CLIENT AGREEMENT
This Client agreement is entered by and between the operator of the Beta-Tech site (the “Company”) and the person or legal entity that has applied to open a trading account on the Company’s trading platform (the “Client”), according to the terms and conditions detailed herein.
- INTRODUCTION
1.1 This agreement, as well as any legally binding document entered into between the Company and the Client, all are amended from time to time (together: the “Agreement”), sets out the terms upon which the Company will deal with the Client in respect to placing orders and trading over financial instruments, on the Company’s trading platform.
1.2 Opening an account and usage of the Trading Platform provided by the Company is by limited license given by the Company to the Client. The license is personal, non-transferable and is for persons who are older than 18 years old (or older legal age, if the law applicable to the Client’s jurisdiction requires a greater legal age) and subject to this Agreement. If the Client transfers, assigns, or enables another person or legal entity to make any use of the license, and/or give the Client’s Trading Account access codes to anyone. Any damage caused to the Client, the Company and any third party, shall be the Client’s sole responsibility.
- OPENING OF THE TRADING ACCOUNT
2.1 The Company will open an account for the Client (the “Trading Account”) as soon as reasonably feasible after:
(i) A financial Deposit is made into your account;
(ii) The Client confirms that Client’s information is full, accurate and complete. If there is a change in the information provided by the Client (at any time), the Client must agree and undertake to: notify us of any changes to your personal and financial information and/or in your financial condition by emailing [email protected]. Provide true, accurate, current and complete Registration Data as prompted by the registration process; maintain and promptly update the Registration Data to keep it accurate, current and complete by emailing any changes to [email protected] and furthermore. Ensure that you log out from your Trading Account at the end of each session on the Website. We may carry out credit and other checks from time to time as we deem appropriate. Your Registration Data or other information may be used in the prevention of money laundering as well as for the management of your account. You authorise us to use your Registration Data and other information to perform the above checks in relation to your application process. In the event we become aware of any illegal activity, impropriety in the Registration Data or failure of any due diligence requirement, we may freeze your account. Should such an event occur we may not be in a position to release funds and may not be able to carry out subsequent instructions from you. Once logged onto the Trading Platform using your Account Credentials, you authorise us to rely upon any information or instructions set forth in any data transmission using your Registration Data, without making further investigation or inquiry, and regardless of the actual identity of the individual transmitting the same. Without limitation of the foregoing, we have no responsibility for transmissions that are inaccurate or not received by us, and we may execute any Transaction on the terms actually received by us. You consent to us processing all such information for the purposes of performing under this Agreement and for the purpose of administering the relationship between you and us. You agree we may share your personal information with third parties for these purposes and we may also use the information for analysis and improving our product and services in line with our Privacy Policy. You have the right to be informed of the personal data we hold about you. An administrative fee may apply.
2.2 The Company will activate the Trading Account once it identifies the funds credited by the Client. Trading may commence in the Trading Account, with certain limitations, even before full verification is complete, provided it satisfies additional requirements imposed by the Company. If the Trading Account is activated but fails to meet these requirements, the Company reserves the right to freeze activity in the account. Funds held by the Company for an inactive or frozen Trading Account cannot be transferred to another party until the Company ensures compliance with all Applicable Regulations.
2.3 In relation to any Transaction entered into pursuant to the Agreement the Company may act, according to the Company’s sole discretion, as principal or as agent on the Client’s behalf. Therefore, the Company may act as the counterparty to the Clients Trading activity. The Client confirms that it acts as principal and not as agent or trustee on behalf of someone else.
2.4 The Client hereby represents and warrants that his engagement with the Company in this Agreement and his use of the Company’s services are in full compliance with the law applicable to the Client. Telephone conversations between the Client and the Company may be recorded and kept by the Company. Recordings will remain the sole property of the Company. The Client accepts such recordings as conclusive evidence of conversations having taken place. Our records will be evidence of your dealings with us in connection with the Trading Platform. Records may be made available to you on request at our absolute discretion, and an administrative fee will apply. You will not object to the admission of our records as evidence in any legal or regulatory proceedings because such records are not originals, are not in writing or are documents produced by a computer. Under all applicable Regulations, the Company will keep Clients personal data records, trading information, account opening documents, communications and anything else which relates to the Client for at least five years after termination of the Agreement or a Transaction.
