The terms and conditions of Customer Agreement constitute a legal contract between AUS Capital (UK) Ltd. (referred to herein as “AUSFOREX” or “we”), and the party or parties (each referred to herein as a “Client” or “you”) executing this agreement
AUSFOREX is authorized and regulated by Financial Conduct Authority (FCA), providing clients with foreign exchange, bullion and contracts for difference trading facilities.
This Agreement shall govern all trading activity and should be read carefully by yourself.
You warrant that all the information disclosed to us, the documentation provided and otherwise is true and accurate and that you undertake to inform us in mail should there be any changes to the information provided. Where copies of documents are provided either via mail, fax or using electronic means you warrant that the documents so supplied by you are true copies of originals.
THE SERVICES WE WILLPROVIDE
We will provide you with an execution only dealing service in foreign exchange, bullion contracts and contracts for differences in indices ("Contracts") offered by AUSFOREX.
Both AUSFOREX and the Client will enter into contracts as principal. You shall be directly and personally responsible for performing your obligations under every transaction entered into between us, whether you are dealing as principal directly or through an agent, or as agent for another person, and you shall indemnify us in respect of all liabilities, losses or costs of any kind or nature whatsoever which may be incurred by us as a direct or indirect result of any failure by you to perform any such obligation.
All orders placed and instructions given by you for the services will be subject to these terms. All other terms and conditions which you may try to introduce under any order, confirmation of order or similar are excluded any of the services may be provided using the services of third parties, including our affiliates who may act as agents for us.
The services may involve margined transactions, where the Client is required to deposit cash to secure performance of the Client’s obligations under the contract. The Client acknowledges, recognizes and understands that all transactions are subject to and in accordance with the relevant Market Rules prevalent from time to time. In particular the Client acknowledges that Market Rules usually contain wide powers in an emergency or otherwise undesirable situation.
We may amend, suspend and/or terminate any or all of the services at any time for any valid reason. Where reasonably practicable we will give advance notice of this but this may not always be possible and/or practical for business reasons.
AUSFOREX will provide only an execution only dealing service; we will not provide investment advice to you. If we enter into a Contract with you this shall not be taken to mean that AUSFOREX recommends, or concurs on the merits of, the Contract or that the Contract is suitable for you. Also，AUSFOREX does not give any trading or market recommendations, advice or instructions in its communications.
Details of any credit arrangement that may be available to you shall be set out in and shall be subject to such terms and conditions and limits as may be agreed in separate correspondence. Your credit limit should be no more than the total amount you are prepared to and can afford to lose. If any Contracts exceed the credit or any other limit placed upon your dealings, we may bring to an end all or any of the contracts pursuant to Term 4 in order to bring your liability back within the credit limit. We may at our absolute discretion extend additional credit to you if you fail to meet a margin call, but the availability and suitability of such credit will depend upon the outcome of our reassessment of your financial circumstances.
The client shall pay to AUSFOREX on demand:
Please note we will not accept any third party payments made in respect of funding your account. Similarly we will not pay out any funds from your account to any third parties.
If the client fails to provide any margin, deposit or other sum due in respect of any transaction AUSFOREX may close all open contracts without prior notice.
We will agree with you before entering into any contract, the amount of our commission which will be shown on the statement sent to you. Commission rates shall be those prevailing at the time. Commissions and charges may be changed from time to time without prior notice to you. We may have soft commission agreements in place. It is our policy to affect these where they are commercially efficient in accordance with market practice.
No interest will be credited in respect of any monies held on account or for margin payments, which will be held by us in a client bank account. A finance fee will be charged or credited to your account with us depending on the nature of the open positions you hold, the contract concerned and the rates of interest prevailing in that contract. When you open a contract position, we will calculate the amount of interest that would be earned on the money necessary to take out the relevant position in the underlying investment, at a rate notified to you in mail. While your Contract position remains open the amount of interest will be calculated and will accrue on a daily basis.
