Agreement to Terms

DEFINITIONS

In the agreement, unless the context requires, the following words shall be construed as follows:

• Acceptance: Users are typically required to agree to the terms and conditions before using a service.Access Codes the email and password provided by the Client for accessing the Company’s electronic systems.
• Account Activity account details, including executed Transactions, Confirm actions of trades, swap interest credits/debits, cash balance, account equity, used Margin ratio, total realized and unrealized profit and loss, and the remaining amount available for trading
• Account Application the Application to Open an Individual, Joint or Business Trading Account form, which is completed by the Customer through the Website or provided to the Customer in hard-copy form.
• Adviser an algorithm in the form of a program based on MT4, which is used to control a Trading Account and give instructions and requests to the Server via the Client Terminal.
• Thin Market the market in which the Quotes in the Trading Platform are rare as opposed to the Normal Market Conditions. Trading Account the unique personified registration system of all Completed Transactions, Open Positions, Orders and deposit/ withdrawal transactions in the Trading Platform. Trading Dispute a complaint or grievance relating to a Transaction or trade submitted, deleted, modified, offset/closed or executed on the Trading Platform or otherwise handled by PrimaXstream . Trading Platform all programs and technical facilities which: (a) provide real-time Quotes; (b) allow Transactions to be made; (c) allow Orders to be placed, modified, deleted, offset and executed; and (d) calculate all mutual obligations between the Customer and Nexoeqinox
• Balance the total financial result of all Completed Transactions and deposit /withdrawal operations on the Trading Account and does not unrealized profits and losses.
• Error Quote/Spike an error Quote including, but not limited to, the following characteristics: (a) a significant Price Gap or Spread gap; (b) in a short period of time, the price rebounds with a Price Gap or Spread gap; (c) no rapid price movements at the time of the Quote; and (d) before and immediately after the Quote provided it appears that no important macroeconomic indicators and/or corporate reports are released. An event of Default has the meaning given in paragraph 17.2 of the Customer Agreement.

  Remember that it's important to read and understand the specific terms and conditions of any service or product you use. If you have any questions or concerns about a particular set of terms clarification.

Communication

Transmission of Reports, Statements, Notices, and Other

• Communications. Reports, statements, notices and any other communications from PrimaXstream will be made available by display electronically via PrimaXstream Trading Platform, or may be transmitted electronically via e-mail or sent to the mailing address listed in the application, via U.S. mail or to such other address as the Customer may from time to time designate in writing to PrimaXstream . All communications so made available or sent, whether by mail, display electronically, telegraph, messenger, e-mail, fax or otherwise, shall be deemed transmitted by PrimaXstream when deposited in the United States mail, or when received by a transmitting agent or posted in PrimaXstream Trading Platform or Website and are thus available for the Customer’s electronic access, or when e-mailed or faxed, and will also be deemed delivered to the Customer personally, whether actually received or accessed by the Customer or not. The Customer shall notify PrimaXstream immediately of any change in the Customer’s address by e-mail to support{{site()->name}} .com. All communications sent by the Customer shall not be deemed effective until accepted by PrimaXstream .
• Consent to Other Communications. The Customer expressly invites PrimaXstream , for the purpose of marketing financial services and products, from time to time, to make direct contact with the Customer by telephone, facsimile or otherwise. The Customer consents to such communications and agrees that the Customer will not consider such communication a breach of any of the Customer’s rights under any relevant data protection and/or privacy regulations. The Customer may opt out of receiving such communications by sending PrimaXstream an e-mail at support{{site()->name}} .com
• RELATIONSHIP BETWEEN THE COMPANY AND THE CLIENT
• The Company reserves the right to use, employ or appoint third qualified and duly trained person for the purpose of mediating in the execution of orders and the conclusion of transactions for the Client.
• The Company declares that it takes all necessary measures, where possible, in order to anticipate or solve any conflicts of interest between, on the one hand, itself and its associated persons and clients and on the other hand, between its clients. However, the Company draws the Client’s attention to the following possibilities of a conflict of interest.
• Balance the total financial result of all Completed Transactions and deposit /withdrawal operations on the Trading Account and does not unrealized profits and losses.
• The Company and/or any associated company and/or any company which is a member of the group of companies to which the Company belongs to, might: Enter itself into an agreement with the Client in order to execute his Order; Be an issue of the Financial Instruments in which the Client wishes to conclude a transaction act on its behalf and/or for another client as a purchase and/or seller and may have an interest in the Financial Instruments of the issuer in which the Client wishes to conclude a transaction; Act as the market maker, consultant, and investment manager and/or have any trading or other relationship with any issuer; Pay a fee to third persons who either recommended the Client to the Company or who mediated in any way so that the Client’s Orders are forwarded to the Company for execution. An event of Default has the meaning given in paragraph 17.2 of the Customer Agreement.

