RSG Finance Ltd. and its subsidiary companies (collectively referred to herein as “EXCO”, “our”, “us”, “the company” or “we”) are committed to protecting the confidentiality and security of information we collect about consumers and our customers. We will not share nonpublic information about you (“Information”) with third parties outside of our securities affiliate’s clearing firm(s) without your consent, except for point 9.
1. By providing to the company your personal information such as Full Name, Mailing Address, ID number, Passport Number etc., you are providing the company with full consent to gather, utilize, store and protect the information provided in the manner described below.
2. The Company will collect personal information from clients under the below circumstances:
When opening a trading account with The Company (When filling in electronic registration forms).
When funding your personal trading account.
When withdrawing from your personal trading account.
3. The Personal Information that may be Collected Includes:
Personal Information such as Full Name, Address, Date of Birth, ID Number and Occupation.
Financial Information such as assets, investment experience and monthly income, in order to evaluate your trading experience.
When funding your account or withdrawing from your account, we may request documents such as a copy of an ID Document, Utility Bills and a Bank Statement.
4. The above information collected from clients, help The Company understand your financial needs, provide you with products and services suitable to your needs, process your account transactions in a timely manner as well as provide you with the highest level of customer support.
5. Clients willingly provide The Company with the personal information collected in the following ways:
On completion of electronic registration forms placed on the Company’s Website or on the Company’s Mini site(s).
When funding or withdrawing from trading accounts, clients voluntarily provide required documents.
When trading on the Company’s system.
When contacting The Company or responding to a promotion advertised.
7. The Company will utilize the information collected from clients for the following purposes:
To verify client’s identity.
To set up, maintain and manage clients’ personal trading account.
To process deposits and withdraws in clients’ personal trading account.
To keep clients up to date with news, updates and new promotions.
To analyze client activity in order to improve and provide clients with the best products and services.
To provide clients with top – quality customer support.
8. The Company does not share any client information with any affiliated or unaffiliated third parties. only under the below circumstances will client’s personal information be shared:
In order to open, operate and service your personal trading account, The Company may share information with service providers such as attorneys, accountants, auditors, and other financial professionals.
In order to protect against fraud, money laundering, unauthorized transactions, claims or other liabilities.
The company may share information with affiliates and introducing brokers, mainly for the calculation of these entities’ compensation.
1. The anti-money laundering (AML) and counter-terrorism funding policy of the “EXCO” (RSG Finance Ltd.), collectively referred to herein as “the company”, “our”, “us”, “we” or “EXCO”) is aimed at fulfilling the requirements of the rules and regulations that are internationally acceptable. The purpose is to ensure that our business is not used to facilitate money laundering and to comply with all applicable laws. The Company has a zero-tolerance policy for money laundering activities.
2. The Company takes AML very seriously and any deviance from our practices will result in immediate action. The Company reserve the right to refund, deny or withhold any deposit made against this policy, or is suspected according to the applicable law, to be AML related (such as transfer to or from a suspected jurisdiction etc.).
KYC Policies (Know Your Client)
KYC – identification and verification of new customers, deposits, transfers and withdrawals
1. In order to open up an account with The Company, the client must submit the following:
National I/D or Passport Number,
2. The client must also send a copy of his/her National I/D. The National I/D should contain the following (all or some, according to the Company’s discretion:
A photo of the holder,
the national I/D number,
the holder’s full name,
the holder’s father’s first name,
the holder’s mother’s first name,
the holder’s nationality and place of birth,
the holder’s date of birth,
the holder’s place of birth,
the holder’s sex,
the holder’s address,
the holders marital status,
the holder’s spouses details such as their National I/D number.
3. Further details and checks are performed upon Customer depositing Funds. All accounts opened must be in the same name as the funder of the account. The Company will accept no third party funding.
4. Verification against Credit Card slips or details supplied by The Company’s Credit Card handlers and/or verification against bank transfers from clients after a transfer and/or verification against actual cheques will be crosschecked against details already supplied by the customer. Only upon verification will the account be opened. Any discrepancy will not be tolerated and funds will be returned to sender in the same way that they were sent.
5. Credit Card deposits will be subject to our credit card clearing Company’s fraud and anti-money laundering procedures.
6. All client withdrawals will be only be permitted to exactly the same account and exactly the same name from which original customer funds were received. There will be no third-party transfers.
7. The funds will also be transferred in exactly the same way of the original funding of the account. For instance, withdrawals requested by a customer that transferred his original deposit via Credit Card will receive hi funds as a refund from his credit card, up to the maximum of his deposit.
8. Repeat credit card depositors or client depositing over $5,000 in total deposits will require further inspections.
9. Withdrawals will only take place after written and signed requests and copies identifying the bank account as the clients and corresponding to previously received documentation.
10. The Company will at its own discretion ask for further proof of identification should for any reason the Company employee’s suspicions arise.
11. Suspicious activity such as the method of deposit, suspicious circumstances such number of transfers will be monitored.
12. Verification will be performed at the account opening or within a reasonable time after the opening of the account. The methods will include document and non-document methods.
13. In circumstances where The Company cannot form a reasonable belief on the customer’s identity the account will not be opened. The Company customer account system does not allow for account opening unless verification has been done as per company policy.
14. Records will be maintained for 5 years of all identifying documents obtained from a customer – either a copy or a description of the document used to verify identification. Also to be kept will be any document which resolves any discrepancy discovered recording the identity.
15. Please note that for the purposes of KYC, RSG Finance Limited reserves the right to verify the documents up to 2 business days. RSG Finance Ltd may require clients to submit additional documents in a case where the above-mentioned documents are deemed insufficient.
16. Please note that RSG Finance reserved rights to request at any time any additional documents needed for the payment, deposit, withdrawal and/or refund verification process.
Detecting and reporting suspicious activity
17. Regarding high risk accounts appropriate extra due diligence procedures will be taken i.e. further documents, phone calls or meeting face to face with clients, bank references and certification of certain documents.
18. When deemed necessary we will perform additional monitoring of specific account activities.
19. We maintain systems and procedures to detect and require reporting of suspicious activity.
This Agreement sets forth the terms and conditions governing your trading account which you (hereafter called “Customer”) will open with RSG Finance Ltd. (hereafter called the “Company”) for the purposes of engaging in trading transactions in the CFD market.
RSG Finance Ltd is registered in Saint Vincent and the Grenadines under registration number 25143 IBC 2018. The registered office for RSG Finance Ltd is Suite 305, Griffith Corporate Centre, Kingstown, Saint Vincent and the Grenadines.
This Agreement includes the following annexes:
Terms of Business;
Risk Disclosure Statement;
forming an integral part hereof. Customer shall accept each annexe separately. Any references to the terms and conditions hereof shall include provisions contained herein, in annexes hereto, and in other rules, regulations and schedules established by Company for the purposes of cooperation with Customer. The Company may, in its sole discretion, modify or amend this Customer Agreement and annexes from time to time. All references to the terms and conditions of this Customer Agreement include the terms and conditions contained in this Customer Agreement and annexes hereto.
This Customer Agreement incorporates the Account Application Form (hereinafter “the Application”) which must be submitted to the Company together with this Customer Agreement. The Company shall rely on the information provided in the Application, and the Customer shall supply such information and guarantee that all such information is true, correct and accurate. The Customer shall undertake to inform the Company forthwith about any material changes in the supplied information.
PLEASE READ ALL OF THE MATERIAL CAREFULLY BEFORE YOU SIGN THE APPLICATION. YOU ALSO MUST SIGN THE ACKNOWLEDGEMENT PAGES WHERE INDICATED. TO OPEN A TRADING ACCOUNT THE COMPANY MUST RECEIVE ALL APPLICABLE COMPLETED AND SIGNED PAGES.
2. Definitions and Common Trading Terms
Definitions and common trading terms may be shown in bold or italics type the first time they are used in this Customer Agreement. The exact meanings of the defined terms used in this Customer Agreement are set out in Terms of Business (”Glossary of Terms”).
3. Scope of Customer Agreement
All Transactions and all Agreements entered into between Company and the Customer shall be governed by the terms of this Customer Agreement. Terms of any additional written statements of Company’s trading regulations or Company additional schedules which may from time to time be set forth or amended by the Company and which shall thereupon constitute an integral term of this Customer Agreement, except to the extent (if any) that Company shall agree or notify the Customer in writing that other or additional terms apply. Additionally, all transactions under this Customer Agreement shall be subject to the constitution, by-laws, rules, regulations, customs, usage, rulings and interpretations of the counterparty institution or other Interbank Market (and its clearing organization, if any) where such transactions are executed and to all applicable laws and regulations. If any statute shall hereafter be enacted or a rule or regulation shall hereafter be adopted which shall be binding upon Company and shall affect it in any manner or be inconsistent with any of the provisions hereof, the affected provision of this Customer Agreement shall be deemed modified or superseded, as the case may be by the applicable provisions of such statute, rule or regulation, and all other provisions of this Customer Agreement and provisions so modified shall in all respects continue in full force and effect. Customer acknowledges that all transactions under this Customer Agreement are subject to the aforementioned requirements and Customer shall not thereby be given any independent legal or contractual rights with respect to such requirements.
CFDs are not eligible for sale in certain jurisdictions or countries. All Agreements are not directed to any jurisdiction or country where its publication, availability or distribution would be contrary to local laws or regulations, including the United States of America. The Agreements do not constitute any offer, invitation or solicitation to buy or sell CFDs. The Agreements are not intended to constitute the sole basis for the evaluation of the Client’s decision to trade in CFDs.
Any proposals for, additions to, or modifications of this Customer Agreement, absent written agreement by an authorized person employed by Company to the contrary, are void and shall have no effect.
4. Services Rendered
Subject to the terms and conditions of this Customer Agreement, the Application accepted by the Company, the Company will maintain one or more trade accounts opened in Customer’s name, and make transactions with Customer in the CFD market. Unless expressly stated otherwise in a written agreement between the Parties, all transactions entered into between the Company and Customer shall be governed by the terms of this Customer Agreement, including the annexes hereto, as may be amended from time to time and any other rules, regulations and schedules established by the Company.
This Customer Agreement refers and extends to a potential dealing relationship between the Customer and Company in OTC non-deliverable Foreign Exchange (Currencies) on a Spot Settlement Basis as is commonly dealt in the international Interbank Market, and all other provisions of this Customer Agreement notwithstanding, the Customer agrees, understands and warrants that the dealing relationship between the Customer and the Company hereunder shall not extend at any time to the dealing, trading, brokering of or advice related to any exchange-listed, or off-exchange regulated commodity futures or options contract. Wherever the term(s) ”Currencies,” ”Foreign Exchange,” ”Foreign Currencies,” or ”Foreign Currency”, ”Indices”, ”Options”, ”Futures” are used in this Customer Agreement, Risk Disclosure Statement and/or Trading Rules or any annexes or exhibits the terms include transactions in the change in the price of OTC non-deliverable precious metals on a Spot Settlement Basis as they are commonly dealt in the International Interbank Market.
Subject to the terms and conditions of this Customer Agreement, the full completion of the Account Setup Requirements and acceptance of Customer’s Application to open a Trading Account with Company, Company will open and maintain Trading Account(s) in Customer’s name for the purpose of engaging in cash-settled transactions with and for Customer in CFD on a spot settlement basis including but not limited futures, options and other quotations that the Company may determine at its sole discretion, and provide such other services and products as Company may, in its sole discretion, determine to offer in the future. Unless expressly stated otherwise in writing, all Contracts and other transactions entered into between Company and Customer shall be governed by the terms of this Customer Agreement, including the Risk Disclosure Statement and Company Trading Rules, to the extent annexed hereto, and as amended from time to time.
The Company is not an investment advisor and does not give any trading or market recommendations, advice or instructions in its communications, including its online daily market analysis updates, which shall not be deemed to trading or market recommendations, advice or consultations on investments of any kind whatsoever.
The Customer shall not be entitled to ask the Company to provide investment advice or to make any statements of opinion to encourage the Customer to make any particular Transaction. The Company shall not provide physical delivery in relation to any Transaction. Profit or loss in the Currency of the Trading Account is deposited in/withdrawn from the Trading Account once the Transaction is closed.
The Company may from time to time and at its discretion provide information and recommendations in newsletters which it may post on its Website or provide to subscribers via its Website or otherwise. It will not be responsible for such information and recommendations and gives no representation, warranty or guarantee as to the accuracy, correctness or completeness, suitability or effect or consequences upon the Customer of such information and recommendations. It is provided solely to assist the Customer to make the Customer’s own investment decisions and does not amount to investment advice or unsolicited financial promotions to the Customer.
