21.5. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation provided.
21.6. It is within your terms that any incurring bank fees will be paid by you in case of funds withdrawals from your trading account to your designated bank account. You are fully responsible for the payment details that you provided to the Company and the Company accepts no responsibility if you have provided false or inaccurate bank details.
21.7. You agree that any amounts sent by you in the Demeterer's Company’s bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account Bank Account providers or any other intermediary involved in such transaction process. In order for Demeterer the Company to accept any deposits by from you, the identification of the sender must by be verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer the Company reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 You21.8. The Company reserves the right to decline a withdrawal with specific payment method and to suggest another payment method where you need to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the clientCompany can request for additional documentation and if the request is not satisfied, acknowledge the Company can reverse the withdrawal request and confirm that no interest deposit the funds back to your Account.
21.9. When a withdrawal application is submitted, the Company will process the withdrawal within one working day. The withdrawal applications which have not been received during business working hours and/or on during business days will be received on processed the balance of next business day. When your Trading account.
8.5 You agree that we withdrawal application is approved, it may cease take time for the banks and/or payment processors to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 You agree that we process the payment, in these cases the Company shall not be held liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conductedsuch delays.
8.7 The 21.10. In the event that any amount received by a bank account is reversed by the bank account provider at any time and for any reason, the Company will not be liable for loss suffered by you immediately reverse the affected deposit from your Account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in connection a negative balance in all or any of your Account(s).
21.11. You agree to waive any of your rights to receive any interest earned in the funds held in the bank account where your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraudare kept.
Appears in 4 contracts
Sources: Terms and Conditions, Terms & Conditions, Terms & Conditions
CLIENT FUNDS. 8.1 Client funds We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulationsrelevant regulations. In particular, funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer Blue Sun Capital Ltd will specify from time to time and will be held in Demeterer's Blue Sun Capital Ltd s name, or on the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 . By accepting this Agreement, you authorize Demeterer Blue Sun Capital Ltd to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Customer to Demeterer Blue Sun Capital Ltd or any other person. It is understood that any amount payable by Demeterer Blue Sun Capital Ltd to you, shall be paid directly to you to a bank account the beneficial owner of which is you. Fund transfer requests are processed by Demeterer Blue Sun Capital Ltd within the time period specified on Demeterer's Blue Sun Capital Ltd’s official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 . You agree that any amounts sent by you in the Demeterer's Blue Sun Capital Ltd’s bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account providers or any other intermediary involved in such transaction process. In order for Demeterer Blue Sun Capital Ltd to accept any deposits by you, the identification of the sender must by verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer Blue Sun Capital Ltd reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 . Interest You, the client, acknowledge and confirm that no interest will be received on the balance of your Trading account.
8.5 . Overseas banks, intermediate broker, settlement agent or OTC counterparty We will endeavor to hold client funds on your behalf within the European Union, however we may also hold your funds in a bank established outside the European Union. The legal and regulatory regime applying to any such bank or person might be different from the legal and regulatory regime in the European Union and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, your funds may be treated differently from the treatment which would apply if the funds was held with a bank in an account in the European Union. We will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. Unclaimed client funds You agree that we may cease to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 . Liability and Indemnity You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted.
8.7 The Company . Blue Sun Capital Ltd will not be liable for loss suffered by you in connection to your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraud. Set-off on default If there is an Event of Default or this Agreement terminates, we shall set-off the balance of amounts owed by us to you against your obligations (as reasonably valued by us). The net amount, if any, payable between us following such set-off, shall take into account the Liquidation Amount payable under Clause 16 (Netting). Further assurance You agree to execute such further documents and to take such further steps as we may reasonably require to perfect our security interest over and obtain legal title to the Secured Obligations. Negative pledge You undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the cash transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held. General lien In addition and without prejudice to any rights to which we may be entitled under this Agreement or any Applicable Regulations, we shall have a general lien on all cash held by us or our Associates or our nominees on your behalf until the satisfaction of the Secured Obligations.