- AI TRADING PLATFORM
3.1 The Trading Platform supplied by the Company enables trading in foreign exchange rates of different currencies, commodities, cryptocurrencies, assets, ETFs and any other financial instruments made available by the Company (all hereof: “Financial Instruments”). The Trading Platform displays indicative quotes of exchange rates of different financial instruments pairs, based on different financial information systems, as the most updated exchange rates in the international capital markets. It is acknowledged by both Parties that due to different calculation methods and other circumstances, different trading platforms and/or markets may display different price quotes.
3.2 The Company does not warrant that trading in the Trading Account will be available at all times.
3.4 The Client authorises the Company to rely and act on any order, request, instruction or other communication given or made (or purporting to be given or made) by the Client or any person authorised on the Client’s behalf, without further enquiry on the part of the Company as to the authenticity, genuineness authority or identity of the person giving or purporting to give such order, request, instruction or other communication. The Client will be responsible for and will be bound by all obligations entered into or assumed by the Company on behalf of the Client in consequence of or in connection with such orders, requests, instructions or other communication.
3.5 The Company has the right, but not the obligation, to set, at its absolute discretion, limits and/or parameters to control the Client’s ability to place orders or to restrict the terms on which a Transaction may be made. Such limits and/or parameters may be amended, increased, decreased, removed or added to by the Company and may include (without limitation): (i) controls over maximum order amounts and maximum order sizes; (ii) controls over total exposure of the Company to the Client; (iii) controls over prices at which orders may be submitted (including, without limitation, controls over orders which are at a price which differs greatly from the market price at the time the order is submitted to the Company’s order book); (iv) controls over any electronic services provided by the Company to the Client (including, without limitation, any verification procedures to ensure that any particular order or orders has come from the Client); or (v) any other limits, parameters or controls which the Company may be required to. The Company may, in addition, require the Client to limit the number of open Transactions which the Client may have with the Company at any time.
3.6 The Company does not allow actions or non-actions based on arbitrage calculations or other methods that are based on exploitation of different systems or platforms malfunction, delay, error etc.
3.7 The Company is entitled, by its own discretion, to cancel any trade that has been executed due or in connection with an error, system malfunction, breach of the Agreement by Client etc. The Company’s records will serve as decisive evidence to the correct quotes in the world capital markets and the wrong quotes given to the Client; The Company is entitled to correct or cancel any trade based according to the correct quotes.
3.8 Reporting – Client can see his open trades (“Positions”) and guarantee funds situation at any time by accessing his Trading Account in the Company’s platform and viewing past trade’s reports generated by the Company. No hard-copy reports are sent.
- FUNDS
4.1 The Trading Account shall be activated upon the Client depositing the Initial Deposit as determined by the Company at its discretion. The Company will not accept third party or anonymous payments in the Client Account. In the case of identified third party payment, this must be proven with Identification as per the verification procedure. The Company shall have the right to request the Client at any time any documentation to confirm the source of funds deposited into the Client Account. The Company shall have the right to reject a deposit of the Client if the Company is not duly satisfied as to the legality of the source of funds.
4.2 The Client may transfer funds to the Company with different methods of payment as permitted by the Company from time to time and in any currency (acceptable by the Company), and such funds will be converted and managed in the Trading Platform in EUR and/or GBP as determined by the Client, according to an exchange rate determined by the Company’s according to the available market rates.
4.3 When making a bank transfer, the Client must use the reference number provided by the Company. If the details do not conform to the Client’s reference number supplied by the Company, this may result in the funds not being credited to the Client’s Trading Account.
4.4 The Funds deposited with the Company by the Client, together with any Profit or other Benefits the Client may be entitled to according to a specific agreement with the Company, shall be used as security to any Transaction, including Trading Losses and any other fee or debt owed by the Client to the Company, which will be automatically deducted from the Client’s equity in the Trading Account. The Client’s Funds shall not accumulate any interest or any other benefits. Trading that relates to a reference security shall not grant the Client any right to dividends, voting, allocations or any other Benefits, but may be subject to adjustments according to financial or corporate events which may have an effect on the reference security, such as distribution of dividends, splits etc.
4.5 Repayment of any funds via wire transfer by the Company to the Client will be in the same currency and to the same account from which the funds were originally transferred, unless the Company has decided, by its own discretion, to return the funds to a different account of the Client.
4.6 The Client declares that all funds that it transfers to the Company do not derive from any criminal or other illegal activity and without any violation of any applicable anti–money laundering laws and regulations.
4.7 The Client will have no claim against the Company and will not hold the Company responsible for any delay and/or differences originating from a credit company’s, banks or other financial institutions rates calculation and/or commission and/or any other debit.