The Company reserves the right, at its discretion, at any time to refuse to provide the Services to the Customer and the Customer agrees that the Company will have no obligation to inform the Customer of the reasons.
The Customer Agreement will commence on the date on which the Customer receives notice from the Company as soon as the Company has received Account Application Form and other required information and documents from the Customer via e-mail or through the Trading Platform. The Customer warrants that before filling and providing the Company with Application Form has read, understood and unconditionally accepted this Customer Agreement including all annexes hereto. The Customer Agreement will continue unless or until terminated by either party in accordance with this Customer Agreement.
6. Trading Account
The Customer hereby instructs the Company to establish the Trading Account on Company’s books in the name of the Customer. The Customer acknowledges and accepts that the Trading Account will be maintained in U.S. Dollars or any other currency in accordance with the account type based on the terms provided by the Company unless otherwise agreed between parties in writing.
The Customer represents, warrants and undertakes that the Customer is acting for the Customer’s sole benefit and not for or on behalf of any other person or entity and all Transactions are and will be carried out for the sole benefit of the Customer.
The Customer is the only person or entity authorized or permitted to enter into transactions for the account. If the Customer appoints an agent, the Customer hereby acknowledges and agrees that he shall be solely responsible for all acts and/or omissions of the agent, and neither the Company nor any of its affiliates nor the officers, directors, managers, agents or employees of the Company or any Company’s affiliate shall be a liability to the Customer for any such actions or omissions, whether or not within the scope of the agent’s authorization.
If the Customer is more than one person, all such persons shall be jointly and severally liable for all obligations of the Customer under this Customer Agreement. In such event (unless otherwise agreed in writing between the Customer and the Company) the sole person or entity authorized to enter into or close out Transactions for the Trading Account is the first of such persons mentioned.
The Company shall not be obliged but has the right from time to time at its sole discretion to pay interest to the Customer on any funds that the Company holds. The Customer waives all rights to interest.
7. Conflicts of Interest
The Customer acknowledges that the Company and its Associated Companies provide a diverse range of financial services to a broad range of customers and counterparties and circumstances may arise in which the Company, the Company’s Associated Companies may have a material interest in a Bet with or for the Customer or where a conflict of interest may arise between your interests and those of other customers or counterparties or of ourselves.
The Company will take all reasonable steps to identify conflicts of interests between ourselves, the Company’s Associated Companies and Company’s customers, or between one customer and another, that arise in the course of providing our investment service. The following are examples of such material interests and conflicts of interests:
a. The Company may effect or arrange for the effecting of a Bet with you or on your behalf in connection with which the Company, the Company’s Associated Companies may have other direct or indirect material interests;
b. The Company may execute hedging transactions prior to (i.e. in anticipation of) or following receipt from you of a request, or information concerning a contemplated request, to open or close a Bet in order to manage the Company’s risk in relation to Bet(s) you are entering into or contemplating, all of which may impact on the price you pay or receive in relation to such Bet(s) and any profits generated by such hedging may be retained by the Company or an Associated Company without reference to you;
c. The Company may match your Bet with that of another customer by acting on its behalf as well as yours;
d. The Company may pay to and accept from third parties (and not be liable to account to you) benefits, commissions or remunerations which are paid or received as a result of Bets conducted by you;
e. The Company may make a market in Bets, which you enter into under this Customer Agreement;
f. The Company may deal in the Underlying Market to which your Bets relate as principal for own account or that of someone else;
g. The Company may give investment advice or provide other services to another customer about or concerning the Underlying Market in relation to which you enter into a Bet;
The Company is not under an obligation to disclose that the Company, the Company’s Associated Companies have a material interest in a particular Bet with or for you, or that in a particular circumstance a conflict of interest exists, provided the Company has managed such conflicts in accordance with internal policy. Where the Company does not consider that the arrangements under Company’s internal policy are sufficient to manage any particular conflict, the Company will inform you of the nature of the conflict so that you can decide how to proceed. The Company is not under any obligation to account to you for any profit, commission or remuneration made or received from or by reason of Bets or circumstances in which the Company, the Company’s Associated Companies or a have a material interest or where in particular circumstances a conflict of interest may exist.
The Customer acknowledges that the Customer is aware of the possibility that the conflicts disclosed in this Customer Agreement will arise and consent to us acting notwithstanding such conflict.
8. Representations and Warranties
As of the date hereof, the date of each Contract and other transaction in Customer’s Trading Account and any date on which Company’s Risk Disclosure Statement or Trading Rules are revised, updated or amended, Customer represents and warrants the following to the Company and agrees to the following for the benefit of the Company.
Customer is of sound mind, legal age and legal competence. Customer (if not a natural person) is duly organized and validly existing under the applicable laws of the jurisdiction of its organization.
Execution and delivery of this Customer Agreement and all Agreements and other transactions contemplated hereunder and performance of all obligations contemplated under this Customer Agreement and all Agreements and other transactions contemplated hereunder have been duly authorized by Customer.
Each person executing and delivering this Customer Agreement and all Agreements and other transactions contemplated hereunder on behalf of Customer performing the obligations contemplated under this Customer Agreement and any agreement and other transaction contemplated hereunder on behalf of Customer has been duly authorized by Customer to do so.
Execution and delivery by Customer of this Customer Agreement and all agreements and other transactions contemplated hereunder, and performance of all of Customer’s obligations contemplated under this Customer Agreement and any agreement and other transaction contemplated hereunder, will not violate any statute, rule, regulation, ordinance, charter, by-law or policy applicable to Customer.
The customer has full beneficial ownership of Customer’s Trading Account. The customer has not granted and will not grant a security interest in Customer’s Trading Account with Company (other than the security interest granted to the Company hereunder) to any person without Company prior written consent. The customer has full beneficial ownership of all Collateral as further defined below and will not grant any security interest in any Collateral to any person (other than the security interest granted to Company hereunder) without the prior written consent of the Company.
Customer will execute and deliver all documents, give all notices, make all filings and take such other actions, as Company, in its sole discretion, deems necessary or desirable to evidence or perfect any security interest in favour of Company or to protect Company’s interests with respect to any Collateral.
The customer has read and understands the Risk Disclosure Statement contained in this Customer Agreement. Customer will review Company’s risk disclosures, including, without limitation, Risk Disclosure Statement, each time they are amended. Customer will not affect any opening transaction in Customer’s Trading Account unless Customer understands Company revised risk disclosures, and Customer agrees that in effecting any opening transaction it is deemed to represent that it has read and understands Company revised risk disclosures as in effect at the time of such opening transaction.
The customer has read and understands the Trading Rules contained in this Customer Agreement. Customer will review Trading Rules each time they are amended. Customer will not affect any opening transaction in Customer’s Trading Account unless Customer understands revised Trading Rules, and Customer agrees that in effecting any opening transaction it is deemed to represent that it has read and understands revised Trading Rules as in effect at the time of such opening transaction.
Customer acknowledges that Customer has conducted simulated trading using the Company’s Trading Platform or such other platform as Company shall make available for a period that has allowed the Customer to develop a full understanding of the Company’s Internet Trading Platform or such other platforms as the Company shall make available for online trading of CFD real-time trading.
All information provided by Customer to the Company, including information regarding Customer’s trading experience and investment sophistication, is true, correct and complete, and Customer will notify Company in writing promptly of any changes in such information.
The Customer represents and warrants that in determining the Customer’s liquid assets the Customer included only those Assets that can be immediately (within one day’s time) converted to Cash. The Customer represents and warrants that the Customer has very carefully considered the portion of the Customer’s assets which the Customer considers to be risk capital. The Customer recognizes that risk capital is the amount of money the Customer is willing to put at risk. The Customer agrees to immediately inform the Company in writing if the Customer’s financial condition changes in such a way to reduce the Customer’s Net Worth, Liquid Assets and/or Risk Capital.
Customer further represents that it has full power and authority pursuant to governing agreements and otherwise to enter into this Customer Agreement and to engage in transactions in foreign currency of the kind contemplated herein.
The customer has not been given any warranties whatever as to the success of trading transactions in the CFD market by Company or any of its representatives or other authorized agents, if any, and has not entered into this Customer Agreement relying on, and/or being confident in obtaining said warranties or similar representations.
Customer acknowledges that it is Customer’s obligation to immediately notify the Company in writing if there is a change in Customer’s electronic mail address, or other location to which the electronic records may be provided. Customer acknowledges that it is Customer’s obligation to notify the Company in writing of the address or other location to which paper records may be provided, if necessary.
Conditions for trading transactions (currency pairs, indices, commodities, options, futures and other trading instruments; spreads, lot amounts, security requirements and other parameters) shall be established by the Company.
Conditions for trading transactions established by the Company are contained in the Trading Rules and/or schedules posted to Company’s official websites and/or otherwise brought to Customer’s attention. Company shall notify Customer of Company’s changes in conditions for trading transactions amid smooth market by means of early placement of changes on the Company’s official websites and/or otherwise.
Customer authorizes Company to purchase and sell physically settled and cash-settled CFDs on a spot basis for Customer’s Trading Account in accordance with Customer’s instructions received through the Company’s Online Trading System or via telephone to the Company’s Trading Desk, subject to the terms of this Customer Agreement, including the annexes hereto and the Application, including any applicable addenda thereto.
Customer agrees to be conclusively responsible for any instruction received electronically that is identified with Customer’s password and Trading Account number and for any electronic, oral and written instruction (including, but not limited to, any Order) to Company, in its sole judgment, believes are apparently authorized by Customer. If Customer’s Account is titled as a joint account, the Company is authorized to act on the instructions of any one owner, without further inquiry, with regard to trading in the Trading Account and the disposition of any and all assets in the Trading Account. The Company shall have no responsibility for further inquiry into such apparent authority and no liability for the consequences of any actions taken or failed to be taken by Company in reliance on any such instructions or on the apparent authority of any such persons.
The Company will make available, by posting on the Company’s Online Trading System or by telephoning the Company’s Trading Desk, Bid Prices and Ask Prices at which Company is prepared to enter CFDs with Customer. Each Bid Price or Ask Price shall be for a Spot Contract with a specified Value Date and shall specify each Eligible Foreign Currency or tradable U.S. Dollar-based currency pairs involved where applicable. The company expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by the Company and other sources.
When the Customer requests a market quotation from the Company, it may differ from the current price quoted by other sources, depending on the market condition. The Company expects that such quotations will adequately reflect current ask and bid prices in the market for similar transactions; however, a number of factors, such as communication system delays, high volumes or volatility, may result in deviations between prices quoted by the Company and other sources. The Company does not give any guarantee that its quotations will represent current ask and bid prices prevailing in the market but the Company makes every reasonable effort to represent the best ask and bid prices.
The Company makes no warranty, express or implied that Bid Prices and Ask Prices represent prevailing bid prices and ask prices; however, the Company makes every reasonable effort to represent such prices. In addition, these Bid and/or Ask Prices may reflect additional pips added to the Bid and/or Ask price that may result in an increase of the dealable spread available for the Customer’s Trading Account as well as a per trade or per lot commission and/or fees.
The company normally quotes bid prices (at which the Customer can offer to sell) and offer prices (at which the Customer can offer to buy) for each Transaction. The difference between the lower, bid, price and the higher, offer, price is the ”Spread.” For some Transactions, spreads may change frequently. In any event, the Company has the right to vary its spreads at any time in its absolute discretion without notice. Prices quoted by Company are set by Company in its absolute discretion. The Customer may only offer to enter into a Transaction at the price currently quoted by Company. A price may change or cease to be valid at any time after it has been quoted and before the Customer’s offer to enter into a Transaction is accepted. In the case of the difference between the market current quotation and the Company’s spot price, the Company may offer a new spot price and the Customer is obliged to accept the transaction or refuse from such acceptance.
The Company will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the Company’s Online Trading System or via telephone to the Company’s Trading Desk. In cases where the prevailing market represents prices different from the prices Company has posted on Company’s screen, Company will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. These prevailing market prices will be the prices, which are ultimately reflected in the Customer Statements. This may or may not adversely affect customer realized and unrealized gains and losses. All Contracts made and entered into by the Company hereunder will be entered into by the Company as principal. Customer acknowledges, understands and agrees that Company is not acting as a broker, intermediary, agent, and advisor or in any fiduciary capacity.
Customer acknowledges, understands and agrees that all non-market orders such as Limit Orders, Stop/Loss Orders, One Cancels the Other Orders, Day Only Orders, and Good till Cancelled Orders, are accepted by Company and undertaken on a “best-efforts basis” in accordance with the relevant provisions of the Trading Rules, as amended from time to time.
