- Information Service Agreement
- Terms Of Service
- Anti-money laundering and fraud prevention policy
- Authority To Trade form
Dunboyne Investment, S.A. referred to hereinafter as The Company, and represented by its President and ____________________________, referred to hereinafter as Client, jointly referred to hereinafter as Parties, have entered this Agreement concerning the following:
1. TERMS OF THE AGREEMENT.
The Company provides the Client with information related to the foreign exchange and CFD markets in real time, as well as technical means to place trading orders and consulting services on terms and conditions set forth herewith.
2. GENERAL CLAUSES.
2.1. This Agreement is based on Terms of Service available at www.forex-metal.com.
2.2. The Client authorizes the Company to enter and execute orders on the Client’s behalf and to keep the record of all transactions.
2.3. The definition of the Client shall be also understood to include a third party, referred to hereinafter as Agent, who has been commissioned in writing by the Person signing this Agreement to manage the trading account thereof.
3. OBLIGATIONS OF THE PARTIES.
3.1. The Company hereby promises:
3.1.1. To provide the Client with technical and information facilities 24 hours a day each week, excluding the period from 12:00pm Saturday to 00:00am Monday (GMT time) and excluding European and US official holidays.
3.1.2. To provide the Client with e-mail and online support during the same hours of operation as in clause 3.1.1. and with customer service over the phone during specified working hours. 3.1.3. To provide conversion into electronic format and timely transmission of orders issued by the Client.
3.1.4. To log Client's orders and execution thereof, and provide the Client with required extracts on demand.
3.1.5. To credit the Client’s trading account with the Client’s immediately upon confirmation of the funds receipt by the Company.
3.1.6. To process a withdrawal from the client’s trading account upon request within 3 business days. The withdrawal amount will only be debited from the client’s account if there are no open positions in the trading account at the time when the withdrawal is made and the account balance is greater then the amount the withdrawal.
3.2. The Client hereby promises: 3.2.1. To lodge formal complaints with The Company within two working days from the moment of issue of the order, should handling or logging thereof appear unsatisfactory, or otherwise, waive the right to any recourse against The Company or its representatives and Agents.
3.2.2. To use the information obtained from The Company exclusively in the information system of the Company except otherwise agreed by the Parties.
3.3. The Parties calculate and pay appropriate taxes and other liabilities to third parties independently.
4. ORDER EXECUTION.
4.1. Only electronic orders of the Client shall be subject to execution. In an emergency, individual orders may be executed basing on oral instructions of the Client received over the telephone, subject to prior agreement by the Parties.
4.2. The Company may refuse to execute orders in cases set forth in the Terms of Service.
5. OBLIGATIONS OF THE PARTIES.
5.1. The Company reserves the right to cancel or suspend the Agreement in case when the Client violates the Agreement or the Terms.
5.2. The Company shall not be liable for Client's losses resulting from execution of orders of an Agent of the Client The Company, if the Client should withdraw Agent's authorization to issue orders to The Company, but fail to notify The Company about such withdrawal in a timely manner. 5.3. Complaints of one of the Parties against the other shall be lodged within 2 business days from the event taking place.
5.4. The Party receiving a complaint shall have to consider it and issue a substantial reply within five business days of receipt.
5.5. All disputes and differences arising from this Agreement or in relation thereof shall be in all possibility resolved by the Parties through negotiation.
5.6. In the event of an irreconcilable dispute, the dispute shall be referred to the Arbitration Court of the City of Montevideo, Uruguay.
7. FORCE MAJEURE.
7.1. The Parties shall not be liable for nonperformance of this Agreement in the entirety or in part or undue performance thereof, if this nonperformance or undue performance is caused by extraordinary circumstances that have arisen after the conclusion of this Agreement, that could not have been foreseen or prevented (natural disasters, wars and hostilities, legislative changes in the countries of residence of the Parties, precipitous changes in currency rates on the international markets and so forth).
7.2. The Company shall not be liable for delayed transmission of the orders arising from technical malfunctions or organizational failures resulting from causes outside of the scope of control of The Company.
7.3. The Party caused to be unable to perform this Agreement shall have to notify the other Party in writing within 5 days from the moment of coming of the aforementioned circumstances into existence about such existence and assumed duration thereof. The facts presented in the notice shall have to be witnessed by the authorized representative of the respective Party.
