Common use of OPERATIONAL RISKS Clause in Contracts

OPERATIONAL RISKS. 13.1. Operational risks with AvaTrade on your computer are inherent in every OTC transaction. For example, disruptions in AvaTrades's operational processes such as communications, computers, computer or mobile networks or external events may lead to delays in the execution and settlement of a transaction. AvaTrade does not accept or bear any liability whatsoever in relation to the operational processes of AvaTrade, except to the extent that it is caused by the fraud, negligence or dishonesty by AvaTrade. 13.2. In connection with the use of computer equipment and data, the Customer bears the following risks amongst other risks, in which cases AvaTrade has no liability of any resulting loss: 13.2.1. Power cut of the equipment on the side of the Customer or the provider, or communication operator (including voice communication) that serves the Customer; 13.2.2. Physical damage (or destruction) of the communication channels used to link the Customer and provider (communication operator), provider, and the trading or information server of the Customer; 13.2.3. Outage (unacceptably low quality) of communication via the channels used by the Customer, or AvaTrade or the channels used by the provider, or communication operator (including voice communication) that are used by the Customer or AvaTrade; 13.2.4. Wrong or inconsistent with requirements settings of the Customer Terminal; 13.2.5. Untimely update of the Customer Terminal; 13.2.6. The use of communication channels, hardware and software, generate the risk of non-reception of a message (including text messages) by the Customer from AvaTrade; 13.2.7. Upon confirmation of an order placed over the telephone, Customer has bought or sold and cannot cancel the Market Order. By placing a Market Order over the telephone, Customer acknowledges and agrees to such immediate execution and accepts the risk of this immediate execution feature. 13.2.8. Malfunction or non-operability of the Platform, which also includes the Customer Terminal. 13.3. The Customer may suffer financial losses caused by the materialization of the above risks, AvaTrade accepting no responsibility or liability in the case of such a risk materializing and the Customer shall be responsible for all related losses he may suffer.