AUSFOREX reserves the right to limit the number of positions which may be opened or maintained by the Client in his account. We also reserve the right to decline to accept any additional orders after the limit has been exceeded, and to liquidate all or part of the surpassed positions there after.
EXCLUSION OF LIABILITY
No claim shall be made against AUSFOREX or any associated company of us or any employee of us to recover any loss or damage which you may suffer or incur by reason of the carrying out by us of our obligations under this agreement provided that such loss or damage does not arise from the negligence or willful default of AUSFOREX, its associates or employees.
AUTHORISATIONAND OTHER COMMUNICATIONS
Except where you expressly instruct us otherwise, we shall be entitled to rely on and act in accordance with any instructions, requests and notices (whether or not in mail and howsoever communicated) given or purported to be given by any individual or person who purports to be or is reasonably believed by us to be an agent, attorney or otherwise authorized by you. We may in our absolute discretion and without explanation to you refuse to act upon any instruction, particularly if we believe that it may not be practical or acting on the instruction would in our opinion infringe any law, rule, regulation or condition of this agreement or, in the case of instructions received from an agent if we reasonably believe that such agent may be acting in excess of his authority.
Additional dealing procedures may be provided by us to you from time to time none of which form part of this agreement.
If at any time you are unable for whatever reason, to communicate with us we shall not be responsible for any loss, damage or cost caused to you by any act, error, delay or omission resulting there from where such loss, damage or cost is a result of your inability to enter into a transaction, and except where your inability to instruct us or communicate with us results from our fraud, willful default or gross negligence, be responsible for any loss, damage or cost caused to you by any act error or omission or delay resulting there from including without limitation, where such loss, damage or cost is a result of your inability to close a transaction.
You acknowledge and agree that any instruction and communication transmitted by you or on your behalf is made at your risk and you authorized us to rely and act on, and treat as fully authorized and binding upon you, any instruction (whether or not in mail) which we believe in good faith to have been given by you or on your behalf by any agent or intermediary whom we believe in good faith to have been duly authorized by you.
You agree that we may record all telephone conversations between you and us and that we may use such recordings or transcripts from such recordings, as evidence in any dispute or anticipated dispute between you and us.
CHANGES IN TERMS
These terms and conditions are subject to change at any time by us sending you a written notice describing the relevant change(s). Such change(s) will become effective on a date specified in the notice which will be at least 10 days after the date on which the notice is deemed to be received by you. No such change will affect any legal rights or obligations which may previously have accrued to or been incurred by you or us.
STOPAND LIMIT ORDERS
We may in our absolute discretion accept an instruction (a “stop order” or “limit order”) from you to open or close any Contract when our quote in respect of the relevant investment, or (as the case may be) an underlying market quotation relating thereto, reaches or goes beyond a level specified by you. You may specify that such an instruction is to apply for a limited duration or for an indefinite period (a “Good Till Cancelled” or “GTC” order). If we accept a Stop or Limit Order then, when the level of our current quote or (as the case may be) the relevant market quotation relating thereto reaches or goes beyond the level of your Stop or Limit Order, provided that the conditions in this paragraph are satisfied your instruction will be executed automatically at the level of your Stop or Limit Order. You acknowledge that where the underlying market is moving rapidly our quote may have gone beyond the level of your Stop or Limit Order by the time your order is executed.
Limit Order by the time your order is executed. You may with our prior consent (and such consent will not be unreasonably withheld) cancel or amend the level of Stop or Limit Order at any time before our quote or the relevant market quotation reaches or goes beyond the relevant level. However, once the level has been reached you may not cancel or amend the level of order. If you enter into any Contract and place a Stop or Limit Order which, when executed, would be capable of closing or partly closing such Contract and you subsequently instruct us to close that Contract, or any part of it prior to the level of the Stop or Limit Order being reached, it is your responsibility to cancel the Stop or Limit Order if you do not want the order to remain valid. If you close your original Contract and fail to cancel the Stop or Limit Order we shall be entitled in our absolute discretion to treat the Stop or Limit Order as an instruction to enter into a new Contract for you once our quote or (as the case may be) the relevant market quotation reaches or goes beyond the level of the Stop or Limit Order.