4.8 a) In the case the Client gives an instruction to withdraw funds from the Trading Account, Beta-Tech’s finance department supervises every withdrawal request submitted. Banking information or crypto receiving address see section (4.1) must be submitted to process any withdrawal. The Company shall pay the specified amount (less any transfer charges, if applicable, see point (5) below) within five to ten (5 -10) Business Days once instructions have been accepted and at the moment of payment, the Client’s margin requirements, turnover requirements and due diligence criteria have been met. The Company may cancel the Client’s withdrawal order, if, according to the Company’s discretion, the remaining funds (after the withdrawal) shall not be sufficient to secure open Position(s) in the Trading Account.
- The company does not take any responsibility for any delays of withdrawals, due to third party (banks, credit card companies or other service providers) policies, nor any “Force Majeure” events that are not under the company’s control.
- Minimum withdrawal amount for wire transfers is 100.00 (USD, GBP or EUR).
- No minimum withdrawal amount for crypto currencies
4.9 If the Client has the obligation to pay any amount to the Company which exceeds the amount held in the Client’s Trading Account, the Client shall immediately pay such amount upon Company’s request.
4.10 The Company shall not provide physical delivery in relation to any Transaction. As mentioned above, Profit or loss is credited to or debited to or from the Trading Account (as applicable) once the Transaction is closed. If we receive a charge-back from any credit card issuer, for any reason, we will reserve the right to seek reimbursement from you. We may seek to obtain any reimbursement by charging your credit card, deducting amounts from any future payments owed to you, directly charging your Trading Account, or obtaining reimbursement from you via other lawful means. All bank charges, however they may arise, will be deducted directly from your Trading Account.
- FEES & CHARGES
5.1 All withdrawals either by Credit Card or Wire are subject to a 50 /GBP/EUR administrative fee.
5.2 All deposits or withdrawals by crypto are subject to a 0.0005 BTC administrative fee.
5.3 Performance Fee is based on profits only and is dependent on the round of investment in which the Client opened his/her trading account and the profit generated.
5.4 The Company may introduce additional fees and charges, and may change any existing fees and charges, at any time, by giving the Client not less than 10 Business Days’ notice of such changes.
- PRIVACY AND DATA PROTECTION
6.1 Due to the nature of the Company’s business and relations with the Client, The Company shall hold some personal client information. All data collected, whether it is on paper or on a computer is safeguarded in order to maintain the Client privacy (under Data protection laws).
6.2 The Company shall be permitted to use and/or disclose the Client Information (a) For internal use, including with affiliated entities; (b) As permitted or required by law; (c) For protection against or prevent actual or potential fraud or unauthorised transactions or behaviour. For computerised supervision of Client’s use of the services, review and/or supervision and/or development and/or maintenance of the quality of services; (e) to protect the Company’s rights or obligation to observe any applicable law.
6.3 The Client hereby grants the Company his/her permission to make use of his/her details in order to provide updates and/or information and/or promotion or marketing purposes through the Clients E-mail address or other contact information. Cancellation of this consent shall be performed by providing written notice to the Company, and shall apply to new publications that have not been sent.
6.4 The Client agrees that the Company may record all conversations with the Client and monitor (and maintain a record of) all emails sent by or to the Company. All such records are the Company’s property and can be used by the Company, amongst other things, in the case of a dispute between the Company and the Client.
6.5 Affiliation. The Company may share commissions and charges with its associates, introducing brokers or other third parties (“Affiliates”), or receive remuneration from them in respect of contracts entered into by the Company. Such Affiliates of the Company may be disclosed with Client’s information.
6.6 The Company’s Trading Platform, Website or other services may require the use of ‘Cookies’.
- ADVICE, INFORMATION AND TAX
7.1 The Company does not advise its clients in regard to the expected profitability of any Transaction, and any tax or other consequences. The Client represents that it has been solely responsible for making its own independent appraisal and investigations into the risks of any Transaction. The Client represents that it has sufficient knowledge, market sophistication and experience to make its own evaluation of the merits and risks of any Transaction. The Client acknowledges that he has read and understood the Risk Disclosure Document which sets out the nature and risks of Transactions to which this Agreement relates.
7.2 Where the Company does provide market commentary or other information: (a) this is incidental to the Client’s relationship with the Company. (b) It is provided solely to enable the Client to make its own investment decisions.
7.3 The Company shall not be responsible for the consequences of the Client acting upon such trading recommendations, market commentary or other information.
