CUSTOMER TRADING AGREEMENT
This agreement and any relevant documents (Trading Benefits Terms & Conditions, Beneficial Owner Declaration, Risk Disclosure) shall constitute the entire Customer Trading Agreement (collectively referred to as the “Agreement”)
Securcap Securities Limited (hereinafter the “Company”), a company formed, registered in Room B11, First Floor, Providence Complex, Providence, Mahe, Seychelles and licensed in Seychelles, operating under the brand name Ontega (hereinafter “Ontega” or “we” or “us” or “our”)
Any End User (the “Client”)
Each a “Party” and together, the “Parties” (words importing the masculine shall also import the feminine and vice versa).
By entering into the Agreement, the Client has read, understood and accepted the information under the title “Trading Benefits Terms & Conditions “, that form part of this Agreement, as this information is provided on the Ontega’s website (hereinafter the “Website”).
WHEREAS Ontega provides investment services through a trading platform (the “Trading Platform”) for Contracts for Difference (CFDs) and such other transactions as Ontega may from time to time make available (the “Services”).
WHEREAS The Client wishes to open an account with Ontega in order to use the Trading Platform and to enter into investment services transactions with Ontega
THEREFORE AND IN CONSIDERATION OF THE ABOVE THE PARTIES AGREE AS FOLLOWS
1. General Provisions
1.1. The Services may involve margined transactions, requiring Client to deposit cash to secure its obligations under this Agreement (“Security Margin”).
1.2. Direct Relationship: Unless otherwise agreed in writing, Ontega and Client each enter into this Agreement as principal and Ontega will not accept an undisclosed/unapproved principal acting through Client. With regard to such a principal, Client agrees to provide Ontega with its identity, personal information, and other information that Ontega may seek.
1.3. Information Services: From time to time Ontega may provide the Client with access to various information and content via Ontega Website or Trading Platform. Furthermore, Ontega may provide the Client with links to third party websites that may include information. This information is supplied “as is” and is for guidance only. Use of such information is entirely at the Client’s own risk. To the fullest extent permitted by law, Ontega make no representations or warranties of any kind, including but not limited to, the accuracy, quality or completeness of the information. Ontega shall not be liable for any action taken by the Client as a result of the Client relying on any of this information or for any loss or damage suffered by the Client as a result of you using such information or any third party website linked to Ontega. No information provided shall be deemed as assurance or guarantee on the results of any trade.
1.4. No Investment Advice: Client hereby acknowledges that the Services do not include the provision of investment advice and/or the provision of personal recommendations in respect of one or more transactions relating to one or more instruments. Any information that may be provided aims merely to assist the Client’s investment decision making and does not constitute investment advice.
1.5. No Physical Delivery of Underlying Instruments: the Client hereby acknowledges that entering into trades through the Trading Platform does not result in the physical delivery of currency or of the underlying instrument and that trades are cash adjusted or closed by the Client taking an offsetting position. For this reason, open trades will always be closed with Ontega and the Client’s account will either be credited or will be debited according to the profit or loss made on the trade.
1.6. Errors: Quotations provided by Ontega, via third parties or otherwise, may be incorrect for whatever reason. Following a transaction involving such quotation errors, Ontega in its discretion, reserves the right to correct the affected account balance. Any dispute arising from such errors or corrections will be resolved on the basis of the fair market value of the relevant currency at the time of the error.
1.7. Market Fluctuations: Client understands and acknowledges that the market for currency is subject to sudden changes due to news events and other announcements, acts of war or terrorism, pandemics, power failures, strikes or civil commotions, business trends, political developments, fluctuations in other financial and commodity markets, and other factors beyond Ontega ‘s control. Ontega may determine in its sole discretion that an emergency or exceptional market condition exists, in which case it reserves the right to impose trading limits or special terms, cancel or suspend any transaction, or close an account.
1.8. Trading Indices: the Client hereby understands and acknowledges that he is aware that in the case of Contract for Difference (CFD) trade, Ontega shall open its trading within 5 minutes of the opening of the relevant market. Ontega reserves the right not to accept any trade of such instrument during the first 5 minutes of the trading day. Ontega reserves its right to cancel any trade, in its own discretion, of such instrument made during the first 5 minutes of the trading day.
1.9. Risk Disclosure: the Client understands that the Services offered by Ontega include trading products which involve substantial risk that is not suitable for everyone. The Client acknowledges that he fully understands the nature and risks of the Services and related trading products and the Client accepts that under no circumstances will any losses incurred as a result of the use of the Services be recoverable from Ontega.