The conditions referred to in this paragraph are as follows:
Each Contract and all other transactions entered into between us and you under this agreement will be entered into in consideration of each other and constitute a single agreement between us and you.
Monthly statements of your account shall be sent by us to your email. Please ensure that you verify the contents of each document received from us. Such documents shall, in the absence of manifest error be conclusive unless you notify us in mail to the contrary within two working days of receiving such documents.
This agreement shall continue and be in effect until terminated by either party .AUSFOREX may, at its sole discretion and at any time, terminate this agreement, with such termination taking effect on the date on which termination notice has been given and payments made to the Client. The Client may terminate this agreement by giving written notice which will be effective upon receipt of the notice or, if it is received or deemed to be received on a day which is not a business day then the first business day thereafter. Termination will not affect any legal rights or obligations that may have accrued. In termination we will liquidate any outstanding Contracts. The balance in your account at termination shall be repaid to you not later than three working days after the agreement terminates.
Any written notice, instruction, demand, acknowledgement or request to be given hereunder or any contract shall be in mail and shall be given by email in our case to our email and in your case to the email address last notified by you to us. If you or we wish to change the email address for communication, we shall each give to the other no less than three days’ notice in mail of the change desired. Notices addressed as provided above shall be deemed to have been duly given when dispatched (in the case of email), three (3) days after posting , provided that notices to us shall be effective only upon their actual receipt by us. In each of the above cases any notice received on a non-working day or after business hours in the country of receipt shall be deemed to be given on the next following working day in such country.
The terms of this client agreement, and the rights and obligations of the clients hereto, shall be governed by, construed and enforced in all respects by the laws of United Kingdom. Clients, in order to induce AUSFOREX to accept these terms, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby agrees that any judicial, administrative action or proceeding, including, but not limited to, arbitration arising directly or indirectly hereunder or in connection with the transactions contemplated hereby, whether brought by Client or AUSFOREX, shall be held, at the sole discretion of AUSFOREX, within United Kingdom. Clients consents and submits to, and waives any and all objections Client may have to such venue, and further agrees to waive and forego any right Client may have to transfer or change the venue of any action or proceeding encompassed hereby.
You should not deal in these products or engage any of these services unless you understand the nature and the exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. Different instruments involve different levels of exposure to risk, and in deciding whether to trade in such instruments you should be aware of the following factors concerning trading the derivatives products in AUSFOREX.
AUSFOREX does not claim any account information to customers, please safekeeping your account and password, and ensure that any of your transactions are motivated by your willingness.
AUSFOREX does not provide any investment advice, and will not help customers to trade any product. Any opinions, news, analyses, prices or other information contained on AUSFOREX website are provided as general market commentary and do not constitute investment advice, and not to persuade or recommend customer to buy or sell any over-the-counter products or other financial products.
You acknowledge that the internet is, due to unpredictable traffic congestion and other reasons, an inherently unreliable medium of communication and that such unreliability is beyond our control;
Trading on the internet is not instantaneous and several seconds may elapse between the time when you give your order via the internet to us and the time when it is received by us, in which time the market may have moved and your order may be implemented at a different value from that when you initiated the order on your PC;
We reserve the right not to execute an order by you until it has been received by us;
We shall not be liable for any loss, expense, cost or liability (including consequential loss) suffered or incurred by you as a result of instructions being given or any other communications being made via e-mail or via the internet;
You will solely be responsible for all orders and for the accuracy of all information sent via the internet using your name or personal identification number;
You further acknowledge and agree that there are risks of misunderstandings or errors in any communication and that such risks shall be absolutely borne by you;
You acknowledge and agree that it shall not usually be possible to cancel an instruction after it has been given;
The time shown by our electronic logging system and the information contained on our server shall be conclusive between us as to the exact time of receipt of any messages or order and as to the accuracy of the information.
