Contract
Contract
Contract
LTD CLIENT
AGREEMENT (INDIVIDUAL AND
JOINT ACCOUNTS)
1. General Provisions
1.1. This Agreement is an accession agreement. By acceding to this Agreement, the Client agrees to
perform all future Trading and and Non-Trading Operations on the terms and in the manner
prescribed hereby. Accession to this Agreement is realized by way of creation (registration) by the
Client of a Personal Page at the Company Website at https://my.teletrade-dj.com/.
1.2. Access to the Personal Page is protected with a password generated automatically during
registration on the Company Website. All directions issued via Personal Page after entering the
password shall be deemed issued by the Client personally.
1.3. This Agreement is no public offer. The Company is entitled to deny accession hereunder at
its own discretion without reason.
1.4. Relationship hereunder are also governed by information available at the Company's official
website https://www.teletrade.org/, as well as by provisions of the following regulations (hereinafter
referred to as "Appendices"), which are an integral part hereof and are available at the Company's
website:
• Risk Notification (Appendix No 1);
• Regulations for Trading Operations on Standard Account (Appendix
No. 2);
• Regulations for Trading Operations on Professional Account (Appendix
No. 3);
• Non-Trading Operation Regulations (replenishment/withdrawal) (Appendix No.
4);
• Synchronous Trade Service Regulations (Appendix No.
5);
• Bonus Application Regulations/Rules (Appendix No.
6);
• Loyalty Program Regulations/Rules (Appendix No.
7);
• Regulations for Trading Operations on Sharp ECN Account (Appendix
No. 8).
2.1.1. Comply with all the terms described in Regulations and stipulated
hereby;
2.1.2. Transfer funds to the Company's Account as security for its obligations arising in the
course of performance of this Agreement and its appendices;
2.1.3. Maintain confidentiality in respect of the information that became available to the Client in
the course of performance hereof;
2.1.5. The Client acknowledges and agrees that the Company shall not be liable for the
Client's financial losses resulting from breach of confidentiality, as well as for the Client's
and Agent's communication on the Account, which resulted in provision of access to
marginal accounts by the Client.
2.2.1. Perform any Operations stipulated by the Agreement and Regulations, within timeframes
and in the manner prescribed by those Regulations;
2.2.2. Deliver to the Company an Order for Money Withdrawal within Free Balance in the
manner prescribed by Regulations;
2.2.3. Terminate this Agreement unilaterally without a court decision in compliance herewith at
any time;
2.2.4. Change password for accessing the Personal Page at its own discretion at any time or
use the password recovery procedure.
2.3.2. Maintain confidentiality in respect of the information that became available to the
Company in the course of performance hereof.
2.4.1. Terminate this Agreement unilaterally without a court decision at any time, including but
not limited to the cases when the Client breaches the terms defined by Regulations or when
there is sufficient ground to suggest the Client's attempted unlawful use of the software
provided by the Company and the funds transferred to the Company's Account;
2.4.2. Deny some of the Client's Operations if they do not comply with the terms
stipulated by Regulations and Agreement;
2.4.4. Suspend certain Operations in case of identification of incorrect or invalid Client data or
if the Client failed/refused to submit the requested documents;
2.4.5. Deny conclusion of this Agreement, account opening or Personal Page creation
(registration) without reason;
2.4.6. At its own discretion, change the list of Trade Terminals recommended for use for the
purpose of this Agreement, in the manner and on the terms provided hereby;
2.4.7. The Client acknowledges and agrees that for the purpose of mutual confidence, the
Company may electronically track and record any operations and telephone talks between the
Client and the Company.
3.1. This Agreement comes into effect upon its signature in the manner prescribed hereby and
shall be valid for an indefinite period of time.
3.2. Any of the Parties may terminate this Agreement
unilaterally:
3.2.1. The validity of this Agreement shall be deemed terminated in respect of the Parties
upon the Client and the Company's full discharge of mutual obligations under earlier
Operations.
3.2.2. The Agreement shall be deemed terminated on the Company's initiative from the date
specified in the notification sent by the Company to the Client.
3.2.3. The Agreement shall be deemed terminated on the Client's initiative 5 (five) Business
days after the Client's delivery of a notification at the Company's address.