The Company or its affiliates may, at a future date, establish a trade matching system or determine to route Customer’s orders to a trade matching system operated by third parties. In that event, Company, and/or any one or more of its affiliates, shall have the right (but not the obligation), in the sole discretion of Company or any such affiliate, to act for its own account, and as a counter party or as a broker to Company customers, in the making of markets and the purchase and sale of CFDs via any medium, including without limitation, over any trade matching network in use by Company customers and/or the general public.
As the Company does not control signal power, data transmission and receipt via Internet, or configuration of the Customer’s computer equipment and reliability of its connection, the Company cannot be held responsible for any data communication failure, distortion or delay when the Customer trades on-line (via Internet). Trading through the Company’s trading system may differ from trading by telephone or through other electronic trading systems. When the Customer makes transactions through the electronic trading system, the Customer is exposed to the risks inherent in the system, such as the failure of equipment, software, or Internet connection, and the Customer’s personal computer security. The Company shall have no responsibility for delays in the transmission of orders due to disruption, failure or malfunction of communications facilities and to any reasons beyond its control and shall not be liable for any claims, losses, damages, costs or expenses, including attorneys’ fees, to any person or entity arising other than as a direct result of Company’s gross negligence. Any disputes arising out of such quoting errors shall be settled by negotiations.
Any transactions entered into and made with the Company shall be concluded with the Company as a market maker except for the Company’s external market transactions. The Customer acknowledges, understands and agrees that the Company shall not act as a broker, intermediary, agent, and advisor or in any fiduciary capacity. The Customer acknowledges, understands and agrees that the Company reserves the right to refuse to accept any order; all orders shall be executed in compliance with the Trading Rules; the Company may cancel any erroneous transaction resulting from mistaken (nonmarket) quotation, transmission errors, illegal network interventions, internet failures, interruptions or any other reasons.
The Customer acknowledges that he understands and fully and solely assumes the risks involved in providing telephone instructions, including the risks of the possible misunderstanding of the Customer’s instructions, impostures and/or false identification of the Customer on the phone.
The Company shall in its discretion keep a record of all transactions made by the Customer. The records of the Company shall be final and binding upon the Customer in any disputes, including legal proceedings, and shall serve as the best evidence.
The customer knows and does not object that the Company may, at its sole discretion and option, record telephone conversations with Customer; such recordings will be confidential and may be used exclusively as evidence, should disputes and conflicts arise.
The customer knows and does not object that the Company may, at its sole discretion and option, archive and save any correspondence with Customer, including electronic correspondence; such recordings will be confidential and may be used exclusively as evidence, should disputes and conflicts arise.
The Customer acknowledges that he understands and fully and solely assumes the risks involved in providing telephone instructions, including the risks of a possible misunderstanding of the Customer’s instructions, impostures and/or false identification of the Customer on the phone.
Customer acknowledges and agrees that all conversations between Customer and Company personnel, including but not limited to principals, agents, employees or associates, may at the sole option and discretion of Company, be recorded electronically with or without the use of an audible, automatic warning tone. Customer further agrees to the use of such recordings and transcripts thereof as evidence by either Party in connection with any dispute or proceeding that may arise involving Customer or Company. Customer understands that Company destroys such recordings at regular intervals in accordance with Company established business procedures and at its sole discretion, and Customer.
9.4. Limits and Margin
The Company reserves the right to limit the number of Open Positions that Customer may enter or maintain in Customer’s Trading Account. Company reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
The Company reserves the sole discretionary right to limit the number of Open Positions which Customer may enter, acquire or maintain with the Company, to refuse acceptance of any Order entered by Customer or to alter its dealing relationship with the Customer to include or exclude use of any electronic trading network or other trade execution method in any manner and to any extent.
Customer shall provide to and maintain with the Company Margin in such amounts and in such forms, and within such limits as the Company, in its sole discretion, may from time to time require. Margin requirements, including Initial (Opening) Margin and Maintenance Margin requirements, are at Company’s discretion. The Company may change Margin requirements at any time without prior notice.
CUSTOMER AGREES TO MAINTAIN SUFFICIENT MARGIN IN CUSTOMER’S TRADING ACCOUNT WITHOUT NOTICE FROM THE COMPANY.
Such first Initial (Opening) Margin may be made by bank transfer or credit card payment or such other method as may be agreed between the Company and the Customer. Such first deposit together with subsequent Margin made by the Customer from time to time and any profits and losses from existing open and closed Transactions, credits and debits from daily rollovers, and charges from commissions, if applicable, shall serve as the guarantee for the performance of Transactions in the Trading Account. Please note the Company will not accept any third party payments made in respect of funding your account. Similarly, the Company will not pay out any funds from your account to any third party. If the Customer fails to provide any Margin, deposit or other sum due in respect of any transaction Company may close all Open Positions without prior notice and in such case, any sums referred to therein which are not denominated in the Currency of the Trading Account shall be treated as if they were denominated in the Currency of the Trading Account by converting them into the Currency of the Trading Account at the relevant exchange rate for spot dealings in the CFD market.
It is the Customer’s responsibility to notify the Company as soon as the Customer believes that the Customer will be unable to meet a Margin payment when due.
In the event that Customer directs the Company to sell any Margin, Collateral, Contract or other property and the Company is unable to deliver such Margin, Collateral, Contract or other property to a purchaser because Customer fails to deliver it to the Company, the Company may borrow or purchase any Margin, Collateral, Contract or property necessary to make such delivery, and Customer hereby agrees to guarantee and hold the Company harmless against any liability, claim, loss, damage, cost or expense, including attorneys’ fees that the Company may sustain.
The Company is not obliged to make Margin Calls for the Customer. The Company is not liable to the Customer for any failure by the Company to contact or attempt to contact the Customer.
The amounts payable under the Operative Agreements are automatically converted by the Company into the Currency of the Trading Account at the relevant exchange rate for spot dealings in the CFD market. If the aggregate amount payable under the Operative Agreements by the Customer equals the aggregate amount payable under the Operative Agreements by the Company, then the obligations to make payment of any such amount will be automatically satisfied and discharged.
If the aggregate amount payable under the Operative Agreements by one party exceeds the aggregate amount payable under the Operative Agreements by the other party, then the party with the larger aggregate amount shall pay the excess to the other party and all obligations to make payment will be automatically satisfied and discharged.
The Customer obligations to pay any due amount shall include all commissions, charges and other costs determined by the Company.
9.6. Transfer of Funds
All transfers of funds shall be made at the Customer’s expense. The customer knows and accepts the condition that in case of funds withdrawal from Trading Account the Company will deduct from Customer’s funds the amounts required to cover Company’s expenses related to the funds transfer.
The Customer agrees that the Company shall charge a commission for each bank transfer to cover the transfer costs.
Transfers to any third parties shall NOT be permitted. All other transfers must be in the name of the holder of the account.
Customer agrees hereby that Company may at any time, in the sole judgment of the Company, apply and transfer from Customer’s account to any of Customer’s other accounts held with the Company or an affiliate of the Company or other approved financial institution or its associates any of the money, currencies or other property of Customer held either individually or jointly with others to another regulated account of the same said Customer.
Basic settlement currencies for monetary relations between the Company and Customer shall be U.S. Dollars. Settlements in other currencies shall be made exclusively at the sole discretion of the Company. Customer understands that if it is necessary to convert currencies for the purposes of monetary relations between Company and Customer, such actions will be made by Company at Customer’s expense by deducting from Customer’s funds the amounts required to cover Company’s expenses related to such conversion.
10. Risk Acknowledgements
CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT TRADING AND INVESTMENT IN LEVERAGED CFD CONTRACTS IS HIGHLY SPECULATIVE, INVOLVES AN EXTREME DEGREE OF RISK, AND IS GENERALLY APPROPRIATE ONLY FOR PERSONS WHO CAN ASSUME RISK OF LOSS IN EXCESS OF THEIR MARGIN DEPOSIT.
Customer understands that because of the low margin / high leverage normally available in CFD trading, price changes in CFD may result in significant losses. Such losses may substantially exceed Customer’s investment and Margin deposit. By Customer directing Company to enter into any leveraged CFD Contract, any profit or loss arising as a result of a fluctuation in the exchange rate affecting such Currency will be entirely for the Customer’s account and risk, all initial and subsequent deposits for Margin purposes shall be made in U.S. Dollars or in other currency in accordance with the type of Trading Account and its currency, in such amounts as Company may in its sole discretion require; and Company is authorized to convert funds in Customer’s account for Margin into and from such account currency at a rate of exchange determined by Company in its sole discretion on the basis of the then prevailing money market rates. Customer warrants that the Customer is willing and able, financially and otherwise, to assume the risk of leveraged CFD trading. In consideration of Company carrying his/her Account(s), Customer agrees not to hold Company responsible for losses incurred through following its trading recommendations or suggestions or those of its employees, agents or representatives. Customer recognizes that guarantees of profit or freedom from loss cannot be given and it is impossible to predict performance in leveraged CFD trading. Customer acknowledges that Customer has received no such guarantees from Company or from any of its representatives or any Introducing Broker or other entity with whom Customer is conducting his/her Company account and has not entered into this Customer Agreement in consideration of or in reliance upon any such guarantees or similar representations. All transactions effected for Customer’s Trading Accounts and all fluctuations in the market prices of the Contracts carried in Customer’s Trading Accounts are at Customer’s risk, and Customer shall be solely liable therefore under all circumstances. Customer represents and warrants that Customer is willing and financially able to sustain such losses and that the trading of leveraged CFD is a suitable investment vehicle for the Customer. The Company is not responsible for delays or partial or total failures in any online (electronic) Trading Platforms or any communications facility or other causes beyond the Company’s reasonable direct control.
The Customer understands and recognizes that the transactions to be conducted pursuant to this Customer Agreement are NOT conducted on a Regulated Market or Exchange. Customer represents that it is aware of the risks inherent in the trading of leveraged CFD and is financially able to bear such risks and withstand any losses incurred.
11. Fees, Commissions and Charges
The Customer shall be obliged to pay the Company the commissions, charges and other costs set out in the Contracts Specifications. The Company will display all current commissions, charges and other costs on its Website.
The Company may vary commissions, charges and other costs from time to time without prior notice to the Customer. All changes in commissions, charges and other costs including the changes in rollover/interest policy, which are displayed on the Website.
The Customer realizes that the Company derives compensation from the spread. The Company may charge for incidental banking costs, such as charges for bank transfers in the event of withdrawal of funds. The Company reserves the right to change its existing incidental fee structure at any time and without notice. When trading transactions are conducted with CFD instruments, Company charges Customer a commission, which may be determined by Company per each instrument separately. The Company reserves the right, at its sole motivated discretion, to introduce changes in the existing structure of commissions and fees. The Company is not a tax agent as related to Customer; hence, it does not withhold any amounts for the purposes of Customer’s taxation.
The Company will not be under any obligation to disclose to, or to account to the Customer for, any profit, benefit, commission or other remuneration made or received by the Company due to any Transaction or investment, unless otherwise agreed in the Operative Agreements.
Customer acknowledges and agrees that the Company will deduct commissions/fees from Customer’s Trading Account(s), which will reduce account value. The Company reserves the right to liquidate positions if commissions or other charges cause a Margin deficiency. Before you begin trading with the Company, you should obtain a clear explanation of all charges (i.e. commissions, fees, spreads, markups and markdowns, etc.) for which you will be held legally responsible to pay. These charges will have a direct effect on the net results of your trading strategy. Frequent trading will result in increased charges that will have an overall effect on your trading performance.
The VPS Server (VPS) service from EXCO Trader is available free of charge to EXCO Customers if they trade at least 3 lots in a given month. If the trading volume on the Customer’s Accounts in a given month is less than 3 lots, a fee of USD 20 will be charged from the Customer’s accounts for the use of the VPS. The fee will be charged from the Customer’s Account within 6 months after the end of a given month of using the VPS.
12. Customer’s Money
The Customer may deposit funds into the Trading Account at any time. Customer shall deposit funds to their trade account with the Company by cashless transfer to Company’s settlement account or in other form determined by the Company at its sole discretion.
Customer may withdraw funds deposited to their trade account and/or profit gained through trading transactions from any of their trade accounts to Customer’s bank accounts or to any other payment service provider accounts by virtue of which the Customer credit its account. Transfer (Withdrawal) of funds to accounts of any third party is not allowed.
Customer shall withdraw funds from their trade account in accordance with the effective rules and regulations established by the Company.