Appears in 2 contracts
CLIENT FUNDS. 8.1 We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulations19.1. In particular, funds Funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer will specify from time to time and will be held in Demeterer's the Company’s name, or on . It is understood that the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 By accepting this Agreement, you authorize Demeterer to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or Company may hold funds on behalf of you in a bank established outside Seychelles. The legal and regulatory regime applying to any such bank might be different from the Customer to Demeterer legal and regulatory regime in Seychelles and in the event of the insolvency or any other personanalogous events in relation to that bank, your funds may be treated differently according to the applicable laws of the particular jurisdiction. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
19.2. It is commonly understood that any amount payable by Demeterer the Company to you, shall be paid directly to your Credit/Debit Card or Bank Account according to the payment method you have used to a bank account the beneficial owner of which is youdeposit. Fund transfer requests are processed by Demeterer the Company within the time period specified on Demeterer's the Company’s official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 19.3. The Company retains a right of set off and may, at its discretion, from time to time and without your authorization, set-off any amounts held on behalf and/or to the credit of you against your obligation to the Company. Unless otherwise agreed in writing by the Company and you, this Agreement shall not give rise to rights of credit facilities.
19.4. You have the right to withdraw the funds which are not used for margin covering, free from any obligations from your Account without closing the said Account.
19.5. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation provided. It is within your terms that any incurring bank fees will be paid by you in case of funds withdrawals from your trading account to your designated bank account. You are fully responsible for the payment details that you provided to the Company and the Company accepts no responsibility if you have provided false or inaccurate bank details.
19.6. You agree that any amounts sent by you in the Demeterer's Company’s bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account Bank Account providers or any other intermediary involved in such transaction process. In order order, for Demeterer the Company to accept any deposits by from you, the identification of the sender must by be verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer the Company reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 You19.7. The Company reserves the right to decline a withdrawal with specific payment method and to suggest another payment method where you need to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the clientCompany can request for additional documentation and if the request is not satisfied, acknowledge the Company can reverse the withdrawal request and confirm that no interest deposit the funds back to your Account.
19.8. When a withdrawal application is submitted, the Company will process the withdrawal as soon as practicable possible. The withdrawal applications which have not been received during business working hours and/or on during business days will be received on processed the balance of next business day. When your Trading account.
8.5 You agree that we withdrawal application is approved, it may cease take time for the banks and/or payment processors to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 You agree that we process the payment, in these cases the Company shall not be held liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conductedsuch delays.
8.7 The 19.9. In the event that any amount received by a bank account is reversed by the bank account provider at any time and for any reason, the Company will not be liable for loss suffered by you immediately reverse the affected deposit from your Account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in connection a negative balance in all or any of your Account(s).
19.10. You agree to waive any of your rights to receive any interest earned in the funds held in the bank account where your funds held by usare kept.
19.11. When you withdraw funds from your Trading Account, unless such loss directly arises a minimum withdrawamount shall be required. The exact minimum will be based on the currency denomination of the Client Account and shall be published on the Company’s website. It shall be clear for the removal of doubt that the minimum withdrawal fee may be amended from our gross negligencetime to time, willful default or fraudat the Company’s sole discretion. You should review the Company’s website from time to time to check for any amendments.
Appears in 1 contract
Sources: Terms and Conditions
CLIENT FUNDS. 8.1 We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulations22.1. In particular, funds Funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer will specify from time to time and will be held in Demeterer's the Company’s name, or on . It is understood that the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 By accepting this Agreement, you authorize Demeterer to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or Company may hold funds on behalf of you in a bank established outside the Customer European Union. The legal and regulatory regime applying to Demeterer any such bank might be different from the legal and regulatory regime in Cyprus and the European Union and in the event of the insolvency or any other personanalogous events in relation to that bank, your funds may be treated differently from the treatment which would apply if the funds were held with a bank in an account in Cyprus and the European Union. The Company will not be liable for the insolvency, acts or omissions of any third party referred to in this clause.
22.2. It is commonly understood that any amount payable by Demeterer the Company to you, shall be paid directly to your Credit/Debit Card or Bank Account according to the payment method you have used to a bank account the beneficial owner of which is youdeposit. Fund transfer requests are processed by Demeterer the Company within the time period specified on Demeterer's the Company’s official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 22.3. The Company retains a right of set off and may, at its discretion, from time to time and without your authorization, set-off any amounts held on behalf and/or to the credit of you against your obligation to the Company. Unless otherwise agreed in writing by the Company and you, this Agreement shall not give rise to rights of credit facilities.