4.2. The Client shall be liable to the Company for the losses incurred by the Company through the
Client's fault, including the damage inflicted by non-submission (or untimely submission) by the
Client of any documents, which submission to the Company is envisaged by this Agreement and
appendices thereto, as well as the damage inflicted upon the Company by any misrepresentation of
information contained in the documents submitted by the Client and/or by any abuse of the services
rendered to the Client by the Company. The Company shall be entitled to withdraw the said losses
from the Client's Account and/or other persons' accounts upon establishment of the Client's
ownership of such accounts with the help of the Company's technical features.
4.3. The Company shall not be liable for any discrepancy - in the course of definition of the
Client's financial result - between the information displayed in the Trade Terminal/on the Personal
Page of the Client and the information available on the Company Server. To eliminate the said
discrepancy, the Company shall perform data adjustment in compliance with the information
available on the Company Server.
4.4. The Company shall not be liable for the Client's losses if such losses resulted from hacker
attacks, malfunction of computer networks or electric communication systems ensuring the
Company's operation.
4.5. The Company shall not be liable for any malfunction and/or delay in the operation of Trade
Terminals through no fault of the Company, as well as for the Client's losses resulting from such
malfunction and/or delay.
4.6. The Company shall not be liable for the results of Operations, decisions on which were taken by
the Client on the grounds of the analytical materials provided by the Company and/or third parties.
The Client has been informed that the operations performed hereunder imply performance risk and
the risk of partial or complete loss of the amount accrued to the Client's Trading Account.
4.7. The Company shall not be liable for any losses the Client may incur in case of theft, loss or
disclosure of passwords for accessing the Company's services to third persons. The Client shall be
fully liable for safekeeping the passwords and maintaining their protection against any third
persons' unauthorized access.
4.8. The Company shall not be liable for any non-performance (improper performance) of its
obligations hereunder if their performance was prevented by force-majeure circumstances (force
majeure) described in the Risk Notification.
4.9. The Company shall not be liable for any consequential, incidental, or punitive damages incurred
by the Client, including but not limited to the loss of profit, loss of anticipated savings or loss of
revenue, even if the Client was informed by the Company of such possible damages. Moral damage
is not subject to recovery.
4.10. Notifications and other messages delivered to the Client via an Authorized
Representative/Agent or sent at the Client's E-mail/mobile phone number specified by the Client for
that purpose, as well as to the
4.11. The Client acknowledges that all taxes and fees to be withheld from legal entities/individuals
in compliance with the legislation of the state of the Client's jurisdiction shall be paid by the
corporation represented by the Client or by the Client personally in the prescribed manner. The
Client is aware of the fact that the Company provides no recommendations as to the legality,
taxation or accounting. The Client releases the Company from any liability related to the payment or
nonpayment of tax duties both on the Key Assets on the Client's Account and on the profit received
from Transactions performed by the Company for and on behalf of the Client.
5.1. All the disputes and discrepancies between the Company and the Client arising in connection
with and out of this Agreement shall be settled by way of negotiations and, in case of a failure, by
judicial authorities at the place of the Company's registration in compliance with the pre-arbitration
procedure of dispute settlement. Pre-arbitration procedure of dispute settlement shall be deemed
observed if:
a) the form and contents of the claim meet the requirements described in the agreement or
regulations; b) the claim is delivered at the Company's registration address: c) the Client has got
acknowledgement of the Company's receipt of the claim; d) the term of response to the claim
expired. The term of response to a claim shall be 60 (sixty) calendar days upon its receipt by the
Company.
5.2. All claims related to the Operations performed by the Client shall be filed according to the
following requirements:
5.2.1. A claim shall be delivered by way of filling out a form on the Personal Page of the
Company using a ticket system or by any other way described in a definite appendix to the
Agreement regulating the given situation;
5.2.3. The claim shall be sent by the Client to the Company at least on the 3d (third) Business
Day upon occurrence of the event serving as a ground for the relevant claim. The Client
acknowledges that the delayed filing of a claim shall be sufficient ground for denial of its
consideration.
5.2.4. Any easing or delay in payment in respect of the Client on the Company's part, as well
as nonperformance or inaccurate performance by the Company of the Client's instructions
because of
6. Miscellaneous
6.1. The Parties' relationship hereunder and any disputes arising between the Parties in
connection with the performance hereof shall be governed in compliance with the law of the
country of the Company's location (registration).
