the Company ProffTrade., hereinafter referred to as "Company", and the person completing the registration form on the official website of the Company at the address: https://profftrade.com/, hereinafter referred to as "Client", on the terms and conditions of the public offer entered into an agreement on the following:
1. The subject of the agreement.
1.1. This agreement sets forth the General rules governing the relationship between Company and Client, use the Company's services by the Customer, the rights and obligations of the Parties, as well as the rules pertaining to the regulation of any other issues arising from the subject matter hereof.
1.2. All operations are carried out in accordance with the rules laid down in Regulation published on the official website of the Company.
1.3. For the implementation of the relationship between the company and the customer, the Customer fills in a registration form, and the Company gives the Client a "Personal account" on the Company's official website.
1.4. Customer, by accepting the terms of this Agreement, automatically accepts the terms and conditions of the following documents, published on the official website of the Company (hereinafter referred to as "Governing Documents"):
1.4.1. Regulations implementing trading and non-trading (financial) transactions;
1.4.2. Notice of the risks;
1.4.3. Other documents that the Company will periodically take.
1.5. These regulations form an integral part of this Agreement without their direct inclusion in this Agreement.
1.6. The company reserves the right at any time in its sole discretion, to make any amendments to the Governing documents and shall notify the Client of any regulations amendments by posting a prominent notice on the official website of the Company.
1.7. The client confirms that he is closely acquainted with the terms of the aforementioned documents, recognizes their unconditional commitment and applicability to the relations arising out of this Agreement.
2. The rights and obligations of the parties.
2.1. At the time of signing this Agreement the customer warrants that he is the natural person of the age of majority has no limitations in capacity and are able to fully bear the legal responsibility.
2.2. The client undertakes:
2.2.1. To provide true, accurate and complete information during the registration process when further relationship with the Company;
2.2.2. Strictly comply with the requirements of this Agreement and the Governing documents;
2.2.3. Do not use your account in a criminal or other unlawful purposes;
2.2.4. Not to disclose to third parties the access data or other information necessary for the transfer of funds, except as otherwise provided in this Agreement;
2.2.5. Perform other duties provided for in this Agreement.
2.3. The client has the right:
2.3.1. To use the services of the Company for an unlimited period of time;
2.3.2. To obtain information about the status of your account through the Personal account at any time, unless it is prevented by technical reasons and/or force majeure;
2.3.3. Replenish your account and withdraw funds from your account in the prescribed Regulatory Documents;
2.3.4. To contact support in case of any difficulties or questions, the answers to which are not published on the official website of the Company;
2.3.5. To enjoy other rights provided for in this Agreement.
2.4. The company undertakes:
2.4.1. To ensure the profitability of the funds entrusted by the Client to the Company in accordance with the conditions Governing documents;
2.4.2. To make payment of funds to the Client in the manner prescribed in this Agreement and the Governing Documents;
2.4.3. Credited to customer's account received from him on account of Company funds in the manner prescribed in this Agreement and the Governing Documents;
2.4.4. Notify the Investor to make amendments to the Governing Documents of the Company, placing information about the amendments on the official website of the company;
2.4.5. Perform other duties provided for in this Agreement.
2.5. The company has the right:
2.5.1. Require the Client to provide the information necessary and sufficient for proper registration of the Company, and transactions input-output of money;
2.5.2. To refuse services if the applicant fails to submit the information specified in paragraph
2.5.1. of this Agreement;
2.5.3. Require the Client to the proper performance and compliance with regulations;
2.5.4. To terminate this Agreement unilaterally and close the account in case of improper performance by the Investor of its obligations under this Agreement, and in the case of systematic violations of Investor requirements Governing Documents;
2.5.5. To refuse to open new accounts;
2.5.6. To keep part of the profits of the Client without prior notice, if it is determined that the profit obtained by violation of the provisions of the Governing documents or otherwise, contrary to the relationship of the Company and the Client ways;
2.5.7. To freeze the customer's account in the event of serious, at the Company's discretion, violations of the Governing documents. During the "freeze" your account it is considered inactive and the income is not accrued;
2.5.8. To enjoy other rights provided for in this Agreement.
3.1. The customer may at any time be transferred to the account of the Company money by any means available in the Personal Cabinet.
3.2. The funds transferred to the account of the Company, shall be credited to the account of the Client within the time specified in Regulatory documents.
3.3. All costs associated with the transfer of funds by the Client or the Client shall be borne in full by the Client.
3.4. The company pays profit and cash to the Client on the terms specified in the Governing documents. This provision applies unless otherwise determined by the Company. The company is entitled to determine the cases that do not fall under the provisions of this paragraph of the Agreement.
3.5. The transfer of funds due to the Customer, any third party is not allowed. The company will make transfers only on behalf of and in favor of the Client.
3.6. The company is not responsible for the transfer of funds due to the Customer, to the wrong account, if such was specified by the Client. In this case, all financial costs are fully borne by the Client.
3.7. When placing bids on the transfer of funds via Personal account, the Client must pass the verification procedure (identity verification), established in the Governing documents.
3.8. The Customer hereby confirms and agrees that it will not make claims, claims, claims arising out of the occurrence of any Company action (payment, and so on), if such act was committed on behalf of the Customer after verification.