22.4. You have the right to withdraw the funds which are not used for margin covering, free from any obligations from your Account without closing the said Account.
22.5. The Company reserves the right to decline a withdrawal request if the request is not in accordance with certain conditions mentioned in this Agreement or delay the processing of the request if not satisfied on full documentation provided.
22.6. It is within your terms that any incurring bank fees will be paid by you in case of funds withdrawals from your trading account to your designated bank account. You are fully responsible for the payment details that you provided to the Company and the Company accepts no responsibility if you have provided false or inaccurate bank details.
22.7. You agree that any amounts sent by you in the Demeterer's Company’s bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account Bank Account providers or any other intermediary involved in such transaction process. In order for Demeterer the Company to accept any deposits by from you, the identification of the sender must by be verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer the Company reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 You22.8. The Company reserves the right to decline a withdrawal with specific payment method and to suggest another payment method where you need to complete a new withdrawal request. In the event that the Company is not fully satisfied with the documentation provided in relation to a withdrawal request, the clientCompany can request for additional documentation and if the request is not satisfied, acknowledge the Company can reverse the withdrawal request and confirm that no interest deposit the funds back to your Account.
22.9. When a withdrawal application is submitted, the Company will process the withdrawal within one working day. The withdrawal applications which have not been received during business working hours and/or on during business days will be received on processed the balance of next business day. When your Trading account.
8.5 You agree that we withdrawal application is approved, it may cease take time for the banks and/or payment processors to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 You agree that we process the payment, in these cases the Company shall not be held liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conductedsuch delays.
8.7 The 22.10. In the event that any amount received by a bank account is reversed by the bank account provider at any time and for any reason, the Company will not be liable for loss suffered by you immediately reverse the affected deposit from your Account and further reserves the right to reverse any other type of transactions effected after the date of the affected deposit. It is understood that these actions may result in connection a negative balance in all or any of your Account(s).
22.11. You agree to waive any of your rights to receive any interest earned in the funds held in the bank account where your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraudare kept.
Appears in 1 contract
Sources: Terms and Conditions
CLIENT FUNDS. 8.1 Client funds We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulationsrelevant regulations. In particular, funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer Nasr Trade LTD will specify from time to time and will be held in Demeterer's Nasr Trade LTD s name, or on the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 . By accepting this Agreement, you authorize Demeterer Nasr Trade LTD to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Customer to Demeterer Nasr Trade LTD or any other person. It is understood that any amount payable by Demeterer Nasr Trade LTD to you, shall be paid directly to you to a bank account the beneficial owner of which is you. Fund transfer requests are processed by Demeterer Nasr Trade LTD within the time period specified on Demeterer's Nasr Trade LTD’s official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 . You agree that any amounts sent by you in the Demeterer's Nasr Trade LTD’s bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account providers or any other intermediary involved in such transaction process. In order for Demeterer Nasr Trade LTD to accept any deposits by you, the identification of the sender must by verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer Nasr Trade LTD reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 . Interest You, the client, acknowledge and confirm that no interest will be received on the balance of your Trading account.
8.5 . Overseas banks, intermediate broker, settlement agent or OTC counterparty We will endeavor to hold client funds on your behalf within the European Union, however we may also hold your funds in a bank established outside the European Union. The legal and regulatory regime applying to any such bank or person might be different from the legal and regulatory regime in the European Union and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, your funds may be treated differently from the treatment which would apply if the funds was held with a bank in an account in the European Union. We will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. Unclaimed client funds You agree that we may cease to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 . Liability and Indemnity You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted.
8.7 The Company . Nasr Trade LTD will not be liable for loss suffered by you in connection to your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraud. Set-off on default If there is an Event of Default or this Agreement terminates, we shall set-off the balance of amounts owed by us to you against your obligations (as reasonably valued by us). The net amount, if any, payable between us following such set-off, shall take into account the Liquidation Amount payable under Clause 16 (Netting). Further assurance You agree to execute such further documents and to take such further steps as we may reasonably require to perfect our security interest over and obtain legal title to the Secured Obligations. Negative pledge You undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the cash transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held. General lien In addition and without prejudice to any rights to which we may be entitled under this Agreement or any Applicable Regulations, we shall have a general lien on all cash held by us or our Associates or our nominees on your behalf until the satisfaction of the Secured Obligations.
