INSTRUCTIONS & ORDERS Clause Samples
The "INSTRUCTIONS & ORDERS" clause defines the authority and process by which one party may issue directions or requirements to the other party during the course of their contractual relationship. Typically, this clause outlines how instructions must be communicated—such as in writing or through designated representatives—and may specify the scope of permissible orders, including limitations or procedures for handling changes. Its core function is to ensure that both parties have a clear, agreed-upon method for giving and receiving instructions, thereby reducing misunderstandings and facilitating smooth project execution.
INSTRUCTIONS & ORDERS. 7.1 In processing an Order, you acknowledge and agree that all dealings between you and us are subject and bound by:
a. the Corporations Act 2001 (Cth) including the ASIC Market Integrity Rules;
b. the rules, regulations, customs and usage of the relevant exchange as prescribed by ASX, NSX and SIM VSE or other exchanges, including but not limited to, the ASX Operating Rules, the NSX Business Rules and the SIM VSE Business Rules;
c. the rules and procedures for the clearing facility operated by the ASX Clear;
d. the rules and procedures for the settlement facility operated by the ASX Settlement; and
e. our Best Execution Policy as published on our website. We may from time to time amend our Best Execution Policy and we will notify you of the changes by making such amendments available to you on our website. All such rules as outlined in this clause (7.1) are referred to in this document as the “Rules”.
7.2 You can place, amend or cancel Orders for buying and selling financial products subject to these Terms through one of our Electronic Trading Facilities or over the telephone with our Client DTR Service.
7.3 Your Order will be executed at the prices available on a Relevant Market (subject to any acceptable limit imposed).
7.4 You will give us each Order with the intention that it will be transmitted to the market for execution. It is your obligation to ensure that the details of each order instruction are accurate at the time you placed the order.
7.5 We will be deemed to have received your Order only at the time we have actual notice of the communication.
7.6 If placing an Order through our Client DTR Service, we will use our reasonable endeavors to execute your instructions but we do not guarantee that your instructions will be wholly or partially executed or will be executed by a certain time.
7.7 We will not accept an Order for the sale or purchase of financial products where we believe there would be no change in beneficial ownership resulting from the transaction.
7.8 You will not transfer financial products out of your Trading Account before settlement in a way that would have an effect of you being unable to meet your settlement obligations.
7.9 You must ensure that you have sufficient funds in your linked Cash Account to meet your trading and settlement obligations before you place a buy Order. You will not transfer funds out of your Cash Account before settlement in a way that would have an effect of you being unable to meet your settlement oblig...
INSTRUCTIONS & ORDERS. 12.1 The Company will only accept instructions transmitted via a durable medium approved by us, including our Software and your registered e-mail address (as indicated in our records). Under certain circumstances, provided that we are satisfied of your identity and of the clarity of the instructions received, we can accept instructions via telephone or in person; note that each Client is responsible to ensure that any instruction provided has been completely understood by the operator. Orders via telephone will be accepted only if they are received in our official language (information can be found bellow or from the ‘Order Execution Policy’). It should be noted that the Company reserves the right to reject such verbal orders when the operator of the Dealing Department is not satisfied with the Client’s identify or clarity of the orders, request additional information, verify such orders via any means or take any other action Company deems necessary under the circumstances. Contact details of all departments (including the Dealing Department) can be found on our Website; note, that at times of excessive transaction flow there might be a delay in connecting over the telephone with an operator, especially when there are important market announcements.
12.2 The Client may choose to communicate with us for support and any instructions, other than orders, in any of the languages available on our Website during business hours. Communication after business hours that requires immediate action on our behalf will only be accepted in our official language.
12.3 Where information has not been transmitted to us via approved means, or where you have misinterpreted any instruction and/or information, it is your responsibility to make the necessary amendments and we will bear no responsibility for any loss, be it financial or of opportunity in connection to said instruction.
12.4 We bear no responsibility for any loss that arises as a result of delayed or unreceived communication sent by the Company to the Client.
12.5 The Client understands that time is important when trading on Leveraged Products, therefore you are responsible for ensuring that any communication in relation to your dealings with the Company is sent to us on time.
12.6 The Company will execute an instruction received from the Client, without any further enquiry. However, the Client consents that the Company reserves the right to accept, either in part or in full, or reject, any instructions from the Cli...