7.4. Party failing to notify or notifying late shall forfeit the right to cite any of the aforementioned circumstanses as grounds for nonperformance or undue performance of the obligations.
8. TERM AND DISSOLUTION OF THE AGREEMENT.
8.1. This Agreement shall be valid from the time when it is accepted by the client in writing or by electronic means. The performance of the Agreement on the part of The Company shall cease upon closing of the Client’s account and The Company shall only be liable for return of the balance of the account to the Client.
8.2. The dissolution of the Agreement may be initiated by one of the Parties who shall notify the other Party of the intent thereto no later than 1 working day in advance. The Client must close all open positions no later than 3 days before dissolving the Agreement. In such a case, an authorized representative of The Company shall approve the release of unincumbered funds to the Client.
8.3. Revisions and amendments to this Agreement must be duly drawn up and signed by the Parties to be valid.
Access to Website
This website and the copyright in all text, graphics, images, software and any other materials on this website is owned by Dunboyne Investment, S.A. (The Company) or its licensors, authorized representatives, parents or subsidiaries and associated organizations. You may only use the materials on this website solely for your own personal use and (except as permitted by the Terms of Business) solely for non-commercial purposes.
You may display on a computer screen or print extracts from this website for the above-stated purpose only and without alteration, addition or deletion. Except as expressly stated herein, you may not without The Company’s prior written permission alter, modify, reproduce, distribute or commercially exploit any materials from the website. You acknowledge that "Forex-Metal" and "forex-metal.com" are trade marks of The Company. You may reproduce such trade marks without alteration on material downloaded from this website to the extent authorised above, but you may not otherwise use, copy, adapt or erase them without The Company' prior written permission.
The names and logos of other companies appearing on this website may be the trade marks of third parties and are used by The Company with the permission of their respective owners.
These Terms and Conditions contain the entire agreement between you and us relating to your access and use of this website. The Company may change these Terms and Conditions at any time and will notify you of such changes by posting an updated version of these Terms and Conditions on this website. You are responsible for regularly reviewing these Terms and Conditions and if you use this website after any such changes are published, such use shall constitute your agreement to such changes. The Company may choose not to open an account to a customer or to refuse the use of its website and trading facilities by the customer if such account or activities are deemed inappropriate by the Company.
Third party's materials and websites
This website may contain materials produced by third parties or links to other websites. Such materials and websites are provided by third parties and are not under The Company' direct control and The Company accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to this website). You acknowledge that The Company shall be entitled to require you to remove any link from another website to this website which you install without obtaining The Company' prior written consent.
The Company' liability
If you register to become a Customer of The Company and receive Services from The Company, you will be required to accept the Company’s Terms of Business. Such Terms of Business will govern your relationship with The Company and The Company' liability to you in respect of Services provided thereunder.
Although The Company updates the website on a regular basis, it does not warrant that the information or materials contained in the website are current or accurate or that any of products or services featured on the website are available. The Company may change the materials appearing on this website at any time without notice.
SAVE AS STATED ABOVE IN RESPECT OF THE SERVICES, THIS WEBSITE AND ALL SOFTWARE AND OTHER MATERIALS ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY AS TO ACCURACY, TIMELINESS OR COMPLETENESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, CURRENCY, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR OR ANY PURPOSE ARE HEREBY EXCLUDED.
The Company SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM OR SETTINGS, LOSS OF DATA, REVENUE OR PROFITS, WHICH YOU MAY SUFFER ARISING OUT OF YOUR USE, DELAY IN USING, OR INABILITY TO ACCESS THIS WEBSITE, OR IN ANY OTHER WAY CONNECTED WITH THIS WEBSITE, INCLUDING WITHOUT LIMITATION FROM THE DOWNLOADING OF ANY SOFTWARE FROM THIS WEBSITE. The Company DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE WEBSITE OR MATERIALS WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITE OR ANY SOFTWARE WILL BE UNINTERRUPTED, SECURE OR FREE FROM ERRORS OR VIRUSES.