Per a general rule, funds may be withdrawn from trade accounts in any amount; still, to keep the account active, Customer is required to comply with the open position collateral requirements.
It is not Company’s obligation but the Company has the right from time to time at Company’s sole discretion to pay interest to you on any of your money that the Company holds and by entering into this Agreement, you acknowledge that you, therefore, waive any entitlement to interest on such money.
If there has been no trading activity on (any of) the Customer´s Trading Account(s) for a period of 2 months (effective from the last trade and starting the day thereafter), an Inactivity Fee will be imposed. The fee will be deducted on a monthly/quartly/yearly basis on any positive balance of the Customers´s Trading Account(s). The fee will be imposed on each and every separate inactive Trading Account. To be clear, the fee(s) will be deducted on an account basis and not on a customer basis. Company will not charge Customers´s inactive Trading Account(s) if they do not have a positive balance. Customers`s Trading Account balance will not go below zero. However, if the positive balance is less than the monthly inactivity fee, Company will deduct the full remaining amount of funds held in Customers´s Trading Account(s) balance. All Trading Accounts that have been inactive more than 2 months and has or reaches a balance of zero, will be archived. Should the Customer choose to reactivate his/her Trading Account by trading again, the inactivity fee for up to one previous months where there has already been a deduction will be refunded to his/her Account. Should the Customer qualify for any of the said refund(s) it will be made on an account basis. The Inactivity Fee is USD 2 per day.
13. Confirmations and Reports
Confirmation of trades will be made online as the trades are executed and should immediately be reflected in the Customer’s Trading Platform.
Reports and all online position windows and statements of Accounts for Customer shall be deemed correct and shall be conclusive and binding upon Customer if not objected to by telephone immediately upon receipt and such objection is confirmed in writing within two (2) Business Days after the transmission to Customer or if the Company does not change the confirmed execution price and details. The Company reserves the right to change confirmed rates, prices or trade details of executed and confirmed deals if the Company determines the electronic or verbal price or details from that deal were executed in error. Margin Calls or trade corrections shall be conclusive and binding unless objected to immediately by telephone, fax or email.
Conditions and other data as to conducting each trade shall be set forth in the confirmation sent to Customer electronically and is evidence of the completed transaction. If for some reason Customer did not receive confirmation, including due to a computer bug, the transaction will not be void, and records made by Company in connection with this transaction will serve as indisputable evidence of conditions and other data of the transaction conducted. Transactions conducted on-line via the electronic trading platform will be confirmed on-line as the trade is executed, and transactions conducted over the telephone will be confirmed verbally as the trade is executed, on-line on the screen of the trading terminal and in the form of statements sent electronically to 24:00 hrs. (Central European Time) of the day when the Transaction is executed.
Statements will be sent to Customer monthly, electronically to Customer’s e-mail indicated by them when executing the Customer Agreement. Confirmations and changes per Customer’s account shall be deemed correct, and become final and binding for Customer upon expiration of 2 (two) Business Days after being sent to Customer electronically or via e-mail. Customer’s objections as to the information contained in confirmations, account statements, and other information having to do with Customer’s account shall be made in writing or in the form of an electronic document and must contain sufficient information so that the issue or error could be detected.
Customer understands and acknowledges that oral information provided by the Company to Customer regarding confirmations of trades and statements of Trading Account may be unverified and incomplete due to delays in transmission and other factors beyond Company’s reasonable control. The customer therefore acknowledges and agrees that any reliance upon such oral information is at Customer’s risk and Customer further agrees to immediately bring to Company’s attention any such oral information which Customer has reason to believe is inconsistent with Customer’s own information. No provision of this Customer Agreement shall operate to prevent Company from correcting any error or omission upon discovery. The Customer agrees that such errors, whether resulting in a profit or loss, shall be corrected and Customer’s Trading Account will be credited or debited in such manner and extent as to place the Trading Account in the same position in which it would have been had the error not occurred. The Company reserves the right to be the final arbiter relating to disputed Orders.
Customer is entitled to object to the confirmation and other statements via e-mail or through the personal area of the Company’s Internet Trading Platform within the time frames above indicated, but any of such claims must be duplicated and sent to the Company via e-mail or regular mail within 2 (two) subsequent business days. Absence of claims within said period shall mean that Customer confirms the correctness of any actions of the Company made prior to receipt of such statements by Customer. Customer’s failure to receive a confirmation shall not relieve Customer of the obligation to object as set forth herein. Customer agrees to promptly notify the Company of any information received from Company that Customer for some reasons thinks contradicting Customer’s proper information. Customer understands, confirms and realizes that errors, whether resulting in a profit or loss, shall be corrected, and Customer’s account will be credited or debited in such manner and extent as to place the account in the same position in which it would have been had the error not occurred. In terms of receipt of confirmations and/or statements, the operation of this paragraph does not extend to relations that involve electronic document management with the use of elements of strict identification/authentication and/or electronic digital signature.
Customer’s reports, statements, notices and any other outbound communications will be available online in the Private Office and in the Internet Trading Platform and Customer monthly statements will be available by posting e-mail fixed in the records of the Company.
We are not obliged to send you a paper copy of messages, reports, statements, notices sent to you by email or posted to Company’s Website/Internet Trading Platform. Sending messages, reports, statements, notices to you by email or by posting it to Company’s Website/Internet Trading Platform in a durable medium fully complies with all Company’s obligations under the Customer Agreement.
Reports, statements, notices and any other communications may be transmitted to Customer at the address set forth herein, or to such other address as Customer may from time to time designate in writing to the Company. All communications sent, whether by mail, telegraph, e-mail, fax, messenger or otherwise, shall be deemed transmitted by the Company when deposited in the mail, or when received by a transmitting agent, or communications or recording device, designated by Customer or otherwise within Customer’s actual or constructive control, and such communication shall be deemed delivered to Customer personally, whether actually received by Customer or not, and Customer hereby waives all claims resulting from failures to receive such communications. All communications sent by Customer shall not be deemed effective until accepted by the Company. Customer shall notify the Company immediately in writing of any change in Customer’s address by e-mail to .
All contact details provided by the Customer, e.g. address, email address or fax number as last notified will be used as applicable. The Customer agrees to accept any notices or messages from the Company at any time.
The customer undertakes to promptly notify the Company of any change in their mailing or e-mail address by sending a message to the Company via e-mail, by mail or other correspondence courier service.
Any outbound correspondence of the Company shall be deemed transmitted to Customer and in force when transferred to a mail service for delivery or another courier service, or when received by a transmitting agent (e.g. an Internet service provider) to be re-sent to Customer, whether actually received by Customer or not.
Neither the Company nor any of its affiliates, officers, directors, managers, employees or agents shall be liable for any loss, damage or debt to the Customer arising directly or indirectly out of or in connection with this Customer Agreement or any Transaction, except in the event of gross negligence or wilful misconduct on the part of the Company, its affiliates, officers, directors, managers, employees or agents.
The Customer agrees to indemnify and hold Company, and Company’ affiliates, officers, directors, managers, employees, agents, successors and assigns (”Indemnified Persons”), harmless from and against any and all liabilities, losses, damages, costs and expenses (including reasonable attorney’s fees) incurred by the Indemnified Persons and each of them arising out of the Customer’s failure to comply with any and all of its obligations set forth in this Customer Agreement and/or Company’ enforcement against the Customer of any and all of its rights under this Customer Agreement.
Except as otherwise expressly stated herein, Customer also agrees to pay promptly to Company all damages, costs and expenses, including attorney’s and other professional fees, incurred by Company in the enforcement of any of the provisions of this Customer Agreement, any other agreements between Company and Customer, and any Contracts and other transactions hereunder.
The Customer acknowledges and agrees that any oral information is given to the Customer concerning the Account, if given, may be unverified and incomplete and that any reliance on such information is at the Customer’s sole risk and responsibility. The company makes no warranty, express or implied, that any pricing or other information provided by it, through the Trading Platform or by telephone or otherwise is correct or reflects current market conditions. Furthermore, Company does not make any warranty or guarantee with respect to the Trading Platform and/or its content, including but not limited to, warranties for merchantability or fitness for a particular purpose. If a quoting error (known to the Customer or of which the Customer should reasonably have been aware) occurs due to a mistake by Company or due to a computer or system malfunction, Company will not be liable for any resulting errors in the Customer’s Account balances. Company reserves the right to make such corrections or adjustments to the Account involved in any such error, as it considers appropriate in its discretion. Any dispute arising from such quoting errors will be resolved based on the fair market value of the underlying product at the time the error was made.
To avoid misinterpretation of this Customer Agreement, Company shall not be responsible for:
a. any damage caused, directly or indirectly, by any events, actions or omissions beyond the control of Company, including delays in transmission of orders due to disruption, failure, or malfunction of communication or data transmission facilities, delay or distortion in the transmission of orders and/or information due to a breakdown in or failure of transmission or communication systems, power supply interruption, damage to the Customer’s computer or related equipment through a software application or other causes beyond the control of Company;
b. any loss or damage resulting, directly or indirectly, from any claims, losses, damages, costs and expenses, including attorney’s fees, to any natural person or entity, arising other than as a direct result of gross negligence or malfeasance committed by Company, and under no circumstances shall Company be responsible for consequential or special damages. Company shall not be liable for any claim, loss or damage arising from any actions by any agent or by the Customer.
Customer confirms that they conduct transactions exclusively at their own expense and risk and have no arrangements with any of Company’s employees or its agents in terms of conducting transactions per Customer’s account, including arrangements that guarantee profit or limitation of loss per Customer’s account. No arrangement or promise of this kind was authorized or is legal. Customer understands that they undertake to promptly notify Company in writing of any arrangement or promise of this kind with any person stating or allegedly acting on behalf of Company. Moreover, Customer understands that any promise made by anyone regarding Customer’s account, that differs from statements Customer receives from Company, must be immediately brought to the attention of Company in writing. Customer understands that they undertake to authorize any transactions prior to the execution thereof, and any disputable transactions must be brought to the attention of Company. Customer agrees to indemnify and hold Company harmless for any damage, which may arise because of Customer not notifying Company promptly of any above event.
16. Intellectual property and Confidentiality
The Customer shall not have any rights to the Trading Platforms, except for the right to have access to and use the Platform for the purposes set forth in this Customer Agreement. The Customer acknowledges that the Trading Platform is confidential and is a property of Company and those significant intellectual resources, time; efforts and money have been spent for its development. The Customer may not copy, reproduce, modify, decompile, reverse engineer or convert the trading platform or the manner in which it operates.
All copyright, trademark, trade secrets and other intellectual property rights in the Company Trading System or Company Online Trading System (“Trading System(s)”) shall remain at all times the sole and exclusive property of the Company and/or its 3rd party service providers and Customers shall have no right or interest in the Trading System(s) except for the right to access and use the Trading System(s) as specified herein. Customer acknowledges that the Trading System(s) are confidential to the Company and/or its 3rd party service providers and have been developed through the expenditure of substantial skill, time, effort and money. The Customer will protect the confidentiality of the Company and/or its 3rd party service providers by allowing access to the Trading System(s) only by its employees and agents on a need to access basis. Customer will not publish, distribute, or otherwise make information available to third parties any information derived from or relating to the Trading System(s). Customer will not copy, modify, decompile, reverse engineer, and make derivative works of the Trading System(s) or in the manner in which it operates.
The information, which the Company holds about the Customer is confidential and will not be used for any purpose other than in connection with the provision of the Services. Information of a confidential nature will be treated as such provided that such information is not already in the public domain. Information of a confidential nature will only be disclosed to any person other than an Affiliate of the Company, in the following circumstances:
(a) where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over the Company (or any respective associate);
(b) to investigate or prevent fraud or other illegal activity;
(с) to any third party in connection with the provision of Services to the Customer by the Company;
(d) he initiation by a third party of proceedings for the Customer’s bankruptcy (if the Customer is an individual) or for the Customer’s winding-up or for the appointment of an administrator or receiver in respect of the Customer or any of the Customer’s assets (if the Customer is a company) or (in both cases) if the Customer makes an arrangement or composition with the Customer’s creditors or any procedure which is similar or analogous to any of the above is commenced in respect of the Customer;
(e) where any representation or warranty made by the Customer in clause 8 is or becomes untrue;
(f) the Customer is unable to pay the Customer’s debts when they fall due;
(g) the Customer (if the Customer is an individual) dies or becomes of unsound mind; or
(h) any other circumstance where the Company reasonably believes that it is necessary or desirable to take any action set out thereinafter.