2. Client Instructions and Order Execution
2.1. Deposit by means of Credit Card is limited to a minimum amount of 300 USD. The Client may provide oral or written instructions to Ontega to place an order. Written instructions may be given by letter, fax, the Website, cellular or other electronic means of communication. Oral instructions may be given in person or by telephone, but Ontega may require written documentation of such instruction. In case of an order received by the Company in any means other than through the electronic Trading Platform, the order will be transmitted by the company to the electronic Trading Platform and processed as if it was received through the electronic Trading Platform. The Client accepts the risk of misinterpretation and/or mistakes in the instructions and/or Orders sent through means other than the electronic Trading Platform, regardless of how they have been caused, including technical and/or mechanical damage. Once an instruction has been given, it cannot be rescinded, withdrawn or amended without Ontega ‘s express consent. Ontega shall not be obligated to confirm instructions.
Ontega may request new instructions from Client and the Client undertakes to provide them promptly.
2.2. Client shall advise Ontega of the identity of any persons authorized to give instructions. Such notice shall be in writing and shall set out the names and specimen signatures of the persons so authorized. Any such authority may be revoked by notice in writing by the Client but such revocation shall only be effective upon written confirmation by Ontega.
2.3. The Client will be solely responsible for all orders, and for the accuracy of all information, transmitted via the Internet using Client’s name or personal identification code. Such transmission shall not give rise to a binding contract between Ontega and Client until and/or unless Ontega accepts or acts upon it.
2.4. If Ontega does not receive instructions from Client to settle open positions by the close of a given business day, Ontega is authorized (but not obligated) to rollover orders to the next business day.
2.5. In case a rollover is made, the Client will be charged with a fixed rollover fee of his trading account current exposure on 00:00 GMT regardless of any interest rates differences. Ontega shall not be liable, and Client shall defend, indemnify, and hold harmless Ontega, for any loss, expense, cost or liability, arising from error in instructions; instructions or other communications transmitted over the Internet; Client’s failure to notify of revocation of authority; Client’s failure to issue new instructions on Ontega ‘s request; remedial measures by Ontega in its absolute discretion upon such failure; Ontega ‘s actions on instructions transmitted via the Internet using Client’s name or personal identification code or from an individual who appears mistakenly to Ontega to be an authorized person; or Ontega ‘s refusal for any reason or no reason to act upon instructions.
2.6. Withdrawal Instructions: Withdrawal by means of Bank Transfer is limited to a minimum amount of 50 USD. The Client may withdraw all or part of the available funds deposited with Ontega upon the fulfillment of the following accumulative conditions:
2.6.1. the Client has provided all compliance or any other required documents to Ontega;
2.6.2. the Client submitted a Withdrawal Request, through the Trading Platform providing all the necessary information; and
2.6.3. the Client does not hold any open positions in the Client’s trading account with Ontega.
2.7. Ontega shall execute the Client’s withdrawal within 120 working hours once all the above conditions are met and upon approval of such by the Ontega Back Office Department. The Client acknowledges that fund transfer times may vary according to his account type, issuing bank, intermediary bank, receiving bank, destination country or any other 3rd party involved in the transfer of funds. Withdrawal of funds may also be subject to restrictions imposed by or in connection with the receiving Bank. Ontega shall not be liable for any fund transfer delay caused by such 3rd party and/or wrong banking information details provided by the Client.
2.8. Ontega reserves the right and the Client understands, acknowledges and agrees that in case the Client performs a withdrawal, Ontega can remove and/or adjust any allocated trading benefit.
2.9. The Client understands and acknowledges that the requested transfer of funds may be charged with additional transfer fees from 3rd parties to the transfer. The Client agrees to pay any incurred bank transfer fees when withdrawing funds from his sub-account to his designated bank account. Ontega does not charge any withdrawal fees. In addition, the Client understands and acknowledges that in case the received funds are converted to any other currency other than US Dollars, some exchange fees may apply. The Client is fully responsible for payments details, given to Ontega and Ontega accepts no responsibility for the Client‘s funds, if the Client‘s given details are wrong. It is also understood that Ontega accepts no responsibility for any funds not deposited directly into the Ontega ‘s bank accounts.
2.10. Should a withdrawal request had failed to meet the withdrawal accumulative conditions set out above; the withdrawal request will be cancelled within 30 days of its request and the Client may re-apply the request for the withdrawal. Such withdrawal re-apply request shall be subject to the withdrawal general terms as set out above.