You agree to indemnify, defend and hold The Company, its parents, subsidiaries, affiliates, officers and employees harmless from any loss, cost, damage, claim or demand, including reasonable legal fees, made by any third party or incurred or suffered by The Company or its parents, subsidiaries, affiliates, officers or employees in connection with your use of the website in breach of these Terms and Conditions or negligence.
In addition to any obligations that you may have if you register to become a Customer of The Company, you agree to ensure that all information which you provide to The Company is complete and accurate to the best of your knowledge and belief. You agree to notify The Company immediately of any changes to the details you have provided to enable The Company to keep its records up to date and accurate.
You consent that the Company may hold your funds in a Non-segregated accounts for the purpose of securing or otherwise covering your present or future, actual or contingent or prospective obligations.
You consent and agree that the Company can deal with this money in its own right until an equivalent transfer is made back to you if the provision of collateral by you is no longer required. In the event of the Company’s insolvency you will rank as a general creditor of the Company.
When you ask for information about our products and services, when you access and use this website or when you submit an application to open an account with Forex-Metal.com, you will be providing Forex-Metal.com with your personal information. We will also maintain records of all transactions and activities on accounts you have with Forex-Metal.com, including details of contracts traded and margin calls made. During the course of your relationship with Forex-Metal.com, we will also gather information about products and services provided to you.
The Forex-Metal.com reserves the right to record telephone conversations between you and persons working for the Forex-Metal.com. Such recordings, or transcripts from such recordings, may be used to resolve any dispute between you and Forex-Metal.com.
When you access your account on-line a cookie will be created which uniquely identifies your computer and your username and password. This means that you do not have to re-enter those details each time you want to access your account on-line.
Most internet browsers are set up to accept cookies. If you do not wish to receive cookies, you may be able to change the settings of your browser to refuse all cookies or to have your computer notify you each time a cookie is sent to it, and thereby give yourself the choice whether to accept it or not. If you reject all cookies, you will be unable to access your account on-line. You can also delete cookies from your computer after they have been created.
The information requested in any application to open an account completed by customers is required to enable us to determine your trading needs and experience in order to provide you with better service. That information, together with the information collected and maintained by the Forex-Metal.com during the course of our relationship with you, is required to keep you updated whilst you are a Customer in relation to matters such as Contracts you have traded, your margin obligations and the funds in your account, and possibly other activities of the Forex-Metal.com. Forex-Metal.com also requires the information to manage and administer the products and services provided to you.
The information requested by us when you are accessing Forex-Metal.com websites is to allow us to provide you with information regarding the products and services offered by Forex-Metal.com. We may also be required to provide your personal information regulatory and government bodies in our jurisdiction.
The Forex-Metal.com may also disclose your personal information to:
- financial institutions and other similar organizations that it deals with in the course of its corporate activities, or those that are nominated by you;
- any organization at your request or any persons acting on your behalf, including your financial adviser, broker, solicitor or accountant.
The Forex-Metal.com may use your personal information for:
- contacting you in regards to our new products and services;
- developing an understanding of the products and services that you may be interested in obtaining from the Forex-Metal.com.
In order to prevent money laundering and fraudulent activity the following policies have been implemented by our company.
- When opening a trading account at Forex-Metal.com customers are required to provide at least one form of photo ID and a utility bill or bank statement to confirm the customer’s address. In case of corporate accounts, in addition to the above documents for the Directors and/or executives of the company, copies of Certificate of Registration and Articles of Incorporation are also required.
- We would not accept any third party payment to fund the trading account opened with us. Any payment must originate from the account under the same name as the name of the trading account with us. It can also be a joint account or a corporate account if your FM trading account is held in the name of the company.
- Withdrawals from a trading account could only be made to the same account, which was used by the customer to deposit money into the trading account. Specials circumstances where the customer cannot receive funds to the same account will be considered on a case by case basis.
- Although we accept credit cards for deposits, We are unable to provide withdrawals to credit cards, (except in case of the deposit cancellation, when the refund is made to the same card, that was used to make the deposit). If you have funded your trading account with a credit card, funds could be withdrawn only to your account with the provider that facilitated the credit card payment. For example, if the credit card payment was made via our merchant facility with Skrill, the withdrawals can only be made to the customer’s account with Moneybookers and not to any other account and/or payment system.
if you are planning to trade on behalf of other people, this form should be signed by the clients and forwarded to us. Click on the link to download the form.