If an Event of Default occurs the Company may, at its absolute discretion, at any time and without prior notice, take one or more of the following steps:
a. close or part-close all or any of your Bets at a Closing Level based on the then prevailing quotations or prices in the relevant Underlying Markets or, if none, at such levels as the Company considers fair and reasonable and/or delete or place an Order on your account with the aim of reducing your exposure and the level of Deposit/ Margin or other funds owed by you to us;
b. convert any Currency balances on your account into another Currency;
c. debit the Customer’s Trading Account(s) for the amounts which are due to the Company;
d. retain any funds, investments (including any interest or other payment payable thereon) or other assets due to you, and sell them without notice to you at such price and in such manner as the Company, acting reasonably, decide, applying the proceeds of sale and discharging the costs of sale;
e. close any or all of the Customer’s Trading Accounts held with the Company;
f. refuse to open new Trading Accounts for the Customer.
You acknowledge and agree that inclosing out Bets under this clause, it may be necessary for the Company to ’work’ the order. This may have the result that your Bet is closed out in tranches at different bid prices (in the case of Sells) or offer prices (in the case of Buys), resulting in an aggregate closing level for your Bet that results in further losses being incurred on your account. You acknowledge and agree that the Company shall not have any liability to you as a result of any such working of your Bets.
If you have failed to make a payment when due the Company may at our absolute discretion at any time and without prior notice inform your partner, employer, any professional, regulatory or other organization with which you are associated or any person who the Company believes to have an interest in knowing such facts of the amount of such overdue sum, the fact you have failed to make a payment and any other relevant facts or information. By entering into this Customer Agreement, you expressly consent to any disclosure of this data by the Company in the circumstances set out herein.
17. Amendments and Termination
Customer understands, acknowledges and agrees that relations hereunder are of continuous character; with a view to that, events may occur such as changes in market circumstances and conditions, changes in normal business customs and practices currently existing in the market, other circumstances and conditions relevant for Company and affecting the Company’s operations.
With a view to the above said, the Company reserves the right to introduce amendments at any time or change this Customer Agreement, including all and any annexes thereto, and change the sequence of work and operations. The Company will notify Customer of any amendment or change by posting such amendment or change to its official website at https://www.excotrader.com and/or notifying Customer accordingly via e-mail.
Customer agrees that said amendment or change shall come into force and become binding not earlier than 10 (ten) days after the Company posted a notification of such amendment to its official website at https://www.excotrader.com and/or notified Customer of such change via e-mail. Customer understands that the rules set forth in this paragraph shall not extend to the terms of Force-Majeure market condition.
This Customer Agreement shall continue in effect until termination and may be terminated by Customer at any time when Customer has no open positions and/or no liabilities held by or owed to the Company, upon the actual receipt by the Company of written notice of termination with 3 (three) days prior to termination in writing via e-mail, by mail or any other correspondence courier service in accordance with the provisions set forth in clause 14 hereof. This Customer Agreement may be terminated by the Company at any time whatsoever upon the transmittal of written notice of termination to Customer; provided, that such termination shall not affect any transactions previously entered into and shall not relieve either party of any obligations set forth in this Customer Agreement. Any such notice of termination by the Customer shall not relieve Customer of any obligations arising out of any deficit balance.
Any such termination will not affect any obligation, which has already been incurred by either the Customer or the Company in respect of any Open Position or any legal rights or obligations, which may already have arisen under the Operative Agreements or any Transactions and deposit/withdrawal operations made thereunder. Termination by any party shall not extend to any contract or other prior transactions conducted, and shall not relieve any party from its respective obligations hereunder.
Upon termination of this Customer Agreement, the Company will be entitled without prior notice to the Customer to cease to grant the Customer access to the Trading Platform.
Upon termination of this Customer Agreement, all amounts payable by the Customer to the Company will become immediately due and payable including (but without limitation):
(a) all outstanding fees, charges and commissions;
(b) any dealing expenses incurred by terminating this Customer Agreement and charges incurred for transferring the Customer’s investments to another investment firm; and
(c) any losses and expenses realized in closing out any Transactions or settling or concluding outstanding obligations incurred by the Company on the Customer’s behalf.
18. Manifest Error
The Company reserve the right to, without Customer’s consent, either void from the outset or amend the terms of any Bet containing or based on any error that the Company reasonably believe to be obvious or palpable (a ”Manifest Error”). If in Company’s discretion, the Company chooses to amend the terms of any such Manifestly Erroneous Bet, the amended level will be such level as the Company reasonably believes would have been fair at the time the Bet was entered into. In deciding whether an error is a Manifest Error the Company must act reasonably and the Company may take into account any relevant information including, without limitation, the state of the Underlying Market at the time of the error or any mistake in, or lack of clarity of, any information source or pronouncement upon which the Company bases its quoted prices. Any financial commitment that the Customer has entered into or refrained from entering into in reliance on a Bet with the Company will not be taken into account in deciding whether or not there has been a Manifest Error. In the absence of willful default or fraud by the Company we will not be liable to the Customer for any loss, cost, claim, demand or expense following a Manifest Error (including where the Manifest Error is made by any information source, commentator or official upon whom we reasonably rely).
If a Manifest Error has occurred and the Company chooses to exercise any of Company’s rights under this clause, and if you have received any monies from the Company in connection with the Manifest Error, the Customer agrees that those monies are due and payable to the Company and the Customer agrees to return an equal sum to the Company without delay.
19. Force Majeure
The Company may, in its reasonable opinion, determine that an emergency or an exceptional market condition exists (a ”Force Majeure Event”), in which case the Company will, in due course take reasonable steps to inform the Customer. A Force Majeure Event will include, but is not limited to, the following:
(a) any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, act of terrorism, war, industrial action, acts and regulations of any governmental or supranational bodies or authorities) that, in our opinion, prevents the Company from maintaining an orderly market in one or more of the Indices in respect of which the Company ordinarily accepts Bets;
(b) the suspension or closure of any market or the abandonment or failure of any event upon which the Company bases, or to which the Company in any way relates its quote, or the imposition of limits or special or unusual terms on the trading in any such market or on any such event; or
(с) the occurrence of an excessive movement in the level of any of Company’s Indices and/or any corresponding market or Company’s anticipation (acting reasonably) of the occurrence of such a movement;
(d) any breakdown or failure of transmission, communication or computer facilities, interruption of power supply, or electronic or communications equipment failure; or
(e) the failure of any relevant supplier, broker, agent or principal of ours, exchange, clearing house or regulatory or self-regulatory organization, for any reason to perform its obligations.
If the Company determines that a Force Majeure Event exists the Company may at its absolute discretion without notice and at any time take one or more of the following steps:
(a) increase Customer’s Margin requirements;
(b) close any or all of Customer’s open Bets, other than any Controlled Risk Bet, at such Closing Level as the Company reasonably believes to be appropriate (and, in the case of a Controlled Risk Bet, where there is no quotation available, the Company may close any such Bet at the time when the Company reasonably believes that, but for the existence of the Force Majeure Event, the level set by the Customer for closing the Bet would have been reached);
(c) suspend or modify the application of any or all of the terms of this Customer Agreement to the extent that the Force Majeure Event makes it impossible or impractical for the Company to comply with the term or terms in question; or
(d) alter the Determination Date for a particular Index.
The Company will not be responsible for delays in the transmission of orders due to a breakdown or failure of transmission or communication facilities, electrical power outage or for any other cause beyond The Company’s control or anticipation. The Company shall only be liable for its actions directly attributable to gross negligence, willful default or fraud on the part of the Company. The Company shall not be liable for losses arising from the default of any agent or any other party used by the Company under this Customer Agreement.
20. Entire Agreement and Severability
This Customer Agreement, together with the full Customer Account Application, Trading Rules, Terms of Business, Risk Disclosure Statement and all applicable written Annexes thereto, embodies the entire Customer Agreement of the parties, superseding any and all prior written and oral agreements. If any provision of this Customer Agreement or the application thereof to any Transaction, person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Customer Agreement and the application thereof will not be affected and will be enforceable to the fullest extent permitted by law.
21. Binding Effect
This Customer Agreement shall be continuous and shall cover, individually and collectively, all Accounts of Customer at any time opened or reopened with the Company, irrespective of any change or changes at any time in the personnel of the Company or its successors, assigns, or affiliates. This Customer Agreement, including all authorizations, shall inure to the benefit of the Company and its successors and assigns, whether by merger, consolidation, or otherwise and shall be binding upon Customer and/or the personal representatives, heirs, executor, administrator, trustee, legatees, legal representative, successors and assigns of Customer.
The Company has the right to suspend the Customer’s Trading Account at any time for any good reason with or without written notice to the Customer.
In the event that a situation arises that is not covered under the Operative Agreements, the Company will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
No single or partial exercise of, or failure or delay in exercising any right, power or remedy (under these terms or at law) by the Company shall constitute a waiver by the Company of, or impair or preclude any exercise or further exercise of, that or any other right, power or remedy arising under the Operative Agreements or at law.
Any liability of the Customer to the Company under the Operative Agreements may in whole or in part be released, compounded, compromised or postponed by the Company in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed. A waiver by the Company of a breach of any of the terms of the Operative Agreements or of a default under these terms does not constitute a waiver of any other breach or default and shall not affect the other terms. A waiver by the Company of a breach of any of the terms of the Operative Agreements or default under these terms will not prevent the Company from subsequently requiring compliance with the waived obligation.
The rights and remedies provided to the Company under the Operative Agreements are cumulative and are not exclusive of any rights or remedies provided by law.
The Company may assign the benefit and burden of the Operative Agreements to a third party in whole or in part, provided that such assignee agrees to abide by the terms of the Operative Agreements. Such assignment shall come into effect ten Business Days following the day the Customer is deemed to have received notice of the assignment in accordance with the Terms of Business.
If any term of the Operative Agreements (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable and not form part of this Customer Agreement or the Terms of Business, but the enforceability of the remainder of Operative Agreements shall not be affected.
The Customer may not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer the Customer’s rights or obligations under the Operative Agreements without the prior written consent of the Company and any purported assignment, charge or transfer in violation of this term shall be void.
23. Governing Law and Jurisdiction
This Customer Agreement and each Bet entered into between the Company and the Customer is in all respects governed by the appropriate court of the respective jurisdiction with which disputes that may arise in relation thereto are most closely related. Nothing will prevent the Company from bringing proceedings against the Customer in any other jurisdiction.
With respect to any proceedings, the Customer irrevocably waives any objection, which the Customer may have at any time to the bringing of any proceedings in any such court, and agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Customer.
The process may be served on Customer by being delivered to the address provided by Customer when the Customer opened Trading Account or to any new address subsequently notified to the Company. Nothing affects the Company’s right to serve process in another manner permitted by law.
Where the Operative Agreements are issued in a language other than English, the English language version shall take precedence in the event of any conflict.
24. Entry into force and Acceptance
This Customer Agreement shall not be deemed entered into and shall not become a legally binding contract between Customer and the Company unless the Customer Agreement annexes hereto, and other rules, regulations and schedules established by Company are accepted by Customer in their entirety.
Acceptance of this Customer Agreement, annexed hereto, and other rules, regulations and schedules established by Company shall involve either signing this Customer Agreement and annexes hereto in person, or implicative actions of Customer such as executing the Customer Agreement on-line form and further depositing funds to the trading account and conducting any trading transaction. Upon acceptance hereof, annexes hereto, and other rules, regulations and schedules established by Company, in any manner, Customer shall not be entitled to plead a circumstance that they did not know or did not understand the terms and conditions hereof, annexes hereto, and other rules, regulations and schedules established by Company.
This Customer Agreement shall not be deemed to be accepted by Company or become a binding contract between Customer and Company until the signed Customer Account Application has been received and approved by Company. In the event that there are any unauthorized alterations or deletions to this Customer Agreement or related documents such as alteration and deletions shall not be binding on Company and said original forms shall govern Account.
THE CUSTOMER CONFIRMS THAT HE HAS RECEIVED, READ AND UNDERSTOOD THIS CUSTOMER AGREEMENT, AND AGREES TO ALL PROVISIONS CONTAINED THEREIN.
1.1 This Introducing Partnership Agreement (hereinafter referred to as the “Agreement”) is entered by and between RSG Finance Ltd. (hereinafter referred to as “EXCO” or “EXCO”), registered in the Suite 305, Griffith Corporate Centre, Kingstown, Saint Vincent (registered number 25143 IBC 2018, operating under the trade name “EXCO” and the individual who has completed the Application to become an Introducing Partner (hereinafter referred to as “the Introducer”). EXCO and the Introducer shall be sometimes referred to herein as the “Parties”.