3.9. When entering or cancellation or other method of verification the Company will report this on the official site.
4.1. Communication between the parties under this Agreement shall be conducted in the manner prescribed in the Personal Cabinet and on the official website of the Company. 4.2. Messages, documents, announcements, confirmations, reports, etc. will be deemed received by the opposite party one hour after sending it to the Client or the Company or after the announcement is posted on the Company's official website.
5. Responsible parties.
5.1. The client is solely responsible for the accuracy of any information that comes from it.
5.2. The client is solely responsible for any and all adverse consequences resulting from violation of confidentiality required for access to Personal account and making non-trading (financial) transactions (passwords, codes, etc.).
5.3. The parties agree that the compensation of moral harm is not provided and is not refundable. However, the Company reserves the right to use, if necessary, remedy its business reputation.
6. The limits of liability.
6.1. The customer is entitled, at your own risk, to give third parties access passwords from your Personal Cabinet and shall provide them with adequate security and confidentiality. All actions taken in relation to the execution of this Agreement and/or using the login and password are carried out exclusively by the Client. The company shall not be liable for any unauthorized use of your registration data by third parties.
6.2. The company shall not be liable for any loss, costs, damages the Client received due to inaccurate information provided to the Company.
7. Force majeure.
7.1. The parties shall not be liable for nonperformance or improper performance of its obligations under this Agreement if such failure or improper performance is due to the onset of and/or force majeure (force majeure).
7.2. The company, having reasonable grounds to determine the boundaries for the occurrence of uncontrollable circumstances force (force majeure). The company shall take appropriate steps to inform Investors about the onset and/or force-majeure circumstances. Force majeure circumstances include (not limited to):
7.2.1. Any act, event or occurrence (including, without limitation, any strike, riot or civil commotion, terrorist acts, war, natural disasters, accidents, fires, floods, storms, power outages, communication, software, or electronic equipment, civil unrest, which, in the reasonable opinion of the Company, has led to destabilization of the market or markets of one or several financial instruments;
7.2.2. The suspension, liquidation or closure of any market or the absence of any event on which the Company's quotes, or the imposition of limits or special or unusual terms of trade in any market, or in respect of any such events;
7.2.3. The entry into force of the acts of the national competent authorities, organizations or institutions restrictive or prohibitive nature, as well as supranational international organizations, which, in one way or another can interfere with proper performance of obligations under this Agreement.
7.3. If the circumstances mentioned in paragraph 7.2. Agreement, the Company reserves the right, in its sole discretion, without prior written notice and at any time (without prejudice to any other rights of the Company) to take any of the following:
7.3.1. To suspend the work and, consequently, creation of profit, while the presence of force majeure makes it impossible for the company in the financial markets;
7.3.2. To suspend or modify the application of one or all of the provisions of this Agreement, until the existence of force majeure makes it impossible for the observance of these provisions by the Company;
7.3.3. To make, or to refrain from taking any action against the Company and/or Investor if the Company reasonably considers it appropriate in the circumstances.
8.1. The client has all the information about the risks and that these risks can be quite significant.
8.2. The client accepts and fully agrees that in the course of and resulting from the execution of their Agreement, he acquires the ability to significantly increase the amount of their funds, and the risks of not receiving the expected profit.
8.3. The client understands that the financial markets as a result of certain circumstances and factors can lead to undesirable situations that can significantly (very dramatically) affect certain financial instruments, and consequently, profits. The client acknowledges and agrees that upon the occurrence of such circumstances, the Company may take any reasonable action it deems necessary to take in order to protect the interests of the Company and Client. For any damages incurred as a result of such actions, the Company cannot be held liable.
8.4. The client must consider the suitability of this Agreement from the point of view of its financial resources as at the time of conclusion of the Agreement and thereafter.
8.5. This Agreement means that the Client has read, understood and agreed to the provisions of regulations that govern issues related to disclosure and risk management. All Regulatory documents can be found by the Customer on the Company's official website.
9. The dispute policy.
9.1. All disputes and disagreements arising between the parties in the course of execution of Agreement shall be settled through negotiations.
10. Final provisions
10.1. This Agreement enters into force and becomes binding on the Parties from the moment of acceptance by the Client of the conditions therein contained, by acceptance of the Agreement, carried out in the manner prescribed in paragraph 10.4. Agreement. The moment of acceptance is the date of the conclusion of the Agreement.
10.2. Offer to enter into this Agreement is a public offer, then there is a proposal for an indefinite circle of persons.
10.3. The parties agree that this Agreement is in the form of joining the Client to the Agreement. While this Agreement may not be subject to pre-contractual negotiations and disputes.
10.4. The parties agree that the acceptance by the Customer of this Agreement by completing the Investor registration form for opening the account and making other registration actions listed on the Company's official website at: https://profftrade.com/
10.5. The above procedure of conclusion of the Agreement complies with the principles of international commercial contracts, pursuant to which the offer is an offer to enter into an agreement and acceptance of the actions of another party, expressing the consent agreement, including, in order of accession to the agreement publicly available.
10.6. After signing this Agreement the Client may not rely on the fact that he was unknown or he did not understand the terms of this Agreement.
10.7. The present Agreement is concluded for an indefinite period and may be terminated by either party in the manner and on the terms established in this section.
10.8. All other matters not covered under this Agreement, subject to direct regulation Governing Documents and rules directly posted on the official website of the Company.