Common use of TRADING TERMS Clause in Contracts

TRADING TERMS. 4.1 It is agreed between the Two Parties that the Company, once the Client opens an account with it, will receive buy and sell orders from the Client in order to trade in securities and assets in general in foreign stock exchanges through the External Broker that the Company deals with, taking into account what is stated in clause 4.4 below. 4.2 It is agreed that the Company deals with more than one client, and that purchase and sale orders in foreign stock exchanges made by the Company to External Brokers may belong to more than one client at the same time, accordingly, the company may mix the Assets of the Client and other clients of the Company with any External Broker, clearing system or any trustworthy custodian approved by the Company in that country in which the assets are kept, so that the assets are registered with the Company and/or with the External Broker/s which the Company deals with, provided that the assets of each of the Company’s clients, including the Client, are segregated for his benefit in the company’s books and records only. For this purpose, the Company’s books and records in relation to sales and purchase orders, prices and commissions shall be exclusively approved to determine the Client’s rights and obligations arising from purchase and sale orders. The Client also shall declare his knowledge and consent in the event that the Client is a seller or buyer and there is another client with the Company, who meets the Client’s order, then the Company has the right to complete the sale and/or purchase process at the price and quantity specified by clients, including the Client. Further, commissions shall be calculated as agreed upon as if they were executed through the foreign broker and without objection to that by the Client, and this shall be registered in the Company’s books and records. 4.3 The Company has the right, upon its sole and absolute discretion, and without assuming any liability, to refuse to carry out the Client’s instructions and/or orders if Company believes that the implementation of those transactions, orders and/or instructions constitutes or may constitute a legal or behavioral violation or threaten its interests or entail any liabilities or losses to the Company. 4.4 The Client acknowledges that the Company has the absolute right to choose the positions to be liquidated for the purpose of paying any debit balance owed by the Client to the Company or to others. 4.5 The Company is not considered to have received instructions or orders from the Client unless the Company actually receives such orders through the electronic trading platform and/or the Website or by telephone through the phone numbers provided on the Website. 4.6 The Client acknowledges that the Company does not guarantee excuting the Client’s request to cancel or amend an executed order. In case if the order is still not executed at the time of receiving the Client’s request, then the Company does guarantee the execution of the cancellation or amendment request unless if the Company has had sufficient time to direct the order to the relevant trading market and unless the trading market receives it and matches the request with the Client’s order before carrying it out. 4.7 The Client acknowledges that attempts to modify, cancel or replace an order may lead to carrying out duplicate orders, and the Client shall be solely responsible for such operations. 4.8 The Client acknowledges and agrees that there are risks associated with the occurrence of malfunctions in the online trading platform or a component hereof and in case of malfunction of the platform or any component thereof, the Client may not be able for a certain period to carry out new or existing orders or to modify or cancel orders already carried out. The malfunction of the platform or any component thereof may result in the loss of orders or the priority of carrying them out; in any way, the Company shall not be responsible for any malfunction in its online trading platform or any malfunctions in the system or its components. 4.9 It is agreed between the Two Parties that if there are any private and/or public subscriptions and/or an increase in capital or cash dividends or free shares (grant) or the like, the Client alone must follow up on these matters and explicitly notify the Company his desire to benefit from them so that the Company can take the necessary action in their interest; the Client hereby authorizes the Company to charge the amounts necessary to meet their order and instructions, and all expenses, costs, commissions, interest, taxes, service fee and others to his account with Company, and to credit any cash or free shares (grant) to his account once received from its sources and duly collected and/or received, without any liability on the part of the Company. The Company is entitled to refuse to provide such service without the need to give reasons, and the Client shall pay all charges, expenses and fees of this service rendered by the Company. 4.10 Since the operations of trading assets in foreign stock exchanges are carried out in different currencies according to the requirements of each financial market, the Client hereby agrees, upon signing this agreement, to automatically open accounts with the Company in different currencies required to be traded in these markets, regardless of the currency deposited by them; the Client declares knowledge and consent that in the event of entering into operations that require exchanges in foreign currencies, then any profit or loss resulting from fluctuations in the exchange rate of those currencies shall be at the Client’s expense and they shall be liable alone for the risks without any responsibility against the Company. The Client hereby authorizes the Company to carry out the currency conversion from the Jordanian dinar or the US dollar or other currencies and vice versa in the manner and at the time the Company deems appropriate to complete the asset trading operations that take place in the Client’s interest. The Client shall pay any expenses or differences resulting from the conversion process without any objection from them. In this case, the Client hereby authorizes the Company to charge all such expenses and price differences to his account with Company. The Client also shall be liable for the risks of currency conversion and price fluctuations in all cases, including, but not limited to, realized and/or unrealized losses resulting from trading operations and/or sale to cover accounts in different currencies and maintaining their account. 4.11 The failure of the Company to fully or partially implement any of its rights and obligations under this Agreement shall not be considered a waiver or assignment thereto, and the Company has the right to exercise the same at any time it wants. The Company is also entitled, in addition to its rights set forth under this Agreement, to exercise any other rights and/or powers granted to it by the Laws and the financial, banking and commercial customs. 4.12 The Client hereby agrees that the Company records communications between itself and the Client, including telephone call(s), emails, or any other means that can be used for communication between the Company and the Client, including written notes or face-to- face conversations; the Client hereby agrees that such recording(s) shall remain the property of the Company and may be used as evidence of any legal obligation. 4.13 The Client further acknowledges that existing records of communications and/or conversation(s) and data traffic records, executing and documenting communications and/or conversation and carrying transactions out shall constitute evidence to prove and/or establish the existence of a transaction and/or other activity; it is understood that existing recordings of communication including communications and/or electronic conversation (records) and data traffic records may be used by the Company for legal purposes.