1.2 EXCO is the official and duly authorized partner and operates as an intermediary service provider of RSG Finance Ltd. with regards to online marketing, advertising and promotion of RSG Finance Ltd. Products and Services.
1.3.This Agreement governs the contractual relationship between the Introducer and EXCO and/or the Companies, by which the Introducer can, subject to the present terms and conditions, be remunerated for introducing Clients to EXCO.
1.4.The Introducer is engaged in the business of soliciting Clients in respect of financial services transactions and agrees to act as a mediator between EXCO and/or the Companies and his Clients for the purposes of carrying out all the necessary preparatory work for the conclusion of an agreement between EXCOand a Client.
1.5.The Introducer, if required under applicable laws and regulations, is solely responsible to ensure that he/she is registered as an Introducer, or in some other capacity which authorizes the Introducer to undertake and provide to EXCO the services contemplated under this Agreement.
2. Interpretation of terms
2.1.For the purposes of the present Agreement, the following terms shall be interpreted as follows: “Account” shall mean any trading account opened with EXCO
“Active Client” shall mean a Client who has made a minimum of one Completed Transaction during the payment cycle.
‘‘Agreement’’ shall mean this Introducing Partnership Agreement.
“Ask” shall mean the higher price in the Quote being the price at which the Client may buy.
“Balance” shall mean the total financial result of all Completed Transactions and depositing/withdrawal operations on the trading account.
“Bid” shall mean the lower price in the Quote being the price at which the Client may sell.
“Client” shall mean any person, whether an individual and/or a company who has been or is being introduced by the Introducer to EXCO. Introducers cannot refer themselves as Clients, nor can they refer relatives or other affiliated parties.
“Companies” shall mean the corporate entities listed in Appendix A to the present Agreement.
“Completed Transaction” shall mean two counter deals of the same size above 60 seconds (opening a position and closing a position): buy then sell and vice versa
“Discretionary Services” shall mean opening/closing positions and/or placing/modifying/deleting Orders on behalf of a Client on a discretionary basis and any and all other actions that may be undertaken by a Client under the Operative Agreements with the Companies that the Introducer carries out on the Client’s behalf.
“Effective Date” shall be the date upon which the Introducer agrees to the Terms and Conditions of the present Agreement.
“Existing Client” shall mean the Client who already had a trading account with EXCO at the moment when the Introducer solicited the Client for the first time.
“EXCO Products and Services” shall mean all and any trading financial instruments offered by EXCO, including but not limited to CFDs on foreign exchange, CFD’s on commodities, CFDs on spot metals, share CFDs and CFDs on Indices and Cryptocurrencies as stated on website www.excotrader.com “Intellectual Property Rights” shall mean patents, rights to inventions, copyright and related rights, moral rights, trademarks, trade names and domain names, website content, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
“Introducer” or “Introducing Broker” (IB) or “Introducing Partner” shall mean any independent person, whether an individual and/or a company, acting in the course of business and engaged in introducing prospective Clients to any one of the Companies for transactions in EXCO Products and Services, after obtaining relevant authorization and/or being registered in his jurisdiction in order to do so, as applicable and after relevant supervision of EXCO.
“Traders room” shall mean the secure Introducer interface area (or backend) where all Introducers login in order to view all their data, get Introducers’ links, view statistics, complete/update their payment profile and access promotional tools.
“Referral link” shall mean the unique link and/or personalized ID, which is used to identify Introducer activities and introduce Clients to EXCO.
“Operative Agreements” shall mean the agreements entered into by the Client and EXCO. Operative Agreements consist of the Customer Agreement and Policies as these may be found footer section of the websites abovementioned and may be amended from time to time.
“Payment Cycle” shall mean the period within which Introducer Compensation is accrued and payable.
“Promotional Material” shall mean promotional, advertising, communication and educational materials that relate to the EXCO, its products and services or relates to the introduction of a Prospective Client or Transaction in an Existing Client’s trading account, and were provided to an Introducer on the EXCO website. Promotional materials include, but is not limited to published written texts, images, SMS, training materials, logos, banners, promo links, trade names, trademarks, including, without limitation any promotional marketing giveaways and/or similar identifying material, audio and video material, computer-based material, websites, display panels and similar.
“Spread” shall mean the difference between Ask and Bid.
“Trading Account” shall mean the unique personified registration system of all Completed Transactions, Open Positions, Orders and deposit/withdrawal transactions in the Trading Platform.
“Transaction” shall mean any contract or transaction entered into or executed by the Client or on behalf of the Client arising under the Operative Agreements.
“Written Notice” shall have the meaning set out in Clause 8 herein below.
3.1. This Agreement will bind the Introducer on the Effective Date and EXCO on the day of approval of the Introducer and will continue unless or until terminated by either Party in accordance with Clause 9 herein below.
4. Introducers’s participation conditions
(RIGHTS AND RESPONSIBILITIES OF BOTH PARTIES)
4.1. In order for an Introducer to be considered for participation by EXCO in the Introducer Program, the Introducer must complete and submit the online partnership application at (“Sign up for Partnership”) and accept online the present Agreement.
4.2. The Introducer as an individual hereto represents that he or she has the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform his or her obligations under this Agreement, without the approval or consent of any other party and/or confirms that he or she is qualified under any applicable regulatory requirements to offer the services mentioned in this Agreement.
4.3. If the Introducer is a company or a legal entity then the person agreeing to this Agreement on behalf of that company or entity hereby represents and warrants that he or she is authorized and lawfully able to bind that company or entity to this Agreement and the company has the full right, power and authority to enter into and be bound by the terms and conditions of this Agreement and to perform its obligations under this Agreement without the approval or consent of any other third party.
4.4. The Introducer represents and warrants that where it applies is qualified under any applicable regulatory requirements to offer EXCO, the products and services mentioned in this Agreement and that all actions that will be performed by the Introducer will comply with the applicable Laws and /or Regulations and/or Directives. The Introducer hereby acknowledges that is solely responsible for being updated on all matters that are related to the applicable Regulations, Laws and Directives.
4.5. EXCO will evaluate the Introducer’s application in good faith and will notify the Introducer of EXCO acceptance or rejection in a timely manner. If the Introducer’s application is rejected, for any reason, the Introducer may reapply only once the Introducer has rectified the issues, which lead to his or her rejection.
4.6. The Introducer must provide true and complete information to EXCO as these may be requested from time to time, about the Introducer and/or his/her activities and/or his/her blog and/or his/her website and/or his/her social media profile and/or any other information directly and/or indirectly related to the terms of the present Agreement and notify EXCO promptly in case of any changes.
4.7. The Introducer upon the commencement of this Agreement must provide immediately to EXCO Partners and/or the Companies sufficient proof of ownership of the Introducer’s blog and/or website and/or social media profile and/or otherwise, as these may be requested from time to time.
4.8. The Introducer acknowledges that he/she is aware of the contents and understands the EXCO Compliance and where applicable Anti Money Laundering Policies, which may be modified from time to time, and agrees to operate in accordance with the policies and procedures contained therein.
4.9. The Introducer shall always maintain in force all necessary registrations, authorizations, consents and licenses to be enabled to fulfil his or her obligations under this Agreement, has the ability, sufficient resources, and capacity to enter into this Agreement and will fully comply with all applicable laws and regulations (including but not limited to financial services regulations, data protection, trademark, copyright and anti-spamming rules) applicable to the Introducer or to the jurisdiction in which the Introducer is resident or carry on business.
4.10. Whenever requested, the Introducer will supply details and evidence of its status and business and of the licensing and/or authorization requirements applicable to the Introducer’s activities at EXCO request.
4.11. The Introducer hereby confirms and understands that he/she shall not be entitled to receive any type of compensation when this is linked to the Introducer’s personal/own trading activity with EXCO.
EXCO shall have the right to supervise the Introducer effectively, in order to manage and/or exclude any risks that might be associated with this issue and/or any other issue related to the Introducer under this Agreement and generally assess the standard performance of the Introducer, retaining the necessary expertise and resources in order to do so.
4.12.To promote and market the EXCO Products and Services the Introducer must use only the Promotional Material provided directly from EXCO. In case when the Introducer will prepare promotional materials, the Introducer shall provide these promotional materials to EXCO and shall obtain prior written approval before use of such promotional materials. From the moment when such promotional materials will be prepared based on a pre-approval as stated before, such promotional material shall become property of EXCO. Promotional material, the same as landing pages and other materials prepared by an Introducer in due course of this Agreement must be used only after the Introducer has obtained written approval before they are launched.
4.13. To perform the Services described in this Agreement, the Introducer shall bear all establishment and operational costs and expenses for any marketing, advertising and any other promotional or other activities related to the said Services.
4.14. EXCO holds the right to monitor the Introducer’s site and/or website and/or blog and/or social media profile and/or any other site associated with the Introducer as deemed necessary to ensure that: a) it is up-to-date and to notify the Introducer of any changes that EXCO considers that could enhance Introducer’s performance, instructions which the Introducer is obliged to follow and/or comply with.
b) it contains relevant promotional materials.
c) content of the promotional material is clear, fair not misleading and not aggressive.
e) it is in compliant with the provisions of this Agreement.
f) the Introducer upon EXCO’s request will provide all necessary website raw data files and access to the accounts of activities’ monitoring including accounts change history where necessary. Such Access will be provided within 24 hours.
4.15. Any Promotional Material developed or created EXCO and placed or used by the Introducer is owned by EXCO and, except for the purpose of this Agreement, must not be used by the Introducer solely or in conjunction with any third party, without the prior written consent of the Company. EXCO reserve the right, at any time, to review the Introducer’s placement of Promotional Material for the purpose of the present Agreement and approve its use of the Introducer’s Links.
4.16. Throughout the period that this Agreement shall be in force, the Introducer undertakes the responsibility to act in good faith at all times and must not make any false and/or misleading representations or statements with respect to EXCO or engage in any other practice which may affect adversely the image, credibility or the reputation of EXCO.
4.17. The Introducer undertakes the strict responsibility not to take and/or assist and/or cause due to any act or omission, directly and/or indirectly to EXCO the following (the list is not exhaustive): a) using any website for unlawful activities, or having any content on his or her website, that is defamatory, violent, pornographic, unlawful, threatening, obscene or racially, ethnically, or otherwise discriminatory or in breach of any third-party rights and shall not link to any such material; and/or b) violates any intellectual property or other proprietary rights of any third party or has defamatory or harassing and deceitful or untruthful comments and statements about EXCO c) contains software downloads that potentially enable diversions of commission from other Introducers in this Introducer Program.
4.18. Without prejudice to the foregoing, EXCO will not be responsible and the Introducer will bear sole responsibility for his or her unlawful and/or illegal acts and/or omissions, including but not limited to the use of another person’s copyrighted material or other intellectual property in violation of the applicable law or any third-party rights.
4.19. EXCO reserves the right at its absolute discretion to terminate this Agreement and the Introducer’s participation in the Introducer Program and/or detach a Client from the Introducer and/or to cancel all orders and annul all profits and/or remove and deduct any Promotional Material which might be offered from time to time from the Introducer’s account and/or the Client’s account, with immediate effect when this is in the interest of its Clients, without any severe detriment, should the Introducer and/or any of his/hers Clients commit and/or EXCO suspect that the Introducer and/or any of his/hers Clients commits any fraud in the use of and/or abuse of the EXCO Introducer Program and/or any attempt of collusion and/or manipulation and/or arbitrage and/or other forms of deceitful or fraudulent trading and/or other activity and/or breach of the terms and conditions of this Agreement and/or breach the relevant applicable Laws, Regulations and Directives, and EXCO shall not be liable to the Introducer for any commissions resulting from such fraud, breach or abuse detected and/or suspected. EXCO will have the right to also take appropriate measures against the Introducer and inform at the same its clientele through its website for this termination.
4.20. The Introducer must not transmit to or in any way, whether directly or indirectly, expose EXCO website, content, platform and any other of EXCO Property to any computer virus or other similarly harmful or malicious material, virus or device.
4.21. The Introducer must not cause or assist by any act or omission in the creation or design of any website, which explicitly or impliedly resembles the EXCO website and/or leads Clients to believe the Introducer is EXCO.
4.22. The Introducer shall promptly inform and/or disclose to EXCO of any development and/or information or acts of a third party that has become known to the Introducer that could potentially harm and/or have a material impact on EXCO and/or EXCO Products & Services and/or their reputation in any way and manner.
