Common use of Dealing and Processing of Orders and other Instructions Clause in Contracts

Dealing and Processing of Orders and other Instructions. 2.5.1 Orders and instructions. Orders and other instructions can only be placed by you or your Representative on your behalf via the phone and/or the Representative’s Website, access to which is explained at clause 2.2.1 (Access to your Service), or via any other form of communication as agreed with your Representative. Subject to these Terms and in accordance with Applicable Law, we shall not be responsible for the execution of any Order unless and until you or your Representative has received a specific confirmation of acceptance of the Order from us. In respect of Orders received to deal on your behalf and all other instructions (which shall include any instructions received from your Representative to debit your bank account(s) with funds for payment into your Investment Account(s)), we will be acting in reliance upon your or your Representative’s Orders and instructions. You accept and agree that: (a) you and/or your Representative should not place an Order to Trade unless we have received sufficient funds to cover the total amount required for all relevant transaction(s), including all associated fees, expenses and charges, and it is your and/or your Representative’s responsibility (as the case may be) to check that this is the case as follows: for your SIPP investments by trade date plus one Business Day; and for all other investments before placing an Order; (b) we may rely on all Orders and other instructions or communications received via the Representative’s Website or by phone that are given by you or your Representative or anyone else using your log on details, or other instructions which we reasonably consider to be authorised by you or your Representative; and (c) you are responsible for any incompleteness, inaccuracies or ambiguities in your and/or your Representative’s Orders or instructions or in any other information provided by you or your Representative, to us. If we are aware of an ambiguity or inaccuracy, we will contact your Representative in the first instance for clarification and in the case of Orders we will not be required to execute any Order until it is resolved. However, you agree that we shall have no liability to you or any other person whatsoever (including but not limited to your Representative) as a result of us placing reliance on your and/or your Representative’s or another account holder’s Orders and instructions, including without limitation if they later prove to be inaccurate, ambiguous, inconsistent or fraudulent and/or not from you or someone authorised to issue instructions and Orders on your behalf or in respect of the relevant Investment Account(s). We do not accept responsibility for any actual or potential financial loss (including, for the avoidance of doubt, loss caused by market movements) that may arise if you or your Representative are unable to contact us to place an Order through any of our current trading or communication methods.

Appears in 2 contracts

Sources: Customer Agreement, Customer Agreement

Dealing and Processing of Orders and other Instructions. 2.5.1 Orders and instructions. Orders and other instructions can will only be placed by you or your Representative on your behalf via the phone and/or the Representative’s Website, access to which is explained at clause 2.2.1 2.2.2 (Access to your Service), or via any other form of communication as agreed with your Representative. Subject to these Terms and in accordance with Applicable Law, we shall not be responsible for the execution of any Order unless and until you or your Representative has received a specific confirmation of acceptance of the Order thereof from us, and in providing the Services we will act in accordance with our Execution Policy if and to the extent applicable, the FCA Rules and Applicable Law. In respect of Orders received to deal on your behalf and all other instructions (which shall include any instructions received from your Representative to debit your bank account(s) with funds for payment into your Investment Account(s)), we will be acting in reliance upon your or your Representative’s Orders and instructions. You accept and agree that: (a) you and/or your Representative should not place an Order to Trade unless we have received you hold sufficient funds to cover the total amount required for consideration of all relevant transaction(s), including all associated fees, expenses and charges, and it is your and/or your Representative’s responsibility (as the case may be) to check that this is the case as follows: for your SIPP investments by trade date plus one Business Day; and for all other investments before placing an Order; (b) we may rely on all Orders and other instructions or communications received via the Representative’s Website or by phone that are given by you or your Representative or anyone else using your log on details, or other instructions which we reasonably consider to be authorised by you or your Representative; and; (c) you are responsible for any incompleteness, inaccuracies or ambiguities in your and/or your Representative’s Orders or instructions or in any other information provided by you or your Representative, to us. If we are aware of an ambiguity or inaccuracy, we will contact your Representative in the first instance for clarification and in the case of Orders we will not be required to execute any Order until it is resolved. However, you agree that we shall have no liability to you or any other person whatsoever (including but not limited to your Representative) as a result of us placing reliance on your and/or your Representative’s or another account holder’s Orders and instructions, including without limitation if they later prove to be inaccurate, ambiguous, inconsistent or fraudulent and/or not from you or someone authorised to issue instructions and Orders on your behalf or in respect of the relevant Investment Account(s). We do not accept responsibility for any actual or potential financial loss (including, for the avoidance of doubt, loss caused by market movements) that may arise if you or your Representative are unable to contact us to place an Order through any of our current trading or communication methods.

Appears in 1 contract

Sources: Customer Agreement