Appears in 1 contract
Sources: Retail Client Agreement
CLIENT FUNDS. 8.1 Client funds We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulationsrelevant regulations. In particular, funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer Namir Trade LTD will specify from time to time and will be held in Demeterer's Namir Trade LTD s name, or on the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 . By accepting this Agreement, you authorize Demeterer Namir Trade LTD to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Customer to Demeterer Namir Trade LTD or any other person. It is understood that any amount payable by Demeterer Namir Trade LTD to you, shall be paid directly to you to a bank account the beneficial owner of which is you. Fund transfer requests are processed by Demeterer Namir Trade LTD within the time period specified on Demeterer's Namir Trade LTD’s official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 . You agree that any amounts sent by you in the Demeterer's Namir Trade LTD’s bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account providers or any other intermediary involved in such transaction process. In order for Demeterer Namir Trade LTD to accept any deposits by you, the identification of the sender must by verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer Namir Trade LTD reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 . Interest You, the client, acknowledge and confirm that no interest will be received on the balance of your Trading account.
8.5 . Overseas banks, intermediate broker, settlement agent or OTC counterparty We will endeavor to hold client funds on your behalf within the European Union, however we may also hold your funds in a bank established outside the European Union. The legal and regulatory regime applying to any such bank or person might be different from the legal and regulatory regime in the European Union and in the event of the insolvency or any other analogous proceedings in relation to that bank or person, your funds may be treated differently from the treatment which would apply if the funds was held with a bank in an account in the European Union. We will not be liable for the insolvency, acts or omissions of any third party referred to in this clause. Unclaimed client funds You agree that we may cease to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 . Liability and Indemnity You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted.
8.7 The Company . Namir Trade LTD will not be liable for loss suffered by you in connection to your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraud. Set-off on default If there is an Event of Default or this Agreement terminates, we shall set-off the balance of amounts owed by us to you against your obligations (as reasonably valued by us). The net amount, if any, payable between us following such set-off, shall take into account the Liquidation Amount payable under Clause 16 (Netting). Further assurance You agree to execute such further documents and to take such further steps as we may reasonably require to perfect our security interest over and obtain legal title to the Secured Obligations. Negative pledge You undertake neither to create nor to have outstanding any security interest whatsoever over, nor to agree to assign or transfer, any of the cash transferred to us, except a lien routinely imposed on all securities in a clearing system in which such securities may be held. General lien In addition and without prejudice to any rights to which we may be entitled under this Agreement or any Applicable Regulations, we shall have a general lien on all cash held by us or our Associates or our nominees on your behalf until the satisfaction of the Secured Obligations.
Appears in 1 contract
Sources: Retail Client Agreement
CLIENT FUNDS. 8.1 9.1 We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulations. In particular, funds belonging to you that will be used for trading purposes will be kept in an account with any bank or financial institution or in any other manner used to accept funds which Demeterer will specify from time to time and will be held in Demeterer's name, or on the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 9.2 By accepting this Agreement, you authorize Demeterer to make any necessary reconciliation transfers in order for the bank account balance to match the trading account balance, including, without prejudice to the generality of the above, withdrawals for the settlement of all transactions undertaken under the Agreement and all amounts which are payable by or on behalf of the Customer to Demeterer or any other person. It is understood that any amount payable by Demeterer to you, shall be paid directly to you to a bank account the beneficial owner of which is you. Fund transfer requests are processed by Demeterer within the time period specified on Demeterer's official website and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 9.3 You agree that any amounts sent by you in the Demeterer's bank accounts, will be deposited to your trading account at the value date of the payment received and net of any charges/fees charged by the bank account providers or any other intermediary involved in such transaction process. In order for Demeterer to accept any deposits by you, the identification of the sender must by be verified and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer reserves the right to refund the net amount deposited via the method used by the depositor.
8.4 9.4 You, the client, acknowledge and confirm that no interest will be received on the balance of your Trading account.
8.5 9.5 You agree that we may cease to treat your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claim.
8.6 9.6 You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted.
8.7 9.7 The Company will not be liable for loss suffered by you in connection to your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraud.