FORCE MAJEURE EVENTS
We may, in our reasonable opinion, determine that an emergency or an exceptional market condition exists (a “Force Majeure Event”). A Force Majeure Event shall include, but is not limited to, the following:
If we determine that a Force Majeure Event exists we may in our absolute discretion without notice and at any time take one or more of the following steps:
In the event of the above events, AUSFOREX shall not be liable to the Client for any claims, losses, damage, costs and expenses, including lawyers’ fees, arising directly or indirectly out of such events.
ENTRY INTO FORCE
This Agreement shall not be deemed accepted by AUSFOREX and shall not become a binding contract between the Client and AUSFOREX until the Agreement and the Customer Account Application, including all relevant annexes, have been completed and executed by the Client and received and accepted by AUSFOREX, a notice whereof shall be given to the Customer.
RISK WARNING & DISCLAIMER
The facilities we provide are available only to experienced investors with sufficient financial resources to trade in our investment products. The following statements are intended to make you aware of and disclose to you the potential risk and loss in respect to the trading on the financial markets. You must familiarize yourself with the nature of CFD trading, the terminology used and the procedures involved before you enter into any contract. Our rolling spot contracts and CFDs are based on highly leveraged margin trading; as with any derivative instrument, such contracts carry a very high degree of risk and trading such instruments may expose the investor to substantial losses as well as gains. The gearing and leverage that is obtainable with CFD trading means that you only need to place a small deposit to commence trading with us although this small deposit may result in large losses or large gains. You must consider that if the market moves against you, you may sustain a total loss greater than the funds deposited. It is your responsibility to ensure that you are fully aware all these risks before enter into any contract.
If you have any questions about this Agreement or the nature and suitability of the services we provide, please contact us before commencing any activity on your account. We will assume that, on commencement of business, you are satisfied that all terms relating to your facility with us have been fully understood and accepted by you. We will assess your application from the information available to us and in particular the responses you have given in completing the Customer Information Sheet; if you are accepted as a customer it will be on such a basis. Accordingly, we will classify you as a private customer. You should not proceed with this arrangement unless you have carefully considered that it is appropriate for you and are satisfied with these terms .Investors should note that to protect their interests, we may set zero stop orders where no client order has been placed to minimize losses. In this event, clients cannot lose more than their initial commitment.
CONFLICTS OF INTEREST
We provide herewith a summary of the policy we maintain in order to manage conflicts of interest in respect of the duties we owe to our clients.
A conflict of interest can arise between AUSFOREX and you as a client or between your interests and those of another client of ours. We aim to establish and maintain and operate effective organizational and administrative arrangements with a view to talking all reasonable steps to prevent conflicts of interest from constituting or giving rise to a material risk of damage to the interests of our clients.
We aim to keep a record of the kinds of activity we carry on in which a material conflict could arise or has arisen, and, in doing so we take account of the activities of other members of our group of companies. We also maintain procedures to maintain appropriate independence between members of our staff who are involved in different activities, for example, through the operation of information barriers, the segregation of duties and responsibilities and maintenance of a policy of independence which requires our staff, when providing services to a client, to act in the best interests of the client and to disregard any conflicts of interest; and, in some circumstances declining to act for a client or potential client.
Where our arrangements to manage conflicts are not or cannot be sufficient to be reasonably confident that risks of damage to a client’s interest will be prevented we aim to disclose the general nature and/or sources of conflicts before carrying on business for the client. This is to allow the client to consider whether to ask for more information and whether to continue with the service; we do not aim to provide detailed, highly specific or comprehensive information.