7.4 The Client acknowledges that the Company shall not, in the absence of its fraud, wilful default or gross negligence, be liable for any losses, costs, expenses or damages suffered by the Client arising from any inaccuracy or mistake in any information given to the Client.
7.5 The Company is under no obligation to assess the appropriateness of any Transaction for a Client, to assess whether or not the Client has the necessary knowledge and experience to understand the nature of risks associated with the Transactions. All risks related to the above are under the sole responsibility of the Client.
7.6 Any tax applying on the Client and/or results from the Client’s trading activity, including trading profits and/or trading losses and/or any charges and/or deductions, shall be under the Client’s full and sole responsibility. The Client shall personally report and pay any personal, federal, state and local tax liability he is obligated to, if applied. The Company serves as a mediator only and does not collect deduct, pay or withhold tax from the Client. The Company’s reserves the right, if ordered by an official entity, to deduct tax from the Client and deliver it to the proper tax authority as ordered by the official entity.
- ACCOUNT BALANCES
8.1 Trading Account balances and statements are displayed within the trading platform made available to the Client by the Company. Common terms definitions can be found on the Company’s Website.
- CLOSING AN ACCOUNT AND CANCELLATION OF THE AGREEMENT
a) Upon terminating notice of this Agreement, Client shall be under the obligation to close all open positions, otherwise, the notice shall become void, or the Company shall have the right to close all open positions without assuming any responsibility. Such closure may result in an outcome that would be less favourable for the Client.
9.2 Upon completion of the 30-day termination period all amounts payable by Either Party to the other Party will become immediately due for sending within a period of 30 (Thirty) business days after notice given.
9.3 Termination shall not affect any outstanding rights and obligations according to the applicable law and the provisions of this Agreement.
- LIMITATIONS OF LIABILITY AND INDEMNITIES
10.1 The services of the company are provided “as is” and “as available”, and company makes no warranties of any kind, express or implied, including, but not limited to, warranties of merchantability and fitness for particular purpose. The company does not warrant that any affiliated software, services or communication that may be offered or used by the client shall always be free of viruses or other harmful components. The company will not be liable for any damages of any kind arising from trading or the use of the company’s services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
10.2 Client acknowledges and agrees that the Trading Platform follows the relevant market, whether the Client is in front of his computer or not, and whether the Client’s computer is switched on or not.
10.3 The Client shall, upon first demand by the Company, compensate the Company from and against all liabilities, damages, losses and costs (including reasonable legal costs), duties, taxes, charges, commissions or other expenses incurred by the Company.
10.4 The Company shall have the right to set-off any amount owed by the Company to the Client, against any debt or other obligation of the Client towards the Company. In any event of Default of Client (voluntary or involuntary insolvency procedures against the Client) all debts, future debts and other obligations of the Client towards the Company shall become immediately due.
11. ABUSIVE TRADING
If the Company reasonably suspects that the Client performed abusive trading such as, but not limited to, pip-hunting, scalping, arbitrage, manipulations or a combination of faster/slower feeds, Internet, connectivity delays, market events and price feed errors sometimes create a situation where the prices displayed on the Beta-Tech trading platforms do not actually reflect the market rates, either generally as a result of connectivity delays, upon the occurrence of a market event or an abnormal trading conditions, it may, at its absolute discretion, at any time and without prior Written Notice, take one or more of the following actions:
(a) Terminate this Agreement immediately without prior notice to the Client;
(b) Cancel any Open Positions;
(c) Temporarily or permanently bar access to the Trading Platform or suspend or prohibit any functions of the Trading Platform;
(d) Reject or Decline or refuse to transmit or execute any Order of the Client;
(e) Restrict the Client’s trading activity;
(f) In the case of fraud, reverse the funds back to the real owner or according to the instructions of the law enforcement authorities of the relevant country;
(g) Cancel or reverse of profits gained through abusive trading in the Client Account;
(h) Take legal action for any losses suffered by the Company.
11.1 If the Company has reasonable grounds to suspect that the client is exploiting any of the Company’s policies through the creation, use, or funding of multiple accounts, it reserves the right to utilize funds from any of the client’s accounts to offset potential losses resulting from such abusive behaviour. The Company, at its discretion, may then choose to restrict the client to the use of only one trading account and, if deemed necessary, terminate any business relationship with the client.