Appears in 1 contract
Sources: Terms and Conditions
CLIENT FUNDS. 8.1 We treat funds received from you or held by us on your behalf in accordance with the requirements of the Applicable Regulations. In particular, funds Funds belonging to you that will be used for trading purposes will be kept in an account a segregated bank ac- count, or accounts with any bank or financial institution or in any other manner institution, used to accept funds which Demeterer the Company will specify from time to time and will be held in Demeterer's name, or on the name of payment institution which servers for ▇▇▇▇▇▇▇▇▇’s client’s custody deposit accounts.
8.2 time. By accepting this the Agreement, you authorize Demeterer the Company to make any necessary reconciliation transfers in order for deposits and withdrawals from the bank account balance to match the trading account balanceBank Account on your behalf, including, without prejudice to the generality of the above, withdrawals with- drawals for the settlement of all transactions undertaken under the Agreement Agreement, and all amounts amounts, which are payable by by, or on behalf of the Customer Client to Demeterer the Company, or any other person. It is commonly understood that any amount amount, payable by Demeterer the Company to you, shall be paid directly to you to a bank account account, the beneficial owner of which is you. Fund transfer requests are processed by Demeterer the Company within the time period specified on Demeterer's the Company’s official website website, and the time needed for crediting into your personal account will depend on your bank account provider.
8.3 . The Company retains a right of set-off and may, at its discretion, from time to time, and without your authorization, set-off any amounts held on behalf and/or to the credit of you, against your obligation to the Company. Unless otherwise agreed, in writing by the Company and you, this Agreement shall not give rise to rights of credit facilities. You have the right to withdraw the funds which are not used for margin covering, free from any ob- ligations from your Account, without closing the said Account. The Company reserves the right to decline a withdrawal request, if the request is not in accordance with certain conditions, mentioned in this Agreement, or delay the processing of the request, if not satisfied on full documentation pro- vided. It is within your terms that any incurring bank fees will be paid by you, in case of funds withdrawals from your trading account to your designated bank account. You are fully responsible for the pay- ment details that you provided to the Company and the Company accepts no responsibility if you have provided false or inaccurate bank details. You agree that any amounts sent by you in the Demeterer's Company’s bank accounts, will be deposited to your trading account account, at the value date of the payment received received, and net of any charges/fees charged by the bank account providers Bank Account providers, or any other intermediary involved in such transaction process. In order for Demeterer For the Company to accept any deposits by you, the identification of the sender must by verified verified, and ensure that the person depositing the funds is you. If these conditions are not met, Demeterer the Company reserves the right to refund the net amount amount, deposited via the method used by the depositor.
8.4 You. The Company reserves the right to decline a withdrawal, with specific payment method and to sug- gest another payment method, where you need to complete a new withdrawal request. If the Com- pany is not fully satisfied with the documentation, provided in relation to a withdrawal request, the clientCompany can request for additional documentation, acknowledge and confirm if the request is not satisfied, the Company can reverse the withdrawal request and deposit the funds back to your trading account. When a withdrawal request is submitted, the Company may take up to three to seven (3 – 7) business days to process the request and for the funds to reflect into your bank account. When your application is approved, kindly provide for three (3) additional days, for your funds to re- flect in your account. If any amount received in the Bank Accounts is reversed by the Bank Account provider, at any time and for any reason, the Company will immediately reverse the affected deposit from your trading ac- count, and further reserves the right to reverse any other type of transactions, effected after the date of the affected deposit. It is understood that no interest will be received on the these actions may result in a negative balance in all, or any, of your Trading account.
8.5 You trading account(s).You agree that we may cease to treat waive any of your rights to receive any interest, earned in the funds held in the Bank Account, where your funds as client funds if there has been no movement on your balance for six years. We shall write to you at your last known address informing you of our intention of no longer treating your balance as client funds and giving you 28 days to make a claimare kept.
8.6 You agree that we shall not be liable for any default of any counterparty, bank, custodian or other entity which holds funds on your behalf or with or through whom transactions are conducted.
8.7 The Company will not be liable for loss suffered by you in connection to your funds held by us, unless such loss directly arises from our gross negligence, willful default or fraud.
Appears in 1 contract
Sources: Client Agreement