We do not prohibit our staff from receiving small gifts and minor hospitality from other parties with which we do business but only where in the opinion of a director or senior manager it is at a level that is not lavish or excessive and only where it will not impair our duty to act in the best interests of our clients or other legal or regulatory obligations.
FORCED LIQUIDATION CONDITION
All the trading accounts opened in AUSFOREX, the system will automatically sounds when the margin level is less than 50%, then customers need additional margin to avoid forced liquidation, when the margin level is less than 30%, the system will start gradually forced liquidation in accordance with the order of the maximum amount of the loss, until the trading account margin level back to more than 30%.
This Agreement sets forth the terms and conditions under which AUSFOREX shall permit you as our client to have access to one or more terminals, including terminal access through your internet browser, for the electronic transmission of orders and/or transactions, for your accounts with AUSFOREX. This Agreement also sets forth the terms and conditions under which AUSFOREX shall permit you electronically to monitor the activity, orders and/or transactions in your account (collectively, the “Online Service”). For purposes of this Agreement the term “Online Service” includes all software and communications links and in consideration thereof, Client agrees to the following:
LICENCE GRANTAND RIGHT OF USE
By this Agreement, where AUSFOREX is supplying the Client with software for use with the Online Service, the Client undertakes to use the software solely for his/her own internal business purposes. Neither the software nor the Online Service may be used to provide third party training or as a service bureau for any third parties. The Client agrees to use the Online Service and the software strictly in accordance with the terms and conditions of AUSFOREX Account Opening Documentation, as amended from time to time. The Client also agrees to be bound by any rules, procedures and conditions established by AUSFOREX concerning the use of the Online Service provided by AUSFOREX.
Subject to prevailing market conditions and applicable rules and regulations. AUSFOREX consent to Client’s access and use in reliance upon his/her having adopted procedures to prevent unauthorized access to and use of the Online Service, and in any event, the Client agrees to any financial liability for trades executed through the Online Service. The Client acknowledges, represents and warrants that:
The Client accepts responsibility for the monitoring of his/her account(s). The Client will immediately notify AUSFOREX in mail if He/She becomes aware of any of the following:
RISKS OF ONLINE TRADING
The Client’s access to the Online Service, or any portion thereof, may be restricted or unavailable during periods of peak demands, extreme market volatility, systems upgrades or other reasons. AUSFOREX makes no express or implied representations or warranties to the Client regarding the usability, condition or operation thereof. AUSFOREX does not warrant that access to or use of the Online Service will be uninterrupted or error free or that the Online Service will meet any particular criteria of performance or quality.
Since AUSFOREX does not control signal power its reception or routing via internet, configuration of your equipment or reliability of its connection, we cannot be responsible for communication failure, distortions or delays when trading online via internet.
Under no circumstances including negligence, shall AUSFOREX or anyone else involved in creating, producing, delivering or managing the Online Service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Online Service, or out of any breech of nay warranty, including, without limitation, those for business interruption or loss of profits.
The Client expressly agreed that his/her use of the Online Service is of his/her sole risk. The Client assumes full responsibility and risk of loss resulting from use of, or materials obtained through the Online Service. Neither AUSFOREX or other suppliers providing data, information, or services, warrant that the Online Service will be uninterrupted or error free; nor does AUSFOREX make any warranty as to the results that may be obtained from the use of the Online Service or as to the timeliness, sequence, accuracy, completeness, reliability or content of any information, service, or transaction provided through the Online Service.
MARKET DATAAND INFORMATION
Neither AUSFOREX nor any provider shall be liable in any way to the Client or to any other person for:
The Client acknowledges that from time to time, and for any reason, the Online Service may not be operational or otherwise unavailable for his/her use due to servicing, hardware malfunction, software defect, service or transmission interruption or other cause, and he/she agrees to hold AUSFOREX and any provider harmless from liability of any damage which results from the unavailability of the Online Service. The Client acknowledges that he/she has alternative arrangements, which will remain in place for the transmission and execution of his/her orders, in the event, for any reason, circumstances prevent the transmission and execution of all, or any portion of his/her orders through the Online Service.