Client Classification

For the purposes of the services provided by PrimaXstream under these Terms of business, we will act as principal and not as agent on your behalf. We shall treat you as a Retail Client, subject to the following:

• if you satisfy the definition of Professional Client or Eligible Counter-party, we may notify you that we will treat you as such and the terms detailed in Schedule 1 shall apply
• PrimaXstream recognizes that the USA PATRIOT Act, as amended from time to time (the “Act”), imposes important obligations on all financial firms for the detection, deterrence, and reporting of money laundering activities. Under the Act, money laundering is defined as any financial transaction using income derived from criminal activity including, but not limited to, drug trafficking, fraud, illegal gambling, and terrorism. PrimaXstream has established the following policies to ensure compliance with all laws and regulations regarding money laundering.
• Prior to the opening of any new Trading Account, PrimaXstream will document the identity, nature of business, income, the source of funds, and investment objectives of each prospective customer. Therefore, PrimaXstream will request the Customer’s driver’s license number, passport number and may request copies of the Customer’s identifying documents.
• T On an on-going basis, PrimaXstream will review Trading Account activity for evidence of transactions that may be indicative of money laundering activities. This review may include surveillance of: (a) money flows into and out of Trading Accounts, (b) the origin and destination of wire transfers, (c) non-economic transactions, and (d) other activity outside the normal course of business. Every officer, employee and associated person of PrimaXstream is responsible for assisting in the firm’s efforts to uncover and report any activity that might constitute, or otherwise indicate or raise suspicions of, money laundering. To this end, PrimaXstream provides continuing education and training of all such persons.
• PrimaXstream will comply with all trade and economic sanctions imposed by the U.S. Office of Foreign Assets Control against targeted foreign countries and shall cooperate fully with government agencies, self-regulatory organisations, and law enforcement officials. As provided by the Act, PrimaXstream may supply information about former, current or prospective customers to such bodies.

CLIENT ACCOUNTS

For the purposes of the services provided by PrimaXstream under these Terms of business, we will act as principal and not as agent on your behalf. We shall treat you as a Retail Client, subject to the following:

• All amounts handed over by the Client to the Company or which the Company holds on behalf of the Client, for the provision of Investment Services as in paragraph 2, shall be held in the name of the Client and/or in the name of the Company on behalf of the Client in an account with any bank, other institution or any electronic payment providers/processors used to accept funds which the Company shall specify from time to time (“the ‘Bank Account’).
• The Client has the right to withdraw the funds, which are not used for margin covering, free from any obligations from his sub-account without closing the said sub-account.
• Money transfer request (withdrawal from the trading account) is processed within three working days after receiving from the Client transfer request instructions. Then the transferring amount reduces the balance of the Client’s sub-account when the transfer request process is concluded. The Company reserves the right to decline a withdrawal request if the request is not in accordance with paragraph 7.9 or delay the processing of the request if not satisfied on full documentation of the Client.
• The Client agrees to pay any incurred bank transfer fees/charges charged by the Bank Account providers, the Company or any other intermediary involved in such transaction process when withdrawing funds from his sub-account to his designated account held in any of the providers specified in paragraph 7.1 above. The Client is fully responsible for payments details, given to the Company and the Company accepts no responsibility for the Client’s funds, if the Client’s given details are wrong.
• The Client agrees that any amounts sent by the Client or on the Client’s behalf in the Bank Accounts, will be deposited (credited) to the Client’s trading account at the value date of the payment received and net of any charges / fees charged by the Bank Account providers, the Company or any other intermediary involved in such transaction process. The Company must be satisfied that the sender is the Client or an authorized representative of the Client before making any amount available to the Client’s trading account, otherwise, the Company reserves the right to refund/send back the net amount credited to the account by the same method as received. It is also understood that the Company accepts no responsibility for any funds not deposited directly into Company’s bank accounts.