4.23. The Introducer cannot use or register a domain name or utilize through any search engine activity within any territory, keywords, search terms or any other brand identifiers for his/her activities with the name of EXCO or any other similar words or phrases which may cause confusion without the main brand’s prior written consent, of EXCO. The Introducer must add brand terms as negatives and actively target the brand through any media platforms settings where applicable. This includes, but not limited to PPC, Social media (including videos), mobile networks and display networks.
4.24. EXCO reserves the right of request direct read-only access to any paid search account for the purposes of monitoring keyword activity and the change history of an account at any time. Access must be granted within 24 hours of such a request. Access will be granted to EXCO and/or the relevant authorities regarding all relevant data, books and/or even premises of the Introducer under this Agreement, for the purpose of more efficient monitoring.
4.25. Where an Introducer acts outside the scope of this Agreement and/or is in breach of any of the provisions of the Introducer Program and or if any of the provisions of clause 4.17. above, herein applies, EXCO shall have the right to cease the cooperation and take all the necessary measures against the Introducer, informing, at the same time, its’ Clients through EXCO website, for such a termination.
4.26. EXCO shall have the right to maintain registries and/or records with the Introducer, their associated Clients and the activities being carried out under this Agreement and the Introducer shall bear the responsibility to provide such records and/or reports to EXCO on a monthly basis and/or as otherwise agreed between EXCO and the Introducer.
5.1. The Introducer’s compensation shall be paid immediately after EXCO approves clients request in Traders room. However transaction time could reach 3 (three) business after payment is made by EXCO.
5.2. When requested, at its own discretion, EXCO may quote a wider Spread for certain Currency Pairs for Clients introduced by the Introducer and EXCO will pay to the Introducer the total of the wider spread or part thereof, as set out in the clause 5.1. when applicable.
5.3. When requested, EXCO may charge Clients, introduced by the Introducer, additional commissions or mark-ups and pay these amounts to the Introducer in accordance with clause 5.4 of this Agreement. The Introducer agrees that EXCO will determine, in its sole discretion, the maximum commission or mark-up charge allowable on each Transaction. EXCO reserves the right to alter or amend its schedule of allowable commissions or mark-ups, at any time without special notice to the Introducer.
5.4. In addition to amounts payable in accordance with clauses 5.1 and 5.2, EXCO may pay to the Introducer additional compensation regarding the number, volume and value of deposits of the Clients.
5.5. In the event where the Client of the Introducer opens a promotional account and/or is eligible to receive any bonus or promotion by EXCO, compensation shall be paid to the Introducer at such rate as will be determined by EXCO. The Introducer shall have a right to receive varied payment terms.
5.6. Without prejudice to the foregoing, EXCO have the right not to pay to the Introducer the compensation and/or annul any accrued payout and/or amend the terms present Agreement and/or terminate the Agreement and/or close any accounts with immediate effect if:
a) EXCO is of the reasonable opinion that any of the transactions entered into or executed by the Client under the Operative Agreements, are being opened and closed just for the benefit of earning compensation for the Introducer (often referred to as “churning”); b) Some form of abuse or market abuse or market manipulation may have taken place; c) The Introducer is found in breach of any term of this Agreement; d) EXCO has the right to block an Introducer Compensation if: has less than 3 active Clients or/and the amount of commission generated by one Client is more than 60% of the total Introducer Compensation.
5.7. It is hereby understood that Introducer is not entitled to earn Introducer’s compensation from trading on his/her own personal Trading Account.
5.8. EXCO will pay compensation to the Introducer for completed trades in real-time, save where EXCO has notified the Introducer otherwise by Written Notice. EXCO reserve the right to alter or amend this clause at any time upon Written Notice to the Introducer.
6. Introducer relationship and activities
6.1. The Introducer will act as a mediator between EXCO and his/her Clients for enhancing the quality of service offered to his/her Clients as well as introducing and / or explaining the services offered by EXCO to his/her Clients. As a mediator, the Introducer will do all that is necessary in order for EXCO and his/her Clients to enter into a contract including but not limited to carrying out the preparatory work necessary for the conclusion of an agreement between EXCO and the Client.
6.2. The Introducer shall assist prospective Clients on completing account registration forms for opening an account with EXCO.
6.3. The Introducer shall translate documents, where needed, for EXCO as well as explain to his/her Clients the services offered by EXCO.
6.4. Without prejudice to the obligations of the Introducer under this Agreement and specifically the service of acting as a mediator between EXCO and the prospective Client for the conclusion of a financial transaction, including the presentation and analysis of the financial products of EXCO bear no responsibility and have no liability for any advice or recommendation or decision provided by the Introducer to the Client.
6.5. Each Client introduced to EXCO and /or any one of the Companies by the Introducer must be eligible to become a Client of that company and must open an account with EXCO, by: 6.5.1 Completing the Company’s “Online Application Form”;
6.5.2 Sending, as a minimum, documents proving the Client ’s identity and address, or 6.5.3 Providing requested company documentation, shareholders’ details and directors’ proof of address and identification, as a minimum, in respect of a client profile registered in the name of a Legal entity.
6.6. EXCO reserve the right not to recognize any Client as introduced by the Introducer if the Client does not provide the Introducer identification number during the initial trading account application process or by Written Notice within five Business Days after the trading account has been opened by the Client.
6.7. EXCO reserve the right to determine, in their sole discretion whether a Client has been introduced by the Introducer if the Client’s registration was not carried out in accordance with clause 6.5.
6.8. EXCO has the right to reject any potential Client who does not meet the criteria detailed in EXCO internal compliance procedures.
6.9. Removal/Transfer of Clients:
6.9.1 Whereas a Client has communicated to EXCO that he/she wishes to be removed and/or transferred and/or unlinked from an Introducer, EXCO shall, from the date of that communication, cease paying the Introducer any compensation and the Introducer shall have no further rights in respect of the unlinked Client. Under no circumstances shall EXCO be liable for any consequences of any such removal from an Introducer and/or transfer to another Introducer.
6.9.2 Any indication or suspicion of fraud, abuse, manipulation or deceitful or fraudulent activity relating to the removal and/or transfer of Client(s) between Introducers, shall entitle EXCO to take any action they deem fit and proper in their sole and absolute discretion, including but not limited to the annulment of any compensation and/or termination of this Agreement.
7. Limitations of liability and indemnity
7.1. EXCO will not be liable to the Introducer with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable principles for any indirect, incidental, consequential, special, general or exemplary damages (including without limitation, loss of revenue or goodwill, or anticipated profits or lost business) even if EXCO have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall EXCO cumulative liability to the Introducer arising out of or related to this Agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to the Introducer under this Agreement.
7.2. EXCO makes no express or implied representations or warranties regarding their services and website or the products or services provided therein, any implied warranties of EXCO ability, fitness for a particular purpose, and noninfringement are expressly disclaimed and excluded. In addition, EXCO makes no representation that the operation of their site www.excotrader.com site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
7.3. The Introducer will indemnify EXCO and keep them indemnified on demand in respect of all liabilities, costs, claims, demands and expenses of any nature whatsoever which EXCO suffers or incurs as a direct or indirect result of any act of omission of the Introducer in connection with its relationship with EXCO or any Client introduced by the Introducer to EXCO and/or any one of the Companies or any failure by the Introducer to perform any of the Introducer’s obligations under this Agreement or any breach of any provision of this Agreement including without limitations, any refusal or failure to provide any authorization as EXCO may require.
7.4. Unless specifically provided in this Agreement, EXCO shall in no circumstances be liable to the Introducer for any consequential direct or indirect losses, loss of profits, loss of opportunity, costs, expenses, penalties or damages the Introducer may suffer in relation to this Agreement.
7.5. Subject to the terms of this Agreement, the Introducer agrees to indemnify and hold EXCO and its principals, shareholders, officers, directors, employees, agents and representatives harmless from and against any and all claims, judgments, settlements, expenses damages, costs, penalties (including those stemming from regulators) involving the Introducer’s activities or its Clients’ accounts including account deficits, loss or losses and expenses (including reasonable legal fees) that they may sustain or become liable or answerable for or shall pay, as a result of any alleged act, practice, conduct or omission of the Introducer or its Principals, shareholders, officers, directors, employees, agents or representatives with respect to the Clients introduced to EXCO by the Introducer, insofar as such Losses (or actions in respect thereof) arise out of the breach of the Terms and Conditions of the present Agreement.
8. Written notice
8.1. Unless the contrary is specifically provided in this Agreement, any Written Notice under this Agreement may be made or given by any of the following means:
(b) published on the EXCO site or within the Traders room.
8.2. The Introducer warrants herein that all contact information disclosed to EXCO in accordance with this Agreement shall be true, correct and accurate. Any attempt by the Company or EXCO to contact the Introducer unsuccessfully due to incorrect communication data provided (e.g. postal address, email address or fax numbers) by the Introducer, shall result to the immediate suspension and/or termination of the Agreement.
8.3. Any such Written Notice will be deemed to have been served:
(a) if sent by email, within one hour after emailing it;
(b) if posted on the EXCO site or within the Introducer
Panel, within one hour after it has been posted.
8.4. For the purposes of this clause, “business hours” mean between 10:00 and 17:00 GMT on a Business Day (Monday – Friday).
9. Amendment and termination
9.1. The Introducer acknowledges that EXCO has the right to unilaterally modify the terms of this Agreement, Addendum and/or Appendices at any time and at their sole discretion, giving to the Introducer at least 3(three) Business Days Written Notice and/or by posting the modification on EXCO site and the Introducer shall have an option to terminate the present Agreement by giving notice in writing.
9.2. The Introducer may terminate this Agreement with immediate effect by giving Written Notice to EXCO.
9.3. EXCO may terminate this Agreement at their own discretion with immediate effect by giving Written Notice to the Introducer.
9.4. Upon termination of the Agreement, the Introducer is obliged to return to EXCO the promotional marketing giveaways and/or the Introducer shall withdraw such Promotional Material upon the termination of the said Agreement.
9.5. Termination of this Agreement shall have the effect of termination of the compensation arrangement as set out hereto with immediate effect. Any such termination will not affect any existing legal rights and obligations under this Agreement which have arisen prior to termination.
10. Personal data and recording of telephone calls
10.1. EXCO may process, use, store or otherwise process personal information provided by the Introducer.
10.2. By entering into this Agreement, the Introducer will be consenting to the transmittal of the Introducer’s personal data (and/or have obtained consent from individuals working on the Introducer’s behalf) outside the European Economic Area.
10.3. The Introducer agrees that EXCO may pass information about the Introducer which the Introducer has provided to EXCO and/or to third parties in order to assist EXCO to process and/or analyze the relevant information as a part of fulfilling EXCO obligations under this Agreement. Should the Introducer be unwilling for EXCO to transmit and/or process his/her personal data and/or his/her personal data to be used for such purposes, the Introducer shall give EXCO Written Notice as per clause 8 above herein.
10.4. Such personal data may also be used for marketing purposes, or to conduct research for EXCO or other companies in its group that may use the personal data to bring to the attention of the Introducer products and services that may be of interest to the Introducer. If the Introducer does not wish the Introducer’s personal data to be held for such purposes, the Introducer shall give EXCO Written Notice.
10.5. Telephone conversations between the Introducer and EXCO any one of the Companies shall and/or may be recorded and/or monitored and/or processed. The Introducer by entering into this Agreement expressly consents to EXCO to record and/or process these telephone conversations and/or electronic communications. All instructions received by telephone will be binding as if received in writing. Any recordings shall be and remain the sole property of EXCO and will be accepted by the Introducer as conclusive evidence of the instructions or conversations so recorded. The Introducer agrees that EXCO may deliver copies of transcripts of such recordings to any court, regulatory or government authority. A copy of the records kept in accordance with this clause shall be provided to the Intermediary upon request and shall be kept for a period of five years and where requested by any competent authority, for a period of up to seven years from the date of creation of the record.
11. Consent to direct contact
11.1. The Introducer expressly invites EXCO, for the purpose of administering the terms of this Agreement or otherwise marketing financial services and products, from time to time, to make direct contact with the Introducer by telephone, fax or otherwise.
11.2. The Introducer consents to such communications and acknowledges that such communication would not be considered by the Introducer as being a breach of any of the Introducer’s rights under any relevant data protection and/or privacy regulations.