2.11. The Client acknowledges that Anti Money Laundering Regulations does not allow the transfer of fund to any 3rd party other than the beneficial owner of the Ontega trading account. In addition, Ontega may require further documentation regarding the origin of funds and/or the beneficial owner in accordance with the applicable Anti-Money Laundering & Counter-Terrorism Financing legislation as amended from time to time.
2.12. The Client further acknowledges and agrees that the costs, fees (e.g. rollover, inactivity), charges, commissions, leverage limits, execution rules, trading times and trading conditions are found on the Website and/or Trading Platform. Ontega reserves the right to review any of its costs, fees, charges, commissions, leverage limits, execution rules, trading times and trading conditions from time to time.
2.13. While a Client has any open positions on the ex-dividend day for any of the Financial Instruments, Ontega reserves the right to proceed with the closure of such positions at the last price of the previous trading day and open the equivalent volume of the underlying security at first available price after the market movement, on the ex-dividend day. Ontega reserves the right, at its sole discretion; to disable the Client from opening any new positions on the ex-dividend day or prior to the ex-dividend day. In case of any unjustified profit, generated from ex- dividend activity, Ontega reserves the right and without giving a prior notice to the client to re-adjust the profit (i.e. remove the profit).
2.14. Orders: Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, Sell Stop on Financial Instruments are executed at the declared by the Client price on the first current price touch. Ontega reserves the right not to execute the Order, or to change or to revert the opening (closing) price of the transaction in case of the technical failure of the Trading Platform, reflected financial tools quotes feed, and also in case of other technical failures. Under certain trading conditions it may be impossible to execute orders (Stop Loss, Take Profit, Buy Limit, Buy Stop, Sell Limit, and Sell Stop) on any Financial Instrument at the declared price. In this case, Ontega reserves the right, at its sole discretion, to execute the order or change the opening (closing) price of the transaction at a first available price. Events that might cause the above mentioned actions on behalf of Ontega are considered to be the following, (the list is NOT exhausting): (i). At times of rapid price movement if the price rises or falls in one trading session to such an extent that under the rules of the relevant exchange, trading is suspended or restricted. (ii). In the trading session start moments which has as a result, placing a Stop—Loss Order will not necessarily limit the client’s losses to the intended amounts, because market conditions may make it impossible to execute such an order at the stipulated price.
3. Client Representations
The Client hereby declares that:
3.1. He has read and understood, and agrees to the terms and conditions of this Agreement.
3.2. He understands the high degree of risk associated with foreign currency trading subject to unknown market movements and other factors which can give rise to losses exceeding the Client’s original Security Margin, and that he can afford to lose the sums that he remits to Ontega and incur additional losses.
3.3. He does not have any legal disability with respect to, and is not subject to any law or regulation which prevents its performance of, this Agreement or any contract contemplated by this Agreement.
3.4. He has obtained all necessary consents and has the authority to enter into this Agreement (and if the Client is a corporation or similar entity, it is properly empowered and has obtained necessary authority pursuant to its organizational charter).
3.5. He is informed that for any orders placed with the Ontega for the financial instruments offered by the Ontega , Ontega acts as an Agent and not as a Principal on the Client‘s behalf.
3.6. Subject to this Agreement, all sums remitted to satisfy the Security Margin are and shall at all times remain free from any charge, lien, pledge or encumbrance.
3.7. He is in compliance with all laws to which he is subject including, without limitation, all tax laws and regulations, exchange control requirements and registration requirements.
3.8. The information provided by him to Ontega is clear, understandable, complete, accurate and not misleading.
3.9. The foreign exchange market is unregulated and as such, he understands that he will not benefit from any statutory or other compensation scheme in respect of the Services.
4. Margin Requirements
4.1. The Client shall remit to Ontega such amounts of money as required by Ontega, in a currency acceptable to Ontega, to cover Client’s Security Margin and any account debit balance.
Ontega will have no obligation to ensure Security Margin requirements have been satisfied by the Client before effecting an order and the Client’s payment obligations will not be diminished by any failure by Ontega to enforce payment of outstanding Security Margins prior to entering into the transaction.
4.2. Ontega may use any money received from the Client in order to satisfy Ontega obligations related to such Client to any third party and Ontega shall not be obliged to account to the Client for any resulting income received by Ontega.