6.2. Any amendments to this Agreement and appendices hereto shall be made by the Company
unilaterally. All amendments made by the Company, which are not related to the circumstances
specified herein shall come into effect on the date specified by the Company.
6.3. Amendments made by the Company to the Agreement and appendices thereto due to changes
in the legislative and regulatory control over the subject hereof, as well as in the rules and Contracts
used by the Company to perform its obligations hereunder shall come into effect simultaneously with
the enforcement of the changes in the said documents.
6.4. Upon entry into force, all amendments made by the Company shall apply equally to all
Clients, including those that signed the Agreement prior to the date when the amendments
came into effect.
6.5. In order to ensure that the Client that signed the Agreement becomes aware of the amendments
before their entry into force, the Client shall, at least once a week, apply to the Company's Website
for the information on such amendments on its own or via its Authorized Persons.
6.6. To realize the purposes defined herein, as well as other information-related tasks, the
Company may deliver to the Client information materials according to the contact details provided
by the Client.
6.7. The Client (individual), by providing to the Company its personal data, in any form and in any
way (while performing any actions on the Company's Website, via the Company's counterparties,
etc.), grants its consent to the Company and its partners as to the automated and non-automated
processing of the personal data for the purpose of International Financial Market Service Contract
performance, promotional campaigns, provision of promotional materials to the Client, information
on promotional campaigns and events held by the Company, as well as for other purposes defined
by the Company, including: performance of actions related to collection, recording, systematization,
accrual, storage, improvement (update, modification), extraction, use, transfer (dissemination,
provision of access), anonymization, blocking, elimination, deletion, cross-border transfer of
personal data. Consent is granted until expiration of the time of storage of relevant information or
documents containing the said information defined in compliance with the current legislation of the
Company's location.
6.8. The Client is entitled to use the information posted by the Company or third persons, access to
which was granted to the Client as part of services stipulated by the Agreement, solely for the
Operations envisaged by this Agreement and its appendices. The Client is not entitled to
disseminate, change, supplement or store the said information in its own archives in any way. In
any case, the scope of authority granted to the Client in respect of the information posted by third
persons cannot exceed the scope of authority granted to the Company by a third person. The
Company shall not guarantee that the information posted by third persons is true, accurate, relevant
and will be delivered on a permanent basis
6.9. The funds deposited/credited by the Client to the Client's Account are meant for the Operations
carried out by the Client and for the payment of other services of the Company. The amount of the
Client's funds on the Client's Account shall change depending on the performance of certain
Operations by the Client. However, the Company shall, on the grounds of a Funds Withdrawal Order
received from the Client, perform Debiting of the Funds from the Client's Account in the manner and
on the terms prescribed by Non-Trading Operation Regulations, in the amount not exceeding the
Free Balance of Funds on the Client's Account and not less than the fee for Funds Debiting withheld
by the Company from the amount specified in the Order, in compliance with the rates fixed by the
Company for the account management services.
6.10. The Company has the right to withhold a commission for the Client's service in the amount of
$50 per month in case the Client has not performed any trading operations on his trading accounts
during the last three months.
6.11. This Agreement can be made with any fully capable individual and any legal entity, except
persons being residents of the country of the Company registration, as well as residents of such
jurisdictions, including but not limited to the USA, DPRK, and other jurisdictions in compliance with
the applicable law. If the agreement is made with a legal entity, a power of attorney issued on
behalf of such legal entity is required.
6.12. The Company is entitled to transfer rights and obligations under this Agreement and
appendices hereto, fully or partially, to a third person, provided that such person complies with
the terms hereof.
6.13. The Company is entitled to prepare and use the texts of Agreement and appendices thereto
in the languages other than English. In case of any discrepancies between the text of this
Agreement and appendices hereto in English and the relevant texts in other languages, the
English text shall prevail.
7. Communication
7.3. The Client shall inform the Company of any changes in its contact details. The Company shall
be deemed to have duly fulfilled its obligations and the Client to have received legally valuable
notifications upon the Company's delivery of notifications at the details specified on the Personal
Page.
7.4. The Client acknowledges that its telephone conversations with the Company may be recorded
on magnetic or electronic media. These records shall be owned by the Company and may serve
as evidence of the Client's orders.
TELETRADE D.J. LTD 9