12.1. All confidential information, including, but not limited to, any business, technical, financial, and Client information disclosed by EXCO and/or acquired by the Introducer during negotiation or the effective term of this Agreement, will remain the sole property of EXCO. Without prejudice to the foregoing, information of confidential nature will be treated as such provided that such information is not already in the public domain. Information of a confidential nature will only be disclosed to any person other than an associated entity of EXCO, in the following circumstances: a) where required by law or if requested by any regulatory authority or exchange having control or jurisdiction over EXCO or the Introducer;
b) to investigate or prevent fraud or other illegal activity;
c) if it is in the public interest to disclose such information; d) as provided in the Operative Agreements of EXCO;
12.2. It is mutually understood between the parties that both of them have sound mechanisms in place to guarantee the security and authentication of the means of transfer of information minimize the risk of data corruption and unauthorized access and to prevent information leakage maintaining the confidentiality of the data at all times.
13. Proprietary property
13.1. Subject to terms and conditions of this Agreement, EXCO hereby grant to the Introducer, for the duration of this Agreement, a non-exclusive and revocable license to use Proprietary Property.
13.2. Proprietary Property, regardless of the author, shall remain the sole property of EXCO and shall be accounted for and returned by the Introducer to EXCO on demand. It is expressly understood that the Introducer’s license to the use or possession of Proprietary Property is to fulfil its obligations to EXCO under this Agreement and that the Introducer has no other right or proprietary interest in the Proprietary Property other than the license provided in this clause.
13.3. In the event of the termination of this Agreement for any reason, the Introducer will promptly surrender, and deliver to EXCO Partners, Proprietary Property, including but not limited to, all materials, equipment, documents and data pertaining to its relationship with, or to any Proprietary Information of, EXCO, including all copies thereof.
13.4. The Introducer agrees to indemnify EXCO and keep them indemnified at all times against all or any costs, claims, damages or expenses incurred, or for which they may become liable, with respect to any Proprietary Property infringement claim or other claim relating to the provision of services supplied by the Introducer to EXCO during the course of this Agreement.
14. Force majeure
14.1. EXCO shall not be liable for the non-performance or improper performance of their obligations under this Agreement, should EXCO are prevented from or unable to do so due to a Force Majeure event, including, without limitation any Government actions, the outbreak of war or hostilities, the threat of war, military actions, rebellion, acts of terrorism, national emergency, riot, strike, civil disturbance/disorder, sabotage, requisition, or any other international calamity or political crisis; Act of God, earthquake, hurricane, typhoon, flood, fire, epidemic or other natural disaster; labor disputes not including disputes involving the Company’s workforce; discontinuance or suspension of the operation of any Market; failure of communication for any reason with Market makers, mal-functioning and/or nonoperation of any computer transaction system due to defectiveness or failure of the mechanic equipment, fault or stoppage in communication lines, any other problems in connection, breakdown or unavailability of access to the internet or the Platform(s); Any other extreme event beyond the reasonable control of the Company which may suddenly or drastically affect the prices in the Underlying Asset / Market as well as any other event, act and/or circumstances that will have direct effect in the regulated markets and which, including, without limitation, any illegitimate actions against, not reasonably within EXCO reasonable control, and the effect of that event(s) is such that EXCO are not in a position to take any reasonable action to prevent.
14.2. If EXCO determine in their reasonable opinion that a Force Majeure Event exists (without prejudice to any other rights under this Agreement) EXCO may without prior Written Notice and at any time take or omit to take all such actions as they deem to be reasonably appropriate in these circumstances.
15.1. In the event that a situation arises that is not covered under this Agreement, EXCO will resolve the matter on the basis of good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
15.2. No single or partial exercise of, or failure or delay in exercising any right, power or remedy (under these terms or at law) by EXCO shall constitute a waiver by EXCO of, or impair or preclude any exercise or further exercise of, that or any other right, power or remedy arising under this Agreement or at law.
15.3. Any liability of the Introducer to EXCO under this Agreement may in whole or in part be released, compounded, compromised or postponed by the Company in its absolute discretion without affecting any rights in respect of that or any liability not so waived, released, compounded, compromised or postponed. A waiver by EXCO of a breach of any of the terms of this Agreement or of a default under these terms does not constitute a waiver of any other breach or default and shall not affect the other terms. A waiver by EXCO of a breach of any of the terms of this Agreement or default under these terms will not prevent EXCO from subsequently requiring compliance with the waived obligation.
15.4. The rights and remedies provided to EXCO, under this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.
15.5. Nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Introducer and EXCO.
15.6. The Introducer will not represent itself as an agent of EXCO and the Introducer will have no authority or power to bind EXCO or to contract in the name of or create a liability against any of these.
15.7. The Introducer agrees to inform EXCO about all facts and circumstances, he/she becomes aware of, that may result in undesired consequences (risks) for EXCO.
15.8. EXCO may assign the benefit and burden of this Agreement to a third party in whole or in part, provided that such assignee agrees to abide by the terms of this Agreement. Such assignment shall come into effect ten Business Days following the day the Introducer is deemed to have received notice of the assignment in accordance with this Agreement.
15.9. If any term of this Agreement (or any part of any term) shall be held by a court of competent jurisdiction to be unenforceable for any reason then such term shall, to that extent, be deemed severable and not form part of this Agreement, but the enforceability of the remainder of this Agreement shall not be affected.
15.10. The Introducer may not assign, charge or otherwise transfer or purport to assign, charge or otherwise transfer the Introducer’s rights or obligations under this Agreement without prior written consent of EXCO and any purported assignment, charge or transfer in violation of this term shall be void.
15.11. The Introducer shall inform EXCO of any other business activities entered into by the Introducer during the term of this Agreement and shall provide EXCO with information, as requested, regarding such activity.
15.12. No variations of this Agreement are effective unless made in writing signed by both Parties, or their authorized agents.
15.13. This Agreement and any Addendums and Appendices referred to in it, constitute the entire agreement between Parties and supersede all other agreements or arrangements, whether written or oral, express or implied, between Parties or either of them.
15.14. The Introducer agrees to inform EXCO about all the facts and circumstances, it becomes aware of, that may result in undesired consequences (risks) for EXCO.
15.15. Nothing in this Agreement creates a partnership or establishes a relationship of principal and agent or any other fiduciary relationship between the Parties.
15.16. The Introducer will not represent itself as an agent of EXCO and the Introducer will have no authority or power to bind EXCO or to contract in the name of or create a liability against any of these.
15.17. This Agreement shall be governed by, and construed in accordance with the laws of the SAINT VINCENT AND GRENADINES.
15.18. With respect to any proceedings, the Introducer irrevocably:
Agrees that the courts of Saint Vincent and the Grenadines shall have exclusive jurisdiction to determine any proceedings,
Waives any objection which the Introducer may have at any time to the bringing of any proceedings in any such court, and
Agrees not to claim that such proceedings have been brought in an inconvenient forum or that such court does not have jurisdiction over the Introducer.
15.19. Where this Agreement is issued in a language other than English, the English language version shall take precedence in the event of any conflict.
1.1 The “Deposit Bonus” campaign is valid only in special cases and is only provided to the selected group of Participants. This “Deposit Bonus” is not transferable and is solely limited to the recipient of this offer.
1.2 This document entitles the right for “DepositBonus” to EXCO clients under the following conditions:
Trading Volume Requirement (in lots)
Above 10 USD
Max 2000 USD
1.3 The “Deposit Bonus” offer is only valid if it was sent personally via email by EXCO representative or client register in Deposit Bonus campaign.
1.4 The Bonus constitutes only an additional free margin limit and therefore it increases the amount of funds available for trading (i.e. for opening new positions and maintaining margin requirements to such positions). The bonus, however, is not a part of the balance of the trading account and as such, it cannot be withdrawn nor transferred to other accounts.
1.5 The Bonus is deposited to the account as credit.
1.6 Under no circumstances should a Participant’s trading strategy take into account the terms and conditions of this Bonus promotion. All trading decisions should be made based upon the Participant’s understanding of the markets and involved risks and the Participant’s specific trading strategies.
1.7 The participant accepts and agrees that The Deposit Bonus will be removed if the Participant open position loss (PnL) exceeds Balance of his Account. Please note that in this case can occur immediately Stop Out.
2. Withdrawals from trading accounts during the campaign
2.1 Once credited to a client’s trading account, the Bonus remains linked to this same account and cannot be withdrawn either partially or in full.
2.2 Internal transfers of the Bonus to other trading accounts are not allowed.
2.3 Participant can withdraw accrued profits and earlier deposits from trading accounts. Participant understands and agrees that in cases in which a withdrawal of deposited funds occurs, it will lead to the total removal of the Bonus from the Participant’s account.
3. Final Provisions
3.1At all times, EXCO reserves the right to amend, change or cancel this campaign with a prior notice to the current Participants via email.
3.2 If EXCO suspects that a campaign Participant has abused or attempted to abuse a campaign or otherwise acted with a lack of good faith towards EXCO, EXCO reserves the right to deny, withhold, cancel or withdraw from that Participant any Bonus amounts, and, if necessary, to cancel any terms and conditions of this campaign and client agreement with respect to that campaign Participant, either temporarily or permanently, or to terminate that Participant’s access to the services and/or block that Participant’s account(s).
3.3 Trading in the Forex and CFD markets entails significant risk. Participation in the Forex and CFD markets should not be undertaken unless the Participant is fully aware of and understands the risks involved in trading. Participation in this promotion should not be a motivating factor when considering participation in the Forex and CFD markets.
3.4 It is the sole responsibility of the Participant to ensure that all applicable taxes and fees on Bonuses in their country are paid.
BY SUBMITTING YOUR ORDER, YOU AGREE TO THE FOLLOWING REFUND/CHARGEBACK POLICY:
“EXCO” (RSG Finance Ltd.) provides trading services over the Internet. Given the specific nature of its services, customers cannot return or exchange products.
The practice of claiming a refund or requesting a chargeback after having used any of our member services (i.e., gaining admittance our private members’ area to access members only contents, doing transactions in any trading platform and any other our services) is considered fraudulent.
When “EXCO” (RSG Finance Ltd.) receives a chargeback notice, the account in which the service was purchased is immediately blocked, and all associated services in the account are terminated. “EXCO” (RSG Finance Ltd.) always considers chargebacks to be the result of fraud; since fraudulent purchases go hand-in-hand with malware and phishing, immediate termination of all services related to the chargeback is the best way to protect the public from harm.
If you try to dispute or deny a valid charge, your credit card account with your name and address, your IP address immediately will be added to a negative database. Thousands of merchants on the internet, both large and small, share the negative database and you will not be able to purchase goods or services from said merchants in the future.
All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money, therefore:
You, the Customer agrees not to issue chargebacks for any credit card payments. A chargeback of payment for services rendered will result in an additional charge of $250.00 for our time responding to the matter. You, the Customer authorize us to charge this amount to your credit card. If this charge is rejected, “EXCO” (RSG Finance Ltd.) will pursue legal action to recoup losses for our time associated with responding to the charge back in addition to any other fees explained above. You agree to reimburse us or any representative we may appoint for any legal expenses your actions may make us incur.
“EXCO” (RSG Finance Ltd.) may attempt to recover fraudulently disputed charges and additional costs via a third-party collection agency and your account will be reported to all credit bureaus as a delinquent collection account. This may severely damage your credit rating for at least the next seven (7) years. In addition to this “EXCO” (RSG Finance Ltd.), will file a report with your local police department.
To avoid any of the above, we encourage you to contact us first for any problems with your purchase. We are always here to assist you with any complaints or problems you have. Please contact our Financial Department if you need help or still have any questions.
Please remember that trying to deny a valid charge through your bank or Credit Card Company is fraudulent and illegal!
Do not use stolen Credit Cards we log IP strings on all orders any orders coming back as a chargeback due to fraudulent activities will be diligently pursued through your local jurisdiction for prosecution fully of the law.
You can request refund of your money 100% if you did NO TRANSACTIONS on your trading account. However, NO-CHARGE BACKS via merchant! For a refund, you must email us to and give us a reason. Regardless of the reason, if given, we will still refund your money allow 61 days and we will send you the refund. The reason for 60 days is to avoid fraud, since a credit card has 60 days to request a charge-back.
TRADE WITH THE BEST EDUCATOR
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RSG Finance Ltd., Suite 305, Griffith Corporate Centre, Kingstown, Saint Vincent and the Grenadines, is incorporated under registered number 25143 IBC 2018 by the Registrar of International Business Companies.
This website is owned and operated by RSG Finance Ltd.
All rights reserved.
Please be advised, the services and products described on this website are not offered to citizens of E.U. member states, The United States, Canada, Japan, Turkey, Australia, Iran and North Korea.
Risk warning: CFD’s are complex instruments and due to leverage occurs the possibility of losing money rapidly. You should consider whether your trading experience level is suitable for those instruments. You should not invest more than you can afford to lose and if you do not fully understand instruments or risk related to trading, please seek independent financial advice.