4.3. The Client shall promptly deliver any money payable by it under a third-party contract in accordance with both the terms of that contract and with any instructions given by Ontega for the purpose of enabling Ontega to perform its obligations under such contract.
4.4. Ontega may (but shall not be obligated to) convert into another currency at an exchange rate acceptable to Ontega any Client monies held by it as Ontega considers necessary or desirable to satisfy Client’s obligations and liabilities.
4.5. If the Client fails to satisfy a required Security Margin or other sum due under this Agreement, Ontega may close out any or all open positions without prior notice and apply any proceeds thereof to payment of any amounts due to Ontega. Ontega reserves the right to return funds deposited by Client at any time with or without reason.
5. Spread rates, Margin and Leverage
5.1. Ontega reserves the right to modify Security Margin requirements in line with the size of the Client’s deposit, size of transactions, market conditions characterized by particular volatility or lack of liquidity, or other factors determined by Ontega. Ontega reserves the right to offer different spread rates in accordance with the size of the Client’s Security Margin and/or positions.
5.2. Client is wholly responsible for verifying the activity of its accounts, as well its Security Margin requirement. Such requirements are available upon request or on the Ontega website.
5.3. The one (1) standard lot size is the measurement unit specified for each Financial Instrument traded in the Electronic Trading Platform. The Company reserves the right to change the Contract Specifications at any time depending on the market situation. The Client agrees to check the full specification of the Financial Instrument before placing any order. A possible choice of a maximum leverage rate, according always to the account type, ranges from 1:10 up to 1:200 depending on the type of the account and at the discretion of the Company, all provided that in no event shall the exposure in a single account exceed 30 Million US dollars. At opening of a Client trading account, the leverage rate is predetermined according to the type of account chosen by the Client. The Client may request for a lower leverage to be applied to their trading account by contacting the Company.
5.4. The Company reserves the right to change the Client‘s trading account leverage at its discretion, either for a limited time period or on a permanent basis, by publication on the company website and/or written notice sent by mail.
5.5. In case of absence of any trading activity for a period of at least three (3) months, the Company reserves the right to apply an administrative fee in order to maintain the account assuming that the Client Account has the available funds. The fee shall be announced in the Trading Conditions, on the Company’s website at all times. If the Client account is funded by a lesser amount and has been inactive for a period of three (3) months, the Company reserves the right to charge a lower amount to cover administrative expenses and close down the account.
5.6. In case of absence of any trading activity for a period as specified on the Company’s website, the Company reserves the right to apply a credit-out rule and remove any trading credit available in the Client’s trading account. The conditions for the credit-out rule are available at the Trading Conditions at the Company’s website at all times.
6. Right of Pledge, Lien, Set-Off and Retention
6.1. Ontega shall, at any time and without prejudice to any other rights Ontega may have, be entitled to combine or consolidate separate Client accounts, offset against each other the balances of any Client accounts (regardless of designation or currency of the account) or offset each balance individually. For any Ontega claims arising from Services relating to Client, irrespective of the maturity dates of such claims or of the currencies in which they are denominated, Ontega shall have a right of lien and pledge, and a right of retention, on all assets or security held in Client’s name or otherwise deposited with Ontega, or any guarantee or indemnity given to or owed Ontega by Client.
7.1. Without prior notice to, or receipt of further authority from the Client, Ontega shall have the right to close out all or any part of any position or account of Client, upon or at any time after the occurrence of any of the following events (each of which shall constitute an “Event of Default”):
7.1.1. The Client fails to make any payment due under this Agreement promptly;
7.1.2. The Client fails to observe or perform in whole or in part any of the provisions of this Agreement or commits a breach of this Agreement;
7.1.3. The Client maintains parallel accounts for the purpose of arbitraging Ontega promotions or policies, in Ontega’s sole discretion;
7.1.4. The Client dies, is declared absent or becomes of unsound mind;
7.1.5. A bankruptcy petition is filed in respect of the Client or, if a partnership, in respect of one or more of its partners or, if a company, any steps are taken or proceedings initiated or protection sought under any applicable bankruptcy reorganization or insolvency law by it in respect of itself or against it including, without limitation, the taking of any steps for the appointment of a receiver, trustee, administrator or similar officer to be appointed over its undertaking or assets or any part of them;
7.1.6. The Client performs a credit card chargeback. In this case, any Client accounts will be frozen and all positions will be closed at the end of the trading day in a manner prescribed by Ontega;
7.1.7. Ontega or the Client is requested to close out a position or any part of a position by any governmental or regulatory agency or authority;
7.1.8. Ontega considers it necessary for its own protection;
7.1.9. The Client acknowledges Ontega’s right to close out all or any part of any open position of the Client held by Ontega should a negative result of these positions lead to surpass the required Security Margin;
7.1.10. The Client who engages or suspected in what is deemed, illegitimate, unlawful, unethical system abuse, system arbitrage, quotation arbitrage or any other trade that may be deemed at one point or another as a violation of trading standards be it based on the amount of time the transaction was opened or by virtue of the fact that the trade was opened inadvertently at an incorrect price, time, or instrument; or
7.1.11. In general, any breach of the Agreement including but not limited to any call for Margin, if there is a change in Client’s creditworthiness, if necessary to prevent a prohibition of any applicable law, regulations or good practice or if you fail to provide any documentation that we may require for the purposes of AML/KYC.