The Client represents and warrants that he/she is fully authorized to enter into this Agreement and under no legal disability which prevents him/her from trading, and that he/she shall remain in compliance with all laws, rules and regulations applicable to his/her business. The Client agrees that he/she is familiar with and will abide by any rules or procedure adopted by AUSFOREX and any provider in connection with use of the Online Service and he/she has provided necessary training in its use. The Client shall not (and shall not permit any third party) to copy, use, analyze, modify, decompile, disassemble, reverse engineer, translate or convert or convert any software provided to him/her in connection with use of the Online Service or distribute the software or the Online Service to any other third party.
AUSFOREX May, in its sole discretion, terminate or restrict the Client’s access to the Online Service and may terminate this Agreement at any time. Upon termination, any software license granted to the Client herein shall automatically terminate.
The Client agrees to indemnify and hold AUSFOREX harmless from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or related to this Agreement and due to any error that the Client fail to correct or arrange for AUSFOREX to correct (if possible). This indemnification shall be binding upon the Client and the Client’s executors, administrators, heirs, successors and permitted assigns and will survive termination of this Agreement.
THE DEFINITION AND PROCESSING METHOD OF ABNORMAL TRADING
The company reiterated the consistent position: as the legitimate rights and interests of fairness guarantee network transactions and the vast majority of customers, the company will not accept any use of operating platform bug or fault of single transactions, also resolutely crack down by external software (i.e., any third party - the company cloth supporting software) for abnormal transactions. If there is 30% of the volume of transactions holding period for single in less than 2 minutes of trading, or there is 10% of the volume of transactions holding period for single in less than 1 minutes of trading, or there are heavy positions and using highly leveraged short-term trading which is prohibited by the company or through other ways（e.g. locked position）and other transactions to evade the provisions of the above,the account will be defined as the abnormal trading.
In view of the fact that emerge in an endless stream of abnormal trading practices, we will make the freezing treatment of 2 working days for suspected abnormal trading account to ensure the fairness of network transactions, In the freezing period, the technical department will check, review, and detail trades of the account. We will email account holders, notify the account has been frozen. In the freezing period, the company will suspend the acceptance of any business. The account can not trade until the freeze period ends. We will thawed or detail the abnormal trading according to the review results.
The Client may not amend the terms of this Agreement. AUSFOREX may amend the terms of this Agreement upon notice to the Client (including electronic delivery). By continued access to and use of the Online Service, the Client agrees to any such amendments to this Agreement. This Agreement is supplemental to the customer Agreement.
CUSTOMER REPRESENTATIONS AND WARRANTIES
Customer represents and warrants that:
Customer represents and warrants that the financial information disclosed to AUSFOREX in this document is an accurate representation of Customers current financial condition. Further, Customer represents and warrants that in determining:
RISK AND DISCLAIMER
By submitting either the registration form to download the demo, requesting a quick call back or registering for the newsletter you are consenting to receive information by email, telephone, post or any other method from AUSFOREX about offers that you may be entitled to and products and services, which we believe may be of interest to you. We will not share your details with any third parties, other than our affiliated companies, for marketing purposes without your prior consent. If at any time you no longer wish to receive this information, please let us know by using the unsubscribe facility provided within any email we may send you, or alternatively you may email us and we will remove your details from our database.
Our rolling spot contracts and CFDs are based on highly leveraged margin trading; as with any derivative instrument, such contracts carry a very high degree of risk and trading such instruments may expose the investor to substantial losses as well as gains. The contents of this site and the facilities we provide are available only to experienced investors with sufficient financial resources to trade in our investment products. Investors should note that to protect their interests, we may set zero stop orders where no client order has been placed to minimize losses. In this event, generally the clients cannot lose more than their initial investment made on a particular transaction.