- GENERAL PROVISIONS
12.1 The Company has the right to amend the Agreement without obtaining any prior consent from the Client. If the Company makes any material change to the Agreement, it will give at least 10 (Ten) Business Days’ notice of such change to the Client. Such an amendment will become effective on the date specified in the notice. Unless otherwise agreed, an amendment will not affect any outstanding order or Transaction or any legal rights or obligations which may already have arisen.
12.2 Partial invalidity: If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions of this Agreement nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
12.3 Joint account – If the Trading Account is a joint account (on the name of more than one entity), then each of the entities in the Trading Account shall be authorised to represent the other entities towards the Company, with no requirement of any prior notice or approval from the other entities. Each of the entities in the Trading Account agrees that any notice or instruction given by the Company to any of the entities shall be considered as given to all the entities. In case of contradiction between instructions given to the Company by different entities, then the last instruction received by the Company will prevail.
12.4 Language, Notices and Complaints – All communications between the Company and the Client will be in English or in any Language, suitable both to the Client and the Company.
12.5 Unless otherwise agreed, all notices, instructions and other communications to be given by the Company shall be sent to the email address provided by the Client, details of which are provided by the Client to the Company. Any complaint shall be directed to the Company’s client services department, who will investigate the complaint and make every effort to resolve it. Such a complaint should be made to: [email protected] . All disputes will be handled within 72 working hours of notification.
12.6 The Company shall have the right, in order to collect funds owed to the Company by Client or to protect the Company’s rights such as good-name, intellectual property, privacy etc., to immediately bring legal proceedings against Client, in the Client’s residency and according to the Client’s residency applicable law.
12.7 No Right to Assign: No rights under this Agreement shall be assignable nor any duties assumed by another party except to/by an affiliate of The Company. Upon assignment to an Affiliate of the Company, the terms of this Agreement may be amended to fit any applicable regulation effective upon the assignee, and Client hereby consent in advance to such regulatory modifications to this Agreement. This Agreement shall be binding upon and inure to the benefit of the successor’s heirs of the Client.
12.8 Dormant Trading – If the Client will not perform any trading activity or his trading activity will be in very low volume, for the time period defined by the Company, or if the Client does not hold minimum funds in his Trading Account, defined by the Company, the Company may, charge the Trading Account with Dormant Trading commission, at a rate to be determined by the Company from time to time, close any open trade and/or the Client access to the Trading Account and/or terminate this Agreement. If the Trading Account is inactive for 3 month or more, and after notifying the Client in its last known contact details, the Company reserves the right to close the Trading Account.
- 30-day Trial
13.1 The Company offers The Client a 30-day trial period the duration of which does not affect any outstanding rights and obligations according to the applicable law and the provisions of this Agreement.
(a) If the account is in deficit, then The Client can request the full return of their initial deposited funds, minus any bank charges incurred by The Company.
(b) If the account has generated profit, then The Client can request the full return of their initial deposited funds, minus a performance on the generated profits and minus any bank charges incurred by The Company.
(c) The Company, at its discretion may choose to terminate this agreement after the 30-day period, in doing so it’s obligated to fulfil either point (a) or point (b) above. Providing all obligations and conditions of this Agreement have been met.
FORCE MAJEURE
We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, but is not limited to, the following:
- Any act, occurrence, event or (including without limitations, any riot, civil commotion or strike), act of terrorism, war, industrial action, acts and regulations of any governmental bodies or authorities) that, in our opinion, prevents us from maintaining an orderly market on the Trading Platform.
- The closure or suspension of any Underlying Market or the occurrence, abandonment or failure of any Underlying Asset on which we base, or to which we in any way relate, our quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event.
- The occurrence of an excessive movement in the level of any Transaction and or Underlying Market or our anticipation (acting reasonably) of the occurrence of such a movement.
- Any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or the failure of any relevant supplier, Financial Institution, intermediate broker, agent or principal of ours, custodian, sub-custodian, dealer, Underlying Market, clearing house or regulatory or self-regulatory organization, for any reason, to perform its obligations.
- If we determine that a Force Majeure Event exists, we may, in our absolute discretion, without notice and at any time, take one or more of the following steps:
- Alter your Margin requirements; which may result in you requiring to provide additional Margin;
- Close all or any of your open Transactions at such closing prices as we reasonably believe to be appropriate;
- Suspend or modify the application of all or part of the Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto; or alter the Trading Hours for a particular Transaction.
- You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to paragraph. If we decide to take such action, the Parties shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under this Agreement, if such non-fulfilment or improper fulfilment was a result of a Force Majeure Event, which occurred after the Client Agreements were concluded.