7.2. If an Event of Default occurs then Ontega without notification to Client and in its absolute discretion can take such action as may be necessary to protect its position including but not limited to:
7.2.1. Closing one or more of Client’s trades;
7.2.2. Voiding or cancelling any of Client’s trades;
7.2.3. Cancelling any trades, orders or contracts or other commitments made with Client;
7.2.4. Closing or suspending Client’s account; and/or
7.2.5. Limiting Client’s access to the Trading Platform.
8. Force Majeure
8.1. Acts beyond our Control: Ontega are not liable for any loss or damage that the Client may suffer because of any: act of God; pandemics; power cut; trade or labor dispute, act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party or otherwise outside of Ontega control. In such an event, Ontega reserve the right to cancel or suspend Ontega services without incurring any liability.
8.2. Failure of Equipment: Ontega are not liable for the failure of any equipment or software howsoever caused, wherever located or administered, or whether under Ontega direct control or not, that may prevent the operation of the Services, impede the placing, amending or cancellation of trades or that prevent the Client from being able to contact Ontega or use the Trading Platform. the Client acknowledge that there may be delays in processing an order or instruction to amend or cancel a trade and that the Client remain liable for the original Trade until any relevant amendment or cancellation is received and processed.
9. Tape recording of Conversation
9.1. The Client understands and acknowledges that Ontega may record all telephone conversations between the Parties. Such recordings or transcripts thereof shall remain the property of Ontega and Client consents to their use as evidence by Ontega in any dispute or anticipated dispute between the Parties under this Agreement. Any such recordings or transcripts made by Ontega may be destroyed by it in accordance with its usual practice.
10.1. Ontega reserves the right to make changes to the Trading Platform, website, costs, fees, charges, commissions and Trading Conditions (i.e. leverage limits, executions rules, trading times) and to all guides and policies included on the Trading Platform or the Website, including this Agreement at any time. The Client will be subject to the guides, policies, conditions, trading conditions, fees and agreements in force at the time that the Client accesses the Trading Platform, place an order and/or enter into a trade. It is therefore the Client’s responsibility to check the guides, policies, Website, Trading Platform and this Agreement on a regular basis to ensure that the Client agrees with them. The Client’s continued use of the Services will be deemed to be the Client’s acceptance of any changes Ontega may make in accordance with this Clause.
11.1. Termination by Notice: Either Party may terminate this Agreement by providing the other party with a written notice, of at least seven (7) days prior to the intended termination date.
11.2. Ontega may terminate this Agreement immediately without giving the seven (7) days’ notice in the following cases:
11.2.1. An Event of Default;
11.2.2. Such termination is required by any competent regulatory authority or body;
11.2.3. Client violates any provision of this Agreement which in the Company’s opinion cannot be implemented or violates any law or regulation;
11.2.4. Client involves the Company directly or indirectly in any type of fraud;
11.2.5. Client is not acting in good faith and the Company has grounds to believe that;
11.2.6. Client’s trading activity affects in any way the reliability and/or operation of the Company; or
11.2.7. An unauthorized person is trading on behalf of Client.
11.3. It is noted that the Client shall need to proceed with the closing of any open trades prior to termination date. In such a case that the Client fails or omits to do so until the termination date in question, the Company will proceed with the closing of any open positions.
11.4. The Company reserves the right to keep Client’s funds if necessary, to close any further positions which already have been opened and/or pay any pending obligations of the Client under the Agreement.
12.1. The Agreement will be interpreted in accordance with the Laws of the Seychelles. For any disputes arising under this Agreement, the Parties hereby submit to the exclusive jurisdiction of the courts